[2017] KEHC 5721 (KLR)
The court declined to issue a final adoption order because the abandonment of the child was not reported to the regular police, and there was no evidence that the police had conducted thorough investigations and failed to trace the child's relatives. The court emphasized that an adoption order is final and...
Source-derived case information.
- Citation
- [2017] KEHC 5721 (KLR)
- Parties
- Applicant: D L M; Applicant: W W L
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 95 of 2016
- Procedural Posture
- Adoption Cause / Ruling on Sufficiency of Evidence Prior to Judgment
- Outcome
- Judgment deferred pending further evidence.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Abandonment, Police Investigation Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D L M
Applicant
W W L
Applicant
Procedural Posture
Adoption Cause / Ruling on Sufficiency of Evidence Prior to Judgment
Legal Issues
- 1 Whether the abandonment of the child was properly reported to the relevant police authorities.
- 2 Whether sufficient investigations were conducted by the police to trace the child's relatives before the adoption application can be granted.
- 3 Whether the applicants have satisfied the court that the child was truly abandoned and untraceable relatives.
Ratio Decidendi
The court declined to issue a final adoption order because the abandonment of the child was not reported to the regular police, and there was no evidence that the police had conducted thorough investigations and failed to trace the child's relatives. The court emphasized that an adoption order is final and irreversible, and thus, strict compliance with statutory requirements and investigative procedures is mandatory to protect the interests of the child and biological relatives. Until proof is provided that the police have conducted and exhausted all reasonable investigations, the court will not proceed to judgment.
Court Disposition
Judgment deferred pending further evidence.
Orders
- No judgment will be prepared until proof is provided that the police conducted investigations and were unable to trace the child's parents.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 95 OF 2016
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY L P
RULING
1. The applicants, D L M and W W L, are Kenyan citizens. They are a married couple. They seek to adopt Baby L P. Their Originating Summons is dated 13th July 2016. The matter was heard on 9th March 2017 and thereafter reserved for judgement.
2. In the course of preparing the judgement, it came to my notice that the abandonment of the child was never reported to the regular police, part of whose core duty is to conduct investigations. The report was made to the Administration Police. Ideally, the Administration Police should have handed over the matter to the Kenya Police. I have also noted that there is no final police record stating that the police had reached a point where they were no able to trace the relatives of the child.
3. I am reluctant to make final orders in the matter until I am satisfied that this matter was reported to the relevant police authorities, and that those authorities did conduct investigations, which did not bear any fruit. Indeed, before the child is cleared for adoption, it must be established beyond doubt that the parents and other immediate relatives of the child could not be traced. An adoption order is final and irreversible. It is imperative that the applicants must satisfy the court that the child had actually been abandoned and the police, whose duty it is to look into such matters, have been unable to trace the child’s relatives.
4. I shall not prepare judgement herein until there is proof that the police had carried out investigations, and were eventually unable to trace the parents of the child in question.
DATED, SIGNED and DELIVERED at NAIROBI this 19TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE