[2019] KEHC 11003 (KLR)
The court determined that the application for adoption was premature due to several factors: the applicant is a foreigner and there is a moratorium on foreign adoptions; the biological parents of the minor are still married and have not divorced; and the relationship between the applicant and the child's mother is...
Source-derived case information.
- Citation
- [2019] KEHC 11003 (KLR)
- Parties
- Applicant: CMR
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 137 of 2018
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption and Appointment of Guardian Ad Litem
- Outcome
- Application held in abeyance; liberty to apply granted.
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Foreign Adoption, Best Interests of Child, Consent Requirements
- 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
CMR
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption and Appointment of Guardian Ad Litem
Legal Issues
- 1 Whether the adoption of the minor by the applicant, a foreigner, should be allowed under the current circumstances.
- 2 Whether the adoption is in the best interests of the child given the marital status of the biological parents and the relationship between the applicant and the child's mother.
- 3 Whether the moratorium on foreign adoptions affects the application.
Ratio Decidendi
The court determined that the application for adoption was premature due to several factors: the applicant is a foreigner and there is a moratorium on foreign adoptions; the biological parents of the minor are still married and have not divorced; and the relationship between the applicant and the child's mother is not clearly defined. The court was not persuaded that the adoption at this stage would serve the best interests of the child. Consequently, the matter was held in abeyance to allow for the resolution of the parents' marital status and clarification of the relationship between the applicant and the child's mother. The applicant was granted liberty to move the court again should...
Court Disposition
Application held in abeyance; liberty to apply granted.
Orders
- The matter is held in abeyance to allow for the parents' divorce and possible marriage between the minor's mother and the applicant.
- The applicant is at liberty to move the court at an appropriate time when circumstances change.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 137 OF 2018 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF HWM (MINOR)
BY
CMR(APPLICANT)
RULING
1. The ApplicantCMR moved this court by way of an Originating Summons dated
21st August 2018 seeking for adoption of the minor named herein. In an application dated the same day he has sought for the appointment of guardian ad litem.
2. Before allowing any adoption that court would require the guardian ad litemas appointed by court and the department children services to investigate and file reports with the court.
3. In my considered opinion the circumstances of this case require a different approach for the following reasons;
4. Though several consents have been filed including that of the child and his parents the court notes the following;
i. The applicant is a foreigner and based in Mali.
ii. There is a moratorium in place that has for now placed foreign adoptions in abeyance.
iii. The parents of the child remain married. And are yet to divorce.
iv. The mother of the child and the applicant are said to be in a relation which has not been clearly spelt out.
5. In my view things as they stand now do not augur well from the adoption of the minor as proposed. I am not persuaded either that adoption of the minor at this stage is to his best interest. The application appears premature. To allow for the parents’ divorce and marriage between the minor’s mother and the applicant I will hold this matter in abeyance.
6. The applicant be at liberty to move the court at an appropriate time when the circumstances change.
Dated and Delivered inNairobi this 7th day of February 2019
ALI-ARONI
JUDGE