High Court 1714 of 2015

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 84 OF 2008 (O.S.) IN THE MATTER OF BABY R M (NOW KNOWN AS N M M) BY IN THE MATTER OF THE CONSTITUTION OF KENYA ARTICLE 14(4) AND S K N…………………………………………APPLICANT RULING 1. The Applicant S K, has brought a chamber summons under Section 3A of the Civil Procedure Act, the Constitution of Kenya Article 14(4) for orders that: i. Baby N M M the child subject matter of this cause be presumed to be a Kenyan citizen by birth. ii. The Director of Immigration be authorised to issue the child with a Kenya passport. iii. The court be pleased to make any further orders it deems necessary. 2. The application is based on grounds that the child was found abandoned in Kenyatta National Hospital in Nairobi. The Applicant who is a Kenyan Citizen filed and obtained adoption orders for the child in 2009. The Ministry of Immigration has directed that the child will only be issued with a Kenyan passport after being declared a Kenyan citizen by birth. At the time the adoption cause was determined the court was not issuing such a declaration because it was not a requirement as is the norm now. It is stated that such declaration will be in the best interest of the child. 3. I have perused the record and note that on 4 th December 2009, the Applicant came before Nambuye, J as she then was, seeking orders in terms of prayer 2, 3, 4 and 5 respectively of the Originating Summons dated 17th July 2008 and filed in court on 29th July 2008. The orders sought were as follows: i. That the Applicant S K N be authorised to adopt R M (an infant). ii. That should the adoption order be given the infant be known as N M M. iii. That the consent of the biological parents of the infant be dispensed with.

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