REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ADOPTION CAUSE NO. 6 OF 2018 IN THE MATTER OF BABY W ON APPLICATION FOR AN ADOPTION ORDER AND BKM) PNW).........................................APPLICANTS JUDGMENT 1. By way of Originating Summons, the Applicants herein seek to adopt Baby W to be known as JMK. The Applicants are residents of Kitui County Kenya, both adults below the age of 65 years who profess the Christian religion and have not been blessed with any children. Their health is stable despite the second Applicant having undergone a surgery procedure following an ectopic pregnancy. Both Applicants who are pastors are financially stable therefore capable of taking care of the child. 2. The child herein was presumably born on the 26th December, 2014 at Thika Township. His mother requested a security guard, EA at Thika Level 5 Hospital to hold for her the child so as to ease herself at the washroom but she never returned. The matter was reported to Thika Police Station and recorded in O.B. No. [xxxx]. Subsequently, the child was committed to Thomas Barnado House on 7th May, 2015 and on 8th May, 2015 the Thika Children Court through Protection and Care Case No. 84/2015 committed him to the home. 3. On the 19th April, 2017, the child was declared free for adoption pursuant to a Certificate No.[xxx ]. On the 24th May, 2017 he was placed with the Applicants for purposes of fostering. JWM who was appointed as a guardian ad litem filed a report confirming the Applicants’ ability to raise the child, having bonded with him in an exemplary manner. A report prepared by Mrs. Jacinta Mwinzi, the Children Officer Kitui County for the Director, Children Services recommends the Applicants being considered as adoptive parents as they have proved capable to adequately provide for the child. 4. From the foregoing, it is apparent that adoption requirements for local adoption pursuant to the Children Act have been fulfilled. The Applicants having bonded with the child and are capable of providing for him are qualified to care for him, thus will be in his best interest. 5. Investigations carried out failed to establish the whereabouts of the child’s biological mother. Having abandoned him, the consent of his biological parents is dispensed with in accordance with Section 159(1) of the Children Act, 2001. 6. In the result, the Application is allowed and I proceed to grant orders as follows: (i) The Applicants are hereby allowed to adopt Baby W who shall henceforth be known as JMK whose date of birth shall be 26th December, 2014. (ii) AWM is hereby appointed as his legal guardian. (iii) The Registrar General shall enter this Adoption Order in the Adopted Children Register. (iv) The Guardian ad litem is hereby discharged. 7. It is so ordered. Dated, Signed and Delivered at Kitui this 16th day of July, 2019. L. N. MUTENDE JUDGE
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