REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUI ADOPTION CAUSE NO. 4 OF 2018 IN THE MATTER OF BABY PM ON APPLICATION FOR AN ADOPTION ORDER AND JNK PMN )..................................................APPLICANTS JUDGMENT 1. The Applicants herein, adults above the age of 21 years but below the age of 65 years are Kenyan Nationals, a Civil Servant and Business Woman, respectively, who solemnized their marriage under the Marriage Act seek to adopt Baby PM to be known as CMN, and DMK to be appointed as his Legal Guardian. 2. The subject child who is presumed to have been born on the 18th January, 2015 in Nanyuki. The child was rescued from her mother who was suspected to be mentally challenged and admitted to Neema House IRC on the 31st July, 2015 for care and protection. The case was booked in Occurrence Book No. 53/31/17/2015, Nanyuki Police Station and thereafter committed by the Children Court, Nanyuki. 3. The child was declared free for adoption and a Certificate No. [...] issued by the Little Angels Network. Subsequently, the child was placed under the care of the prospective Adoptive Parents on the 3rd day of July, 2017 for fostering. A report filed by Francis Katiku of Children Services following social inquiry carried out shows that the Applicants have bonded well with the child. That they are emotionally and financially stable therefore are capable of providing the child with all basic requirements. It was his recommendation that it will be in the best interest of the child for him to be adopted by the Applicants. 4. It has been demonstrated that after the child was abandoned an advertisement was placed in the daily newspaper of 2nd March, 2016 for the child. But, nobody came forward to claim him. In the premises, the consent of the child’s biological parents is dispensed with. The child and the prospective adoptive parents’ assessment by the Adoption Society is positive. Therefore I am satisfied that it is in the best interest of the child to be adopted. 5. In the premises I make orders thus: i. The Applicants, JNK and PMN be and are hereby authorized to adopt Baby PM who shall henceforth be known as CMN. ii. DMK is hereby appointed as the Legal Guardian of the child. iii. The child’s date of birth shall be the 18th July, 2015 and be presumed to be a Kenyan Citizen. iv. The Registrar General is directed to make an entry into the Adopted Children’s Register. v. The Guardian ad litem is hereby discharged. 6. It is so ordered. Dated, Signed and Delivered at Kitui this 29th day of January, 2019. L. N. MUTENDE JUDGE
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