[2012] KEHC 5385 (KLR)

Parties

Procedural Posture

Adoption Application / Judgment

Legal Issues

1. 1 Whether the applicants should be granted authority to adopt the minor H.M under Section 154 of the Children Act.
2. 2 Whether the absence of the biological father's consent due to his disappearance affects the adoption process.
3. 3 Whether the male applicant's failure to notify Canadian authorities and the uncertainty of Canadian citizenship for the child are material to the adoption decision.

Ratio Decidendi

The court determined that while the applicants have met several requirements for adoption under Kenyan law, material concerns remain unresolved. The male applicant, a Canadian citizen, failed to notify Canadian authorities of his intention to adopt, creating uncertainty about whether the adoption order would be recognized in Canada and whether the child would be granted Canadian citizenship or permanent residency. This uncertainty could have significant negative consequences for the child, including trauma from being treated differently from the applicants' other children. Additionally, the male applicant has not sufficiently bonded with the child. The court held that before granting the...

Court Disposition

Adoption order deferred pending compliance with conditions.

Orders

• Applicants to notify Canadian authorities of the intended adoption.
• Male applicant to provide evidence that the adoption order will be recognized by the Canadian Government and that Canadian citizenship or permanent residency will be extended to the child before the adoption order is granted.