In re of baby JM a.k.a. LKT [2015] KEHC 2448 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NO. 27 OF 2013

IN THE MATTER OF BABY JM A.K.A.

LKT...................................................................INFANT

AND

SKT

LCT........................................................APPLICANTS

RULING

The Application is brought by way of Originating Summons and is dated the 6th day of September, 2013. The Applicants SKT and LCT seek the following orders;

(a)That PKK be appointed guardian ad litem of Baby JM;

(b) That the County Director of Children’s Services,in the Ministry of Gender, Children and Social Development be  directed to conduct investigations as to the suitability of  the Applicants to adopt Baby JM and submit a report on his findings to court;

(c)   That the Applicants be authorized to adopt the baby JM   and he henceforth be called LKT;  (d)    That the Registrar-General do make the appropriate  entries in the adopted children's register in respect of  (MINOR) LKT;

(e)   That the court do issue such other orders as may be necessary in the best interest of the child.

(f)   That the costs be in the cause.

The Baby JM was presumed born on 18th August, 2006 at Naivasha District Hospital where he was abandoned.  On 21st August, 2006 a report on the the infant was made at Naivasha Police Station, and an entry number OB        24/24/7/08 was  made in the Occurrence Book. On the 1st day of  November, 2006, through the Senior Resident Magistrate Children's Court, Nakuru, the Baby JM was committed to the same institution and vide Care         andProtection Case No.506 of 2006 and he was declared free for adoption on the 17th September, 2008 under Section 159(1)of the Children Actand Freeing Certificate Serial Number 507 was issued by the Kenya    Children's Homes Adoption Society.  He was then committed to AGC   N Baby Centre at Nakuru on the 5th October, 2006 for care and protection.

On 15th day of May, 2014, PKK was appointed guardian ad litem of Baby JM. County District Children's Services and the personnel after visiting and  interrogating the Applicants filed a favourable report in court on the 6th         day of August, 2014 on the Applicants' suitability to adopt Baby JM.

Upon reading the above report and satisfying myself that all the legal  requirements have been adhered to, this court is satisfied that the applicants are suitable persons to adopt Baby JM and that they are also financially stable and have the means to provide and care for him.

The application for the adoption of Baby JM is hereby allowed.

The applicants are hereby allowed to adopt Baby JM. He shall be known as LKT.

The Registrar General is hereby directed to enter this adoption order  in the  Adoption Register.

The Registrar of Births and Deaths is hereby directed to issue a  Certificate of Birth in the name of LKT.

The Guardian ad Litem is hereby discharged and he is hereby appointed Legal Guardian until Baby JM attains the age of eighteen   (18) years and in case of any eventualities that may befall the applicants.

Orders Accordingly.

Dated, Signed and Delivered at Nakuru this 2nd day of July, 2015

A. MSHILA

JUDGE