[2013] KEHC 6301 (KLR)
The court found that the Child Welfare Society of Kenya was not licensed at the time it issued the freeing certificate for the child, rendering the current adoption proceedings incompetent. The law requires that only duly licensed adoption agencies may arrange adoptions and issue freeing certificates. As the...
Source-derived case information.
- Citation
- [2013] KEHC 6301 (KLR)
- Parties
- Applicant: P S H K; Applicant: J A M N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 159 of 2012
- Procedural Posture
- Adoption Cause / Interlocutory Ruling
- Outcome
- Proceedings held incompetent; applicants granted leave to regularize adoption process within thirty days.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Adoption Agency Licensing, Child Welfare, Residency Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P S H K
Applicant
J A M N
Applicant
Procedural Posture
Adoption Cause / Interlocutory Ruling
Legal Issues
- 1 Whether the adoption proceedings are competent given the adoption agency's expired licence.
- 2 What steps the applicants must take to regularize the adoption process.
Ratio Decidendi
The court found that the Child Welfare Society of Kenya was not licensed at the time it issued the freeing certificate for the child, rendering the current adoption proceedings incompetent. The law requires that only duly licensed adoption agencies may arrange adoptions and issue freeing certificates. As the applicants relied on a certificate issued after the agency's licence had expired, the proceedings could not continue in their current form. The court, however, provided the applicants with an opportunity to regularize the process by engaging a properly licensed adoption agency to issue a fresh freeing certificate and arrange the adoption in compliance with statutory requirements.
Court Disposition
Proceedings held incompetent; applicants granted leave to regularize adoption process within thirty days.
Orders
- Applicants to engage a licensed adoption agency to issue a fresh freeing certificate and arrange the adoption.
- Matter to be mentioned after thirty days for further orders.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 159 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY B(minor)
RULING
P S H K and J A M N, are a Kenyan and Dutch nationals respectively. They seek to adopt a Kenyan child, known for the purposes of these proceedings as Baby B(minor). Their Originating Summons is dated 30th July 2012. This is residency adoption.
The proposed adoption in this case was arranged by the Child Welfare Society of Kenya, an adoption society. The child was freed by the society on 11th June 2012 for adoption purposes. The said society’s licence expired in March 2012. As at the time it issued the freeing certificate it was not licenced to arrange adoptions in Kenya. To that extent these proceedings are not competent
The way out for the applicants is to arrange to engage another adoption agency to issue a fresh freeing certificate and to generally arrange the proposed adoption for the applicants.
The applicants are granted thirty (30) days to sort out the matter. The case shall be mentioned after thirty (30) days for further orders.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF JULY, 2013.
W. M. MUSYOKA
JUDGE