In re of F (Baby) [2018] KEHC 6653 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 3 OF 2016

IN THE MATTER OF BABY F

AND

ON APPLICATION FOR AN ADOPTION ORDER

P M M    )

M M M   )..........APPLICANTS

R U L I N G

1. P M Mand M M Mthe Applicants approached the Court by way of Originating Summons seeking to adopt Baby Fto be known as F K Ma child who was abandoned on 24th January, 2014at the house of one A Ma resident of Mlolongo Market.A report was made to the police and the child admitted at Thomas Bernado Houseon 25th January, 2014following a Court order.  On 21st January, 2015the child was declared free for adoption by a Certificate No. [particulars withheld].

2. The Applicants are adults below the age of 65 years old, who are financially stable.  They are a Pastor and shopkeeper respectively and married.  The brother of the male Applicant R M Zhas consented to be a legal guardian of the child.

3. The guardian ad litemof the child filed a report expressing her confidence in the Applicants as persons who will provide the child with care and love.

4. The Director of Children Services investigated the case and found the Applicants with the ability to assume parental responsibility of the child as they proved to be capable of providing adequately for the child.

5. Having considered reports filed herein and the fact that the consent of the biological parent is not necessary in the instant case, I allow the application and make orders thus:

i. The Applicants are hereby authorized to adopt Baby Fwho shall henceforth be known as F K M.

ii. R M Z be and is hereby appointed as the legal guardian of the child.

iii. The Registrar General shall enter the child’s name in the Adoption Register and he shall be considered a Kenyan Citizen.

iv. The guardian ad litemis hereby discharged.

6. It is so ordered.

Dated, Signedand Deliveredat Kituithis 19thday of April,2018.

L. N. MUTENDE

JUDGE