In re M M N (Baby) [2019] KEHC 4794 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 7 OF 2018

IN THE MATTER OF BABY MMN

ON APPLICATION FOR AN ADOPTION ORDER

AND

JMM)

HMM)................................................APPLICANTS

J U D G M E N T

1. By way of Originating Summons, the Applicants herein seek to adopt Baby MMNto be re-named MWM.The Applicants hail from [particulars withheld] County, Kenya,are below the age of 65 years, have not been blessed with any child and are of good health.

2. The child in issue was presumably born on the 13thday of April, 2017. He was found abandoned at Gathanga Trading Centreon 2nd May, 2017.  CWwho rescued him stayed with him until 5th May, 2017and reported the matter to Karuri Police Stationper the O.B. No. x/x/x/xxxx.

3. The minor was placed at Limuru Children Centreas a child in need of care and protection on the 5th May, 2017. Subsequently, Limuru Children Courtformally committed the child to the centre on the 10th May, 2017pursuant to Protection and Care Case No. 31 of 2017.

4. On the 21st February, 2018,the child was declared free for adoption per Certificate No. xxxx.On the 16th April, 2018the child was placed with the Applicants for purposes of fostering.  The Court appointed PNKas a guardian ad litem who filed a report stating that the Applicants have taken good care of the child.  They live in a good environment, are loving parents and the entire family has bonded with the child.

5. A report filed by Mrs. Jacinta Mwinzi,the Children Officer, Kitui County,for the Director of Children Services is to the effect that the Applicants have the ability considered important to take up parental responsibility which is to the benefit of the child.

6. From the foregoing, it is apparent that adoption requirements for local adoption pursuant to the Children Acthave been fulfilled.  The Applicants having bonded with the child and being qualified to provide and care for the child should be conferred with the adoption order.

7. Investigations carried out established that the child was abandoned therefore the consent of his biological parents is dispensed with pursuant to Section 159(1)of the Children Act, 2001.

8. Consequently, the Application is allowed and I grant orders as follows:

(i) The Applicants are authorized to adopt Baby MMNwho shall henceforth be known as MWM.

(ii)  JNMand JNJbe and are hereby appointed as his legal guardians.

(iii)  The Registrar General shall enter this Adoption Order in the Adopted Children Register.

(iv) The child shall be presumed to be a Kenyan Citizen and as a consequence shall be entitled to the rights and benefits of the citizen including being issued with a Kenyan Passport.

(v) The Guardian ad litem is hereby discharged.

9. It is so ordered.

Dated, Signedand Deliveredat Kituithis 16thday of July,2019.

L. N. MUTENDE

JUDGE