REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ADOPTION CAUSE NO. 8 OF 2018 IN THE MATTER OF BABY MK ON APPLICATION FOR AN ADOPTION ORDER PNK ) AMP )......................APPLICANTS JUDGMENT 1. By way of Originating Summons, the Applicants herein seek to adopt Baby MK, who shall be re-named MMP. The Applicants are inhabitants of Kitui County, Kenya. They contracted a monogamous marriage and were blessed with one issue of the marriage. They are adults below the age of 65 years and are in good health. 2. The child in issue is presumed to have been born on 25th December, 2016. He was found to have been abandoned at Kanjuku Area on the 16th April, 2017 by Margaret Nduta Ndungu, a good Samaritan, rescued and taken to Githunguri Police Station where the incident was reported in O.B. No. [xxxx]. 3. The minor was placed at Limuru Children Centre for care and protection and was admitted at the centre on 18th April, 2017. Thereafter Githunguri Children Court committed the child to the centre through Care and Protection Case No. [xxxx]. 4. On the 17th January, 2018 the child as declared free for adoption per Certificate No. [xxxx]. On the 14th May, 2018 he was placed with the Applicants for fostering. The Court appointed JMM as a guardian ad litem who filed a report in this respect. He found the Applicants capable of offering the child parental love, care and guidance therefore suitable to adopt the child. 5. A report filed by Mrs. Jacinta Mwinzi, Children Officer, Kitui for the Director Children Services is to the effect that the Applicants have the ability considered important to take up parental responsibility and custody of the child which is beneficial to the child. 6. Investigations conducted having established that the child was abandoned, the consent of his biological parents is dispensed with pursuant to Section 159(1) of the Children Act, 2001. 7. Therefore, the Application is allowed and I grant orders as follows: (i) The Applicants are authorized to adopt Baby MK who shall henceforth be known as MMP. (ii) CYK and WNY be and are hereby appointed as legal guardians of the child. (iii) The child shall be presumed to be a Kenyan Citizen who is entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Passport. (iv) The Registrar General shall make an entry in the Adopted Children Register. (v) The Guardian ad litem is hereby discharged. 8. It is so ordered. Dated, Signed and Delivered at Kitui this 16th day of July, 2019.
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L. N. MUTENDE JUDGE
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