[2021] KEHC 12724 (KLR)
The court has not yet delivered a final decision but has identified a procedural irregularity: Baby B. was placed with the applicants before being declared free for adoption, contrary to the requirements of the Children Act. The court requires an explanation from the Child Welfare Society of Kenya, specifically from...
Source-derived case information.
- Citation
- [2021] KEHC 12724 (KLR)
- Parties
- Applicant: JND; Applicant: WM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 70 of 2015
- Procedural Posture
- Adoption Cause / Pre Judgment Directions
- Outcome
- directions issued; matter stood over for mention
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Children Act Compliance, Child Welfare Agency Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JND
Applicant
WM
Applicant
Procedural Posture
Adoption Cause / Pre Judgment Directions
Legal Issues
- 1 Whether the placement of Baby B. with the applicants prior to declaration of freedom for adoption was lawful.
- 2 Whether the Child Welfare Society of Kenya complied with statutory requirements under the Children Act regarding placement.
Ratio Decidendi
The court has not yet delivered a final decision but has identified a procedural irregularity: Baby B. was placed with the applicants before being declared free for adoption, contrary to the requirements of the Children Act. The court requires an explanation from the Child Welfare Society of Kenya, specifically from its Chief Executive Officer, as to why this occurred. The explanation is to be provided by affidavit within 14 days, after which the court will issue further directions. This step is necessary to ensure compliance with statutory safeguards in adoption proceedings and to uphold the best interests of the child.
Court Disposition
directions issued; matter stood over for mention
Orders
- The Child Welfare Society of Kenya shall explain by affidavit, sworn by its Chief Executive Officer, why Baby B. was placed with the applicants prior to being declared free for adoption.
- The affidavit shall be filed within 14 days from 18th March 2021.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 70 OF 2015 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY B. (MINOR)
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
JND.............................................................................1ST APPLICANT
WM..............................................................................2ND APPLICANT
DIRECTIONS
1. Before I prepare and deliver a judgment in this adoption cause, I direct the Child Welfare Society of Kenya to explain why Baby B. was on 22nd February 2013 placed into the care of the applicants NDJN and WM prior to it being declared free for adoption. The declaration was on 28th February 2017.
2. I seek this explanation under section 156 of the Children Act, No. 8 of 2001.
3. The explanation should be by way of an affidavit sworn by the Chief Executive Officer of the Society, and filed within 14 days from today.
4. This matter shall be mentioned on 15th April 2021 for further directions.
DATED AND DELIVERED NAIROBI THIS 18TH DAY OF MARCH 2021.
A.O. MUCHELULE
JUDGE