IN THE MATTER OF BABY M (THE CHILD) [2012] KEHC 23 (KLR)

REPUBLIC OF KENYA

High Court at Machakos

Adoption Cause 8 of 2012

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IN THE MATTER OF BABY M (THE CHILD)

AND ON THE APPLICATION FOR AN ADOPTION ORDER BY

1. JKK

2. PKM ……………………………………………… APPLICANTS

R U L I N G

Before me is an Originating Summons dated 29th June 2012 filed by two applicants JKK and PKM, a wife and husband, for the adoption of Baby M. The application was filed under sections 154, 157, 159, 160, 163, 164 and 170 of the Children Act No. 8 of 2001, and section 24 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya).

On 17th July 2012, a guardian ad litem MK was appointed.

The child was an abandoned male child, who was found abandoned in Kiambu in 2007. He was born in 2007. The child was committed by court to the Nest Children Home on application by the Children Officer atKiambu. Biological parents have not been traced. The child was declared free for adoption by Kenya Christian Homes, a registered adoption society. The child has been in the custody and care of the applicants since the year 2010.

The Director of Children has filed a report and recommended that the adoption be granted.

On my part, considering the facts and circumstances of the matter, I am of the view that the adoption will be in the best interests of the child as envisaged under the Children Act and the Kenya Constitution 2010. It will give this otherwise abandoned child an opportunity to live and be brought up in a family with love and guidance. I will grant the adoption, as the applicants are qualified and resident Kenya Citizens. Consequently, I allow the application and order as follows:-

1. The applicants be and are hereby authorized to adopt Baby M to be known asBaby MK

2. The consent of the biological parents is herewith dispensed with.

3. The Registrar General is directed to enter this adoption in the adopted children’s register in the prescribed manner.

Dated and delivered at Machakos this 18thday of   December  2012.

George Dulu

Judge

In presence of:-

Ms. Ngatia holding brief for Ms. Kalinga for Applicant

Mutinda – Court clerk

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