In re of JM(Child) [2022] KEHC 1658 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

(CORAM: CHERERE-J)

ADOPTION CAUSE NO. E008OF 2021

IN THE MATTER OF ADOPTON OF JM.............................................CHILD

AND

IN THE MATTER OF APPLICATION BY JMM & CMM......APPLICANTS

RULING

1. The Applicants JMMandCMM who are husband and wife are husband and wife were born and raised in Kenya and currently live and work for gain in Chicago Illinois in the United States of America. CMM and the guardian RNM are sisters of the child’s mother NKM (deceased) and therefore maternal aunts to the child.

2. The child JM who is about 17 years was born on 09th April, 2005. Following the child’s mother’s death in the year 2020, the child is an orphan. The Applicants who have been supporting the child have applied to this court to be allowed to adopt him.

3. Prior to the hearing of the adoption, CHANGE TRUST, an Adoption Society, prepared a report dated 05th November, 2021 declaring the Child free for adoption.

4. The Children’s Officer, Sub-County Children Office, Imenti North, Meru County has by a report dated 03rd March, 2022 filed on 04th March, 2022 approved the adoption and recommends that RNM, be appointed guardian for the Child.

5. The Applicant’s two children RMandSM have no objection to their cousin being adopted by their parents.

6. I have evaluated the facts of this adoption. I had a chance to see the Applicants relate with the Child and I came to a conclusion that the Child has found a loving family with the Applicants.

7.  It is evident that the Applicants have fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological mother of the Child was not available since she is deceased

8. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the Child.

9. This court formed the opinion that it would be in the best interest of the Child to be adopted by the Applicants. I allow the application for adoption.

10.  RNM, an aunt to the Child is appointed guardian for the Child.

11. It is therefore hereby ordered that:

i. Applicants JMM and CMM shall adopt JM (the Child).

ii. The child JM shall adopt the name JMM

iii. I direct the Registrar General to enter this order in the adoption register.

iv. It is so ordered.

DELIVERED AT MERU THIS 8TH DAY OF MARCH,2022

T.W. CHERERE

JUDGE

Appearances

Court Assistant      - Kinoti

Applicants              - Present

For the Applicants   - Mr. Kaume Advocate