In re M M alias M K (Child) [2017] KEHC 2784 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

ADOPTION CAUSE NO.13 OF 2015

IN THE MATTER OF THE CHILDREN ACT (ACT NO. 8 OF 2001)

AND

IN THE MATTER OF MM alias MK (CHILD)

JUDGMENT

1. The applicants, SKM and J CM, have lodged the application dated 16th December 2015 seeking to be authorized to adopt the male child currently identified and known as MM alias MK.

2. The applicants are husband and wife.  The 1st applicant, SKM, is 59 years of age, having been born on 22nd December 1958.  He is a teacher by profession.

3. The 2nd applicant, JCM, is 56 years old and is also a teacher by profession.  The applicants were married at the [Particulars Withheld] Gospel Church on 1st May 1993.  They have not been able to get biological children, but have one adopted son, now aged 9, whom they adopted in 2014 and an adoption order made on 9th October 2014.

4. The child the subject of this application is MM alias MK.  He was presumably born on 21st February 2010.  He was found abandoned on the same day at Pangani in Nairobi and taken to Good Samaritan Children’s Home in Mathare.  The matter was reported to the Pangani Police Station and recorded under Occurrence Book Number [Particulars Withheld].  The child was admitted to Africa Gospel Church Baby Centre in Nakuru on 26th June 2011 after a stint at the Mahali Pa Maisha Centre where he had been admitted for personalized care on 23rd December 2010.  He was committed to the Africa Gospel Church Baby Centre in Nakuru by the Nakuru Children’s Court on 19th December 2014 through Protection and Care Case No. 519 of 2011.

5. The child was freed for adoption on 11th February 2015 and a freeing certificate Serial Number [Particulars Withheld] was issued in accordance with section 156 (1) of the Children Act.  By the time he was declared free for adoption by the Kenya Children’s Homes Adoption Society, no one had gone to claim him.  The child was placed with the applicants on 23rd June 2015.

6. On 2nd December 2016, LCR was appointed Guardian ad Litem for the child.  The Director, Children Services, was also directed to investigate and file a report on the fitness or otherwise of the applicants to adopt the child.

7. I have considered the application before me and the documents in support.  I have also considered the report of the Guardian ad Litem and the Children Officer, Kericho Sub-County, which were filed in court on 24th March 2017 and 16th January 2017 respectively.

8. The applicants are 59 and 56 years old respectively, and are therefore within the age band set by the Children Act in respect of adoption, being 21 years older than the child and below 65 years.  They are both teachers by profession, and have their own home and practice large scale tea farming.  They therefore have the financial means to care for the child.  They are already taking care of another child whom they adopted in 2014. Both the report of the Guardian ad Litem and the Children’s Officer recommend that the applicants be authorized to adopt the child.

9. Taking all the above matters into account, I am satisfied that the applicants are fit to adopt the child.  I therefore grant orders that the applicants, SKM and Jane CM be and are hereby authorized to adopt the male child currently identified and known as MM alias MK.  The child shall be renamed MK and is declared a citizen of Kenya.  His date of birth shall be 21st February 2010.

10. The Registrar General is directed to make the appropriate entries in the Adopted Children’s Register and the Registrar of Births and Deaths to issue a birth certificate in respect of the child.

11. DKL and CCL are hereby appointed the legal guardians of the child should any misfortune befall the applicants.

12. The Guardian ad Litem is hereby discharged.

Dated, Delivered and Signed at Kericho this 6th day of October 2017.

MUMBI NGUGI

JUDGE