[2024] KEHC 14160 (KLR)
The court found that the omission of the adoptive name in the original adoption order was inadvertent and that rectification was necessary to enable the minor to be registered with the Registrar of Births and to obtain a birth certificate. No prejudice would be occasioned by the substitution, and it was in the best...
Source-derived case information.
- Citation
- [2024] KEHC 14160 (KLR)
- Parties
- Applicant: Immaculate Adhiambo Odek
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Application for Review and Rectification of Adoption Order
- Outcome
- Application for review and rectification of adoption order allowed.
- Judges
- RE Aburili
- Legal Topics
- Adoption Order Rectification, Minor Name Change, Registration of Birth, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Immaculate Adhiambo Odek
Applicant
Procedural Posture
Adoption Cause / Ruling on Application for Review and Rectification of Adoption Order
Legal Issues
- 1 Whether the adoption order should be reviewed to substitute the minor's name with the adoptive name.
- 2 Whether the rectification of the adoption order is necessary for registration of the child with the Registrar of Births.
Ratio Decidendi
The court found that the omission of the adoptive name in the original adoption order was inadvertent and that rectification was necessary to enable the minor to be registered with the Registrar of Births and to obtain a birth certificate. No prejudice would be occasioned by the substitution, and it was in the best interests of the child to have the adoptive name reflected in the official records. The application for review and rectification was therefore allowed, and the adoption order was amended to substitute the minor's name with Faustine Clementine Hawi.
Court Disposition
Application for review and rectification of adoption order allowed.
Orders
- The name of the adopted minor J. N. is substituted with Faustine Clementine Hawi (F.C.H).
- The amended name shall be listed in the Adoption Register and registered in the Register of Births for purposes of a birth certificate.
Full Case Text
Judgment text and source record
24 paragraphs
In re Adoption of Abandoned Baby Girl alias Ukown Girl alias JN Minor (Adoption Cause E002 of 2024) [2024] KEHC 14160 (KLR) (13 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14160 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E002 of 2024
RE Aburili, J
November 13, 2024
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF ABANDONED BAY GIRL alias UNKNOWN GIRL alias JN - MINOR
In the matter of
Immaculate Adhiambo Odek
Applicant
Ruling
1. I have perused the application dated 12th November 2024 under certificate of urgency. I have also consulted Hon. M. S. Shariff J who handled this matter and closed it after issuing orders of Adoption.
2. The learned Judge has consented, in a phone conversation, that as I am the duty Judge, while she is on leave, I can proceed and consider the application as presented.
3. Accordingly, I certify the application dated 12th November 2024 as urgent.
4. On the prayers sought, I observe that on 22nd October 2024 the learned Judge issued adoption orders of the child alias J. N to the applicant I.A.O.
5. The application dated 12th November 2024 seeks for review of the adoption order to include the Adoptive name and have the initial name substituted thus, instead of J. N, the child should be known as Faustine Clementine Hawi.
6. The substitution is necessary to enable the child be registered with the Registrar of Births.
7. As no prejudice will be occasioned and as it is necessary for the child to acquire the adoptive name presented to court which name was inadvertently omitted from the Adoption order issued on 22nd October, 2024, I hereby allow the application dated 12th November 2024 and order that the name of the adopted minor J. N. shall be substituted with Faustine Clementine Hawi (F.C.H), which name shall be listed in the Adoption Register and registered in the Register of Births for purposes of a Birth Certificate to be issued to her.
8. Accordingly, the Adoption order issued on 22nd October 2024 is hereby rectified and amended substituting the name of the Adopted Minor J. N. with Faustine Clementine Hawi.
9. An amended Adoption Order to issue with the substituted names.
10. This Ruling to be typed and uploaded.
11. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE