In re M M (Child) [2017] KEHC 2164 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 87 OF 2015

AND

IN THE MATTER OF CHILDREN’S ACT, No. 8 of 2001

AND

IN THE MATTER OF  BABY M M (THE CHILD)

IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDERED BY M K N AND S W T

JUDGMENT

1. The applicants M K Nhereinafter referred to as the 1st applicant andS W Khereinafter refered to the 2nd applicant are seeking to be authorized to adopt baby M M. The applicants have been married for the last 22 years. They solemnised their marriage on 7th August 1993 in [Particulars withheld] Church at Njabini. In their statement they depone that they had care and control care of the child from 4th September 2014. They are both citizens of Kenya.

2. From the Kenya Children’s Homes reported dated 28th April 2015 and the report from County Coordinator for Children Services it is reported as follows; the child was presumably born on 23rd December 2013.  She was abandoned in a hotel in Nakuru town on 24thDecember 2013 and was rescued by a waiter from the hotel and taken to Nakuru Police Station on  25th December 2013.  The matter was reported to Nakuru police station and was recorded vide occurrence book number[Particulars withheld]. The officer in charge at the station referred the child to African Gospel Church Baby Centre for care and protection and a vacancy was availed.  The child was committed at Africa Gospel Church Baby Centre for care and protection at the children’s court of Nakuru on 29th January 2014 vide protection and case number 55 of 2014.   The Nakuru police station asserted that based on their investigations, no one had gone forward to claim for the child and their efforts to trace the child’s relatives have not been successful.  The minor was thus freed for adoption by the Kenya Children’s Homes Adoption Society’s Case Committee on its sitting of 13th August 2014 and Freeing Certificate Serial No. [particulars withheld] issued pursuant to section 156 (1) of the Children’s Act 2001.   Prior to placement the child was declared free for adoption by  the agency’s case committee siting of 13th August 2014 where a freeing certificate serial number 1127 was issued in compliance to Section 156(1) of the Children’s Act 2001.

3. The report from the County Coordinator for Children Services Nairobi was filed on 15th June 2017. It was observed that the applicants have been living with the minor since 4/9/2014. They have adequately provided for her as evidenced by their love towards the minor. The applicants are responsible, mature, emotionally and financially capable to provide for the child in this matter. That there appears to be perfect bonding between the child and the prospective applicants. They want the legal guardian to be changed to J K G. They indicated the reason for change is because Joseph would not be able to take care of the minor in case of any eventuality. The director therefore recommends the adoption.  The report from the Kenya Children’s Homes Society too recommends the adoption. The Guardian ad litem noted that the child has bonded well with the applicants and that they are capable of raising the child.

4. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicants are qualified and able to take care of the child.  It is evident that the applicants are financially stable and capable to provide for the upkeep and education of the child.  This court finds that it would be in the best interest of the child to be adopted by the applicants.  I allow the application for adoption. The Applicants M K N and S W Kare hereby allowed to adopt Baby M. She shall henceforth be known asP N K. J K Gshall be the legal Guardian of the child should misfortune befall the applicants. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act.  I hereby discharge the Guardian ad litem. It is so order.

Signed, dated and delivered this  6th   Day of    October   2017.

R. E OUGO

JUDGE

In the presence of:

Ms Nyokabi Mweni           For the Applicants

Ms Charity                           Court Clerk