In re (M) (Minor) [2020] KEHC 4173 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

ADOPTION CASE NO.20 OF 2019

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF (MINOR) M aka MK

SK ARAP M...............................1ST APPLICANT

JCM............................................2ND APPLICANT

RULING

1.  This is a ruling on application dated 29th July 2019 seeking the following orders: -

i.KLS be appointed as legal guardian of the minor MK

ii.That the applicants be authorized to adopt the minor and henceforth be called MK

iii.That the child be presumed a Kenyan citizen at the time of birth

iv.That the registrar general makes appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor

2.  The Director of Children Services in the Ministry of Gender, Children and Social Development conducted investigations as to the suitability of the applicants to adopt the minor and submitted report dated 29th June 2020. The County Director of Children Services found that the applicants meet the legal requirement to adopt the minor and that the adoption will be in the best interest of the child.

3. I have also perused and considered report by Kenya Children’s Home Adoption Society. The society found that the applicants are suitable to adopt the minor and forwarded documents declaring the child free for adoption by Agency’s Case Committee sitting of 21st January 2015. A freeing certificate serial number 1196 was issued in compliance with Section 177 (7) (b) and 156 (1) of the children’s Act 2001.

4.  I have considered the two reports filed and find the applicants suitable to adopt the child MK. It will be in the best interest of the minor to allow the application herein.

5.  FINAL ORDERS

1.   I hereby authorized the applicant to adopt the minor and henceforth be called MK

2.   The child is presumed a Kenyan citizen at the time of birth.

3.   The registrar general is hereby directed to make appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor.

Ruling dated, signed and delivered via zoom at Nakuru

This 22nd day of July, 2020

……………………

RACHEL NGETICH

JUDGE

In the presence of:

Jeniffer - Court Assistant

Mrs Gathecha counsel for the Applicants