[2023] KEHC 17456 (KLR)

In re M alias MCS (Minor) (Adoption Cause E061 of 2021) [2023] KEHC 17456 (KLR) (Family) (13 April 2023) (Judgment)

Neutral citation: [2023] KEHC 17456 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E061 of 2021

DKN Magare, J

April 13, 2023

IN THE AMTTER OF THE CHILDREN’S ACT NO. 29 OF 2022 IN THE MATTER OF ADOPTION OF BABY M ALIAS MCS(MINOR) AND IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

In the matter of

IKS

1st Applicant

JAO

2nd Applicant

Judgment

1. This matter came up for hearing on April 11, 2023. The Applicants document requested that the same proceeds in one file and the evidence of E 061 of 2021 be adopted as E 060 of 2021.

2. The following documents and reports were produced.a.Certificate freeing summary minor for adoption by Buckner Kenya Adoption Service.b.Sealed Certificate No.xxx.c.Certificate of Registration to conduct local adoption.d.Relevant Certificate Report dated November 30, 2011 by the Department of Social Services.e.Guardian Ad litem Report.f.Report dated July 9, 2021.

3. The Application was made by 2 joint Applicants who are husband and wife. They also pray for the consent of the biological parents to be dispensed with.

4. The Applicants lawfully swore an affidavit dated September 20, 2021 on the affidavit of Mary Kamau Konji be adopted. On September 23, 2021 the Court granted Beatrice Atieno Oriedi to be the Guardian Ad Litem.

5. The Guardian Ad litem filed a favourable report. The guardian ad litem swore that the Applicants and the minor has bonded well and recommended the adoption.

6. The Applicants testified that they know that the adoption process, once concluded is irreversible The Guardian Ad litem of the minor herein her report.

7. The child was and still is free for adoption. There is no impediment to the adoption. All the relevant authorities and bodies have carried their investigations and are satisfied.

8. I am satisfied that from the reports the Applicants are suitable and the child is free for adoption and that the applicants are proper persons to adopt the minor herein. there is nothing impeding me from allowing the application.

9. The application meets the requirements of section 183 of the Children’s Act, No 29 of 2022. Further the Applicants are not disqualified by dint of section 186(2) and (4) of the Children’s Act.

Determination 10. The upshot is that the Court issues orders to the effect that the Amended Originating Summons dated September 20, 2021 is hereby allowed in the following terms.a.The 1st and 2nd Applicants be authorised to adopt the minor known as M now known as MCSb.The consent of the biological parents be dispensed with.c.MON jointly with VBO be appointed the Legal Guardian of the minor herein.d.The Registrar General to make the appropriate entries in the Children’s Register of Adoption.e.The director of immigration is authorised to issue the minor a Kenyan Passport.f.The Child to be presumed Kenyan and born in Nairobi.g.The child’s date of birth be declared to be September 23, 2023 and her place of birth be declared as the Nairobi in Lang’atah.The Guardian ad litem be and is hereby discharged.i.The Registrar General is hereby directed to enter this adoption in the register of Adoption and issue a birth certificate for the minor.j.The file is sealed and closed.

DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 13TH DAY OF APRIL, 2023. JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.HON. MR. JUSTICE DENNIS KIZITO MAGAREJUDGE OF THE HIGH COURT, NAIROBIIn the presence ofMiss Onyinkwa for the ApplicantSteve Buoro –Court Assistant.