[2016] KEHC 5251 (KLR)
The court held that, despite the absence of a report from the Director of Children Services and the death of the 2nd applicant, it is in the best interest of the child that the adoption application proceeds as filed. The court exercised its discretion under the Children Act and the Constitution, prioritizing the...
Source-derived case information.
- Citation
- [2016] KEHC 5251 (KLR)
- Parties
- Applicant: J K M; Applicant: E K K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 210 of 2013
- Procedural Posture
- Adoption Cause / Interlocutory Application Ruling
- Outcome
- Application to proceed with adoption in absence of deceased applicant allowed.
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Best Interests of Child, Death of Applicant, Children Act Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J K M
Applicant
E K K
Applicant
Procedural Posture
Adoption Cause / Interlocutory Application Ruling
Legal Issues
- 1 Whether the adoption application can proceed in the absence of the deceased 2nd applicant.
- 2 Whether it is in the best interest of the child to allow the application to proceed as filed.
Ratio Decidendi
The court held that, despite the absence of a report from the Director of Children Services and the death of the 2nd applicant, it is in the best interest of the child that the adoption application proceeds as filed. The court exercised its discretion under the Children Act and the Constitution, prioritizing the welfare of the child over procedural technicalities. The absence of the deceased applicant does not preclude the surviving applicant from continuing with the adoption process, especially where it is clear that the deceased was supportive of the adoption and the surviving applicant remains committed to the child's welfare.
Court Disposition
Application to proceed with adoption in absence of deceased applicant allowed.
Orders
- The applicant is allowed to proceed with the adoption application as filed, in the absence of the deceased 2nd applicant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 210 of 2013
IN THE MATTER OF THE CHILDREN ACT AND
IN THE MATTER OF BABY R ALIAS M W (INFANT)
J K M……………..……………………………....APPLICANT
RULING
J K the applicant in this matter has brought an application by way of Notice of Motion under Article 53 of the constitution, section 4, 154, 156, section 159 (1) section 159(4) and section 160 and all other enabling provision of the Children Act 2001, section 3A and 95 of the CPR. The applicant seeks to have the adoption application proceed as is before the court in the absence of the 2nd applicant E K K who has since passed on. From applicant’s affidavit the 2nd applicant now deceased passed on the 17/1/16. He states that his wife loved the minor dearly and that it is his desire that the process continues. I have read the report from the agency but note that there is no report from the director of children services now was there presentative in court however it is in the best interest of the child that this court allows the applicant to proceed with the application as is before the court in the absence of the applicant who has since passed on. Prayer no. 2 of the application dated the 29/2. 16 shall be dealt with at the hearing.
Dated signed and delivered this 8th Day ofApril 2016.
R. E. OUGO
JUDGE
In the Presence of:
……………………………….…………………….….…………..For the Applicant.
Charity Court Clerk.