[2016] KEHC 483 (KLR)
The court declined to grant the adoption orders sought because the applicant failed to provide documentary evidence to prove that the two names referred to the same person, namely his deceased former wife. The court held that a mere assertion on oath by the applicant, without supporting documents, was insufficient...
Source-derived case information.
- Citation
- [2016] KEHC 483 (KLR)
- Parties
- Applicant: A J A O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 276 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Application for Adoption Orders
- Outcome
- Application for adoption orders deferred; orders not granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Identity Verification, Documentary Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A J A O
Applicant
Procedural Posture
Adoption Cause / Ruling on Application for Adoption Orders
Legal Issues
- 1 Whether the applicant has provided sufficient proof that the two names refer to the same person for purposes of the adoption application.
- 2 Whether the court should grant the adoption orders sought in the absence of documentary evidence verifying the identity of the deceased wife.
Ratio Decidendi
The court declined to grant the adoption orders sought because the applicant failed to provide documentary evidence to prove that the two names referred to the same person, namely his deceased former wife. The court held that a mere assertion on oath by the applicant, without supporting documents, was insufficient to satisfy the legal requirement for proof of identity in adoption proceedings. The court emphasized that, had the affidavit been sworn by the woman in question, it might have been accepted at face value, but since it was not, corroborative evidence was necessary. As such, the court was not persuaded that the orders sought should be granted until adequate proof is provided.
Court Disposition
Application for adoption orders deferred; orders not granted.
Orders
- The court declines to grant the adoption orders sought until satisfactory proof is provided that the two names refer to the same person.
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. 276 OF 2015
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF D O A
RULING
1. In the judgment I delivered on 20th May 2016 I stated that I was unable to grant the orders sought in the Originating Summons dated 11th November 2015 until I was satisfied that particulars withheld eferred to the same person.
2. An affidavit has been lodged here, on 5th August 2016, sworn on even date, by the male applicant, A J A O, where he avers that the two names refer to his former wife, now deceased, and that she used the names inter-changeably during the course of the marriage.
3. I note that although the male applicant asserts that as a fact, he has not provided any proof. He has not attached any documents that would attest to that alleged fact. It is not enough for him to state so on oath, he ought to provide proof thereof. If the affidavit in question were to be of the woman in issue the court would be prepared to take the averments on their face value, but it is not.
4. I am not yet satisfied that particulars withheld refer to the same person. Consequently, I am not yet persuaded that I should grant the orders sought.
DATED, SIGNED and DELIVERED at NAIROBI this 9TH DAY OF DECEMBER, 2016.
W. MUSYOKA
JUDGE