In re PM (Baby) [2019] KEHC 10014 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 4 OF 2018

IN THE MATTER OF BABY PM

ON APPLICATION FOR AN ADOPTION ORDER

AND

JNK

PMN  )..................................................APPLICANTS

J U D G M E N T

1. The Applicants herein, adults above the age of 21 yearsbut below the age of 65 yearsare Kenyan Nationals, a Civil Servant and Business Woman, respectively, who solemnized their marriage under the Marriage Actseek to adopt Baby PMto be known as CMN,and DMKto be appointed as his Legal Guardian.

2. The subject child who is presumed to have been born on the 18th January, 2015in Nanyuki.The child was rescued from her mother who was suspected to be mentally challenged and admitted to Neema House IRCon the 31st July, 2015for care and protection.  The case was booked in Occurrence Book No. 53/31/17/2015, Nanyuki Police Stationand thereafter committed by the Children Court, Nanyuki.

3. The child was declared free for adoption and a Certificate No. [...]issued by the Little Angels Network.Subsequently, the child was placed under the care of the prospective Adoptive Parents on the 3rdday of July, 2017for fostering.  A report filed by Francis Katikuof Children Services following social inquiry carried out shows that the Applicants have bonded well with the child.  That they are emotionally and financially stable therefore are capable of providing the child with all basic requirements.  It was his recommendation that it will be in the best interest of the child for him to be adopted by the Applicants.

4. It has been demonstrated that after the child was abandoned an advertisement was placed in the daily newspaper of 2nd March, 2016 for the child.  But, nobody came forward to claim him.  In the premises, the consent of the child’s biological parents is dispensed with.  The child and the prospective adoptive parents’ assessment by the Adoption Society is positive.  Therefore I am satisfied that it is in the best interest of the child to be adopted.

5. In the premises I make orders thus:

i. The Applicants, JNKand PMNbe and are hereby authorized to adopt Baby PMwho shall henceforth be known as CMN.

ii. DMKis hereby appointed as the Legal Guardian of the child.

iii. The child’s date of birth shall be the 18th July, 2015and be presumed to be a Kenyan Citizen.

iv. The Registrar General is directed to make an entry into the Adopted Children’s Register.

v. The Guardian ad litem is hereby discharged.

6. It is so ordered.

Dated, Signedand Deliveredat Kituithis 29thday of January,2019.

L. N. MUTENDE

JUDGE