IN THE MATTER OF BABY C. L. [2012] KEHC 2716 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
ADOPTION CAUSE 13 OF 2011
IN THE MATTER OF BABY C. L.
ON APPLICATION FOR AN ADOPTION ORDER
R U L I N G
Before me is an Originating Summons dated 5th July 2011 for the adoption of a child, CL. The applicants are a husband and wife OMI and GN. On 5th December 2011, JNN, was appointed guardian ad litem.
The child is a male child, who was abandoned. The matter was handled by Embakasi Police Station. The child was put under the custody and care of the applicants in December 2008 from Thomas Barnados home. The child was declared free for adoption by Kenya Christian Homes an adoption society. They issued a certificate on 24th October 2008.
The Director of Children Services through the District Children Officer Kibwezi filed their report dated 15th March 2012. They recommend the adoption, as it is in the best interests of the child.
On my part, I have perused the documents filed. The child is an abandoned child. The applicants are Kenya citizens living in Kenya. The official reports recommend the adoption. The applicants are ready and able to take adopt the child. In my view, the adoption will give this otherwise abandoned child an opportunity to be brought up in a family with parental care and guidance. I will allow the application.
Consequently, I allow the application and order as follows:
1. That the applicants be and are hereby authorized to adopt baby CL and the baby be known as MSM.
2. That the consent of the biological parents is hereby dispensed with.
3. That DKI be and is hereby appointed the legal guardian of the child.
4. That it is hereby directed that the Registrar General shall make in the adopted Children’s Register an entry recording the adoption in the prescribed manner.
It is so ordered.
Dated and delivered this 27thday ofJune 2012.
………………………………………
George Dulu
Judge
In the presence of:
Nyalo – Court clerk
Mrs Mutua for Applicants
Applicants present