IN THE MATTER OF B.O [2012] KEHC 653 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 189 of 2004

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IN THE MATTER OF THE CHILDREN ACT 2001

AND

IN THE MATTER OF B.O

ALSO KNOW AS

EKM (A MINOR)

AND

IN THE MATTER OF AN APPLCIATION FOR ADOPTION BY JMK AND RS

JUDGEMENT

JMKandRS, Applicants, seek authority under the provisions of the children Act, Cap 154, to adopt the child known asBO.

I have duly perused the application and the documents and reports furnished to the court and I am satisfied:-

(i)that the Applicants are qualified to adopt the child and

(ii)that the child has been freed for adoption.

(iii)that the provisions of the Children Act have been duly complied with.

(iv)that the adoption is in the best interest of the child who was found abandoned.

I observe that the guardian ad litem and the Director of Children’s Department and the concerned adoption society namely, Child Welfare Society of Kenya Adoption society all recommend the adoption.

I allow the application and grant, pursuant to Section 154 (1) of the Children Act, Cap 141, authority to the Applicants to adopt the child.

I accordingly make the following orders:

1. The consents of the biological parents of the child are hereby dispensed with.

2. The Applicants, JMKandRSarehereby authorized to adopt the child, namely,BO.

3. The said child shall henceforth be knownasEKM.

4. The date of birth of the child is{particulars withheld]

5. The Legal Guardian of the child shallbe thebrother to the 2nd ApplicantMS .

6. The Registrar General is hereby directed to enter this adoption in the Adopted Children Register.

For the avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents namelyJMKandRSasif the said child were their biological child and the child shall have the right to inherit the Applicants.

Dated at Milimani Law Courts, Nairobi this 8th dayof November 2012.

G.B.M. KARIUKI, SC

JUDGE

COUNSEL APPEARING

Mr. M.M. Nzavi Advocate for Applicants

Mr. Kugwa – court clerk