In re M F(Baby) [2018] KEHC 1297 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 1 OF 2018

IN THE MATTER OF BABY M F

ON APPLICATION FOR AN ADOPTION ORDER

AND

IKM)

JKN)..................................................APPLICANTS

J U D G M E N T

1. IKM and JKN approached this Court by way of Originating Summons seeking to adopt Baby MFto be known as MMKand to have SMMappointed the Legal Guardian of the child.

2. The Applicants, a soldier and teacher respectively are Kenyan Citizens above the age of 21 years and below the age of 65 years.

3. The subject child was abandoned by his mother at a day care centre in Ichungaon the 6thday of August, 2015. On the 8th August, 2015,the proprietor of the Bee Bob Baby Care Centrereported the case to the Equator Police Base a report that was booked in OB No. 2of the 9thday of August, 2015. Subsequently, the child was admitted at Neema House IRC.He was presented before the Chief Magistrate’s Court, Nanyuki which committed him to the same home where he stayed for three (3) years prior to being declared free for adoption per Certificate No. 001755dated the 29thday of July, 2016issued by the Little Angles Network Adoption Society.

4. The case was investigated by the children services.  Per the report filed by Francis Kariukithe Sub-County Children’s Officer, Masinga observed that the prospective adoptive parents (Applicants) have bonded with the child.  They are financially stable, responsible and religious.  He recommended that the Applicants were well suited for adoption.

5. This is a child who was abandoned therefore the consent of his mother is dispensed with.  The child was abandoned, it will be in his best interest to be provided with a home.  In the premises I allow the application and grant orders thus:

(i) The Applicants be and are hereby authorized to adopt Baby MFwho shall henceforth be known as MMK.

(ii)   SMMis appointed as the Legal Guardian.

(iii) The Registrar General shall enter the Adoption Order in the Adoption Register.

(iv) The Guardian ad litem is hereby discharged.

6. It is so ordered.

Dated, Signedand Deliveredat Kituithis 28thday of November,2018.

L. N. MUTENDE

JUDGE