In Re W (Baby) [2016] KEHC 5723 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

ADOPTION CAUSE NO. 8 OF 2012

IN THE MATTER OF BABY W.

D M O )

J K M)...............................APPLICANTS

JUDGMENT

1. This court has perused this file and notes that this is a matter which has gone to great lengths in terms of hearing and arguments raised by the applicants in support of their originating summons dated 18th October 2012.  Unfortunately, due to reasons which cannot be blamed on the applicants but the court, the matter has taken long to finalize.

2. During all that period and indeed from the year 2009 the child, Baby W. also known as A.M.M., has been living with the applicants and is with them today herein in court.  He is now a grown up child and from the observation of the court he is happy being with the applicants whom he looks up to  his parents.  And why not?  He has been with the applicants since he was an infant and for all practical papers they are his parents.

3. Having carefully considered the applicants’ application in the light of the evidence adduced in the court and all the relevant supporting documents from appropriate agencies responsible for welfare of children this court has no doubt that in the interest and welfare of the subject child the applicants ought to be allowed to take legal custody and care of the child and treat him as their own biological son.  They ought to be granted necessary legal authority to raise the child as their own.

4. Therefore, their present application is granted in terms of prayers 1A, 2, 3, 3A and 4of the amended originating summons dated 10th May 2013.

5. Accordingly, an adoption order respecting the child Baby W. or A.M.M, shall forthwith issue in favour of the two applicants D M OandJ K M.

W J M, is hereby appointed as a guardian of the child.

Ordered accordingly.

J.R. KARANJA

JUDGE

[Delivered and signed this 17th day of March 2016].