JMK [2015] KEHC 2611 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NO. 15 OF 2013

IN THE MATTER OF BABY MV...................................................................INFANT

AND

JKN

JMK...............................................................................................APPLICANTS

RULING

The Application is brought by way of Originating Summons and is          dated the 12th day of February, 2013. The Applicants JKN and JMK seek the following orders;

(a) That this court give authority to adopt the baby SN(hereinafter referred to as Baby S).

(b)  That PKG be appointed guardian ad litem and;

(c)  That the County Director Children’s Services, Nakuru do prepare a Home Study Report on the suitability of the Applicants to adopt Baby S.

The Baby S was found abandoned at age ten (10) months  in Nakuru and was rescued and taken to Central Police Station, Nakuru and an entry number OB 86/7/8/2011 was made in the Occurrence Book. On the 29th day of December, 2010, through the    Senior Resident Magistrate Children's Court, Nakuru, the Baby SN was committed to the same institution under Care and Protection Order No.08 of 2011 and he was declared free for adoption on the 27th August, 2012 under Section 159(1)(a)(i) of the Children Act 2001     and freeing Certificate Serial Number 0206 was issued by the Child    Welfare Society of Kenya.

On the 18/9/2014 PKG was appointed the guardian ad litem and the County Director, Social Worker with Child Welfare Society after visiting and interrogating the Applicants filed a favourable report in court on the 3rd day of September, 2012 on the    Applicants suitability to adopt Baby SN.

Upon reading the above report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicants and that of the child at the hearing hereof this court is satisfied that the applicants are suitable persons to adopt Baby SN and that they are also financially stable and have the means to provide and care for him.

The application for the adoption of Baby SN is hereby allowed.

The applicants are hereby allowed to adopt Baby SN. He shall be known as SNK.

The Registrar General is hereby directed to enter this adoption order in the Adoption register.

The Registrar of Births and Deaths is hereby directed to issue a Certificate of Birth in the name of SNK.

The Guardian ad Litem is hereby discharged and he is hereby appointed Legal Guardian until Baby SN attains the age of eighteen (18) years in case of any eventualities that may befall the applicants.

Orders Accordingly.

Dated, Signed and Delivered at Nakuru this 5th day of June, 2015

A. MSHILA

JUDGE