In re M G (Baby) [2017] KEHC 5720 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(FAMILY DIVISION)

ADOPTION CAUSE NO. 39 OF 2016

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY M G

RULING

1. The applicants herein, N O M and G O K, seek to adopt Baby M G. The matter was heard on 9th March 2017 and at the conclusion of the hearing allocated a date for judgement.

2. In the course of writing the judgement in the matter, it has come to my notice that the record before me does not have the original documents prepared by the agency that arranged the proposed adoption. What I have seen are photocopies of the documents allegedly lodged herein by Little Angels Network on 20th April 2016.

3. The most critical document for the purpose of an adoption is the certificate declaring that the child proposed to be adopted was free and therefore available for such adoption. The court must be furnished with the original document which purports to declare the child free for adoption. There is no such original certificate or declaration on record.

4. In view of the above, I cannot possibly prepare the judgment in this matter, until the original of the freeing certificate on record dated 7th August 2015, serial number [Particulars withheld], is made available.

DATED, SIGNED and DELIVERED at NAIROBI this 19TH DAY OF MAY, 2017.

W. MUSYOKA

JUDGE