In re M P(Baby) [2017] KEHC 6457 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

ADOPTION CAUSE NO. 4 OF 2015

IN THE MATTER OF BABY M P..........................................INFANT

AND

D M M

B W G.......................................................................APPLICANTS

RULING

1. The application is brought by way of an Originating Summons and is dated the 29TH day of January, 2015. The applicants seek the following Orders;

a. That J M M be appointed as guardian ad litem herein;

b. That the applicants D M MandB W G be authorized to adopt baby M P.

a. That the Honourable Court dispenses with the biological mothers’ consent as the baby had been abandoned; and attempts and efforts to trace the parents or relatives of the child have been without success.

2. The baby M P was found abandoned by the mother at Kiambu District Hospital and the case was reported at Kiambu Police Station and an entry was noted in the Occurrence Book as O.B NO.12/13/03/2011.

3. On the 04/04/2011 the Senior Principal Magistrate Court at Kiambu committed babyM P to the institution known as Hope House Babies Home for protection and care under Protection and Care Case Number 21/2011 and he was declared free for adoption under Section 156 of the Children's Act and a freeing Certificate Serial Number [particulars withheld] was issued by the Child Welfare Society of Kenya.

4. The Guardian Ad LitemJ M M was appointed on the 11th July, 2016and the County Director of Children's Services after visiting and interrogating the applicants filed a favourable report in court on the 3rd September, 2014 on the applicants’ suitability to adopt baby M P.

5. After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered it is noted that; the applicants got married in 1989 under Kikuyu Customary Law and have annexed an Affidavit of Marriage dated the 16th November, 2009 to the application; their ages are50 and 45years respectively and therefore their ages fall within the prescribed parameters; their Certificates of Good Conduct are current and valid and their annexed bank statements establishes their financial standing and suitability.

6. Also upon observing the applicants with the child at the hearing hereof I noted the existence of an emotional bonding; the child appears to be happy, healthy and well taken care of.

7.  For the reasons stated above this court is satisfied that the applicants are suitable persons to adopt Baby M P; and that they have the resources to provide and take care of baby M P.

DETERMINATION

8. The application for the adoption of baby M P is hereby allowed; the applicants are hereby allowed to adopt baby M P; he shall be known as M P M.

9. 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 P M.

10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal  Guardian until baby M P Mattains the age of majority of eighteen (18) years.

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this 16th day of March, 2017

HON.A.MSHILA

JUDGE