In re M M (Child) [2017] KEHC 595 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

ADOPTION CAUSE NO. 16 OF 2015 (O.S.)

IN THE MATTER OF THE CHILDREN ACT SECTION 158

AND

IN THE MATTER OF M M (CHILD)

AND

P M W...................................................APPLICANT

RULING

1. The application is brought by way of an Originating Summons and is dated the 12th October, 2015 and filed in court on the 14th October, 2015. The applicant seeks the following Order;

(a) That the applicant P M W be authorized to adopt M M.

2. The biological mother M K M signed a consent for adoption which is contained in the affidavit dated the 7th February, 2015; it is deponed that the biological father cannot be traced; therefore this court will exercise its discretion and dispense with the consent of the biological father; the mother further depones that she is incapable of providing for the child’s basic needs and that is the reason she is offering him up for adoption;

3. The applicant is a Catholic priest and has never married; he is aged 52 years and therefore his age falls within the prescribed parameters; this court is satisfied that all the legal requirements have been adhered to; and is satisfied that he has the resources to provide and take care of the child.

4. For the reasons stated above this court is satisfied that the applicant is  suitable person to adopt M M and finds that the adoption will be in the best interest of the child;

DETERMINATION

5. The application for the adoption of M M is hereby allowed; the applicant is hereby allowed to adopt M M he shall be known as M M M.

6. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name M M M.

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this 5th day of October, 2017

HON.A.MSHILA

JUDGE