NF v MKM [2005] KEHC 2727 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 222 OF 2004
IN THE MATTER OF NMM (AN INFANT) AND NF………………………....................................……………………..APPLICANT VERSUS MKM………………................................……………………………RESPONDENT
JUDGMENT
The Applicant in this
Ad from the record that the objection by the respondent, his cross-application, application for detailed accounts and reasonable prrn on 25th day of December 1999.
The 1st Applicant is the biological mother of the child and therefore this is an adoption within a family.
According to the report by the Director of Children’s Services, the biological father of this child has never shown any interest in the child nor has he ever featured in this life.
The Child Welfare Society of Kenya issued a declaration pursuant to the of the Children Act 2001, declaring the child free for adoption. The mother of the child, has also given her consent to this adoption.
The child has been in the custody of the two applicants since 1992, he is well adjusted and identifies positively with the 2nd Applicant with whom he relates to as the father and who has happily assumed the responsibilities of the father with remarkable seal.
I am in agreement with all the reports filed herein that the adoption order that is being sought in this matter will be in the best interest of the child.
The report by the Director of Children’s Services recommends this adoption so is that of the Guardian Ad Litem and the Child Welfare Socieity. I have also carefully considered all the material that was presented before me and given due attention to the provisions of the Children’s Act 2001 especially Part XII and I am satisfied that the Applicants have complied with all the requirements.
Accordingly I hereby grant the order sought and allow the Applicant to adopt the child who will henceforth be known a NFM.
It is so ordered.
Judgment read and signed on the 7th April 2005.
MARTHA KOOME
JUDGE