Case Metadata |
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| Case Number: | Adoption Cause 1 of 2018 |
|---|---|
| Parties: | In re M F(Baby) |
| Date Delivered: | 28 Nov 2018 |
| Case Class: | Civil |
| Court: | High Court at Kitui |
| Case Action: | Judgment |
| Judge(s): | Lilian Nabwire Mutende |
| Citation: | In re M F (Baby) [2018] eKLR |
| Court Division: | Family |
| County: | Kitui |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 1 OF 2018
IN THE MATTER OF BABY M F
ON APPLICATION FOR AN ADOPTION ORDER
AND
IKM)
JKN)..................................................APPLICANTS
J U D G M E N T
1. IKM and JKN approached this Court by way of Originating Summons seeking to adopt Baby MF to be known as MMK and to have SMM appointed the Legal Guardian of the child.
2. The Applicants, a soldier and teacher respectively are Kenyan Citizens above the age of 21 years and below the age of 65 years.
3. The subject child was abandoned by his mother at a day care centre in Ichunga on the 6th day of August, 2015. On the 8th August, 2015, the proprietor of the Bee Bob Baby Care Centre reported the case to the Equator Police Base a report that was booked in OB No. 2 of the 9th day of August, 2015. Subsequently, the child was admitted at Neema House IRC. He was presented before the Chief Magistrate’s Court, Nanyuki which committed him to the same home where he stayed for three (3) years prior to being declared free for adoption per Certificate No. 001755 dated the 29th day of July, 2016 issued by the Little Angles Network Adoption Society.
4. The case was investigated by the children services. Per the report filed by Francis Kariuki the Sub-County Children’s Officer, Masinga observed that the prospective adoptive parents (Applicants) have bonded with the child. They are financially stable, responsible and religious. He recommended that the Applicants were well suited for adoption.
5. This is a child who was abandoned therefore the consent of his mother is dispensed with. The child was abandoned, it will be in his best interest to be provided with a home. In the premises I allow the application and grant orders thus:
(i) The Applicants be and are hereby authorized to adopt Baby MF who shall henceforth be known as MMK.
(ii) SMM is appointed as the Legal Guardian.
(iii) The Registrar General shall enter the Adoption Order in the Adoption Register.
(iv) The Guardian ad litem is hereby discharged.
6. It is so ordered.
Dated, Signed and Delivered at Kitui this 28th day of November, 2018.
L. N. MUTENDE
JUDGE
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