[2019] KEHC 10458 (KLR)
The court found that the record and supporting documentation clearly established that the child was found abandoned in Nakuru, and there was no basis for stating the place of birth as unknown or Kakamega County. The court held that it was an error to record otherwise in the adoption and birth certificates. In the...
Source-derived case information.
- Citation
- [2019] KEHC 10458 (KLR)
- Parties
- Applicant: JMW; Applicant: CMN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 47 of 2017
- Procedural Posture
- Adoption Cause / Ruling on Application for Review and Rectification of Adoption and Birth Records
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Rectification of Records, Birth Registration, Minor Child Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMW
Applicant
CMN
Applicant
Procedural Posture
Adoption Cause / Ruling on Application for Review and Rectification of Adoption and Birth Records
Legal Issues
- 1 Whether the court should review and amend its previous order to reflect the correct place of birth of the minor as Nakuru County.
- 2 Whether the adoption and birth certificates should be rectified to indicate Nakuru County as the place of birth.
Ratio Decidendi
The court found that the record and supporting documentation clearly established that the child was found abandoned in Nakuru, and there was no basis for stating the place of birth as unknown or Kakamega County. The court held that it was an error to record otherwise in the adoption and birth certificates. In the interest of justice and to ensure the accuracy of official records, the court allowed the application to review and amend its previous order and directed that the correct place of birth, Nakuru County, be entered in both the adoption and birth certificates.
Court Disposition
application allowed
Orders
- The order issued on 29th November, 2018 is reviewed and amended to reflect Nakuru County as the place of birth of the minor.
- The entries on the Certificate of Entry of Adoption and Birth Certificate shall be rectified to indicate Nakuru County as the place of birth.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NUMBER 47 OF 2017
IN THE MATTER OF BABY BW A.K.A. IWM
JMW)
CMN)......................APPLICANTS
RULING
1. The application before court is dated 23/1/2019. The prayers sought are;
1. THAT the application herein be certified urgent at first instance.
2. THAT the court be pleased to review and amend its order issued on 29th November, 2018 to have the place of birth of the minor read Nakuru County.
3. THAT the entries made on the Certificate of Entry of Adoption and Birth Certificate be rectified to have the place of birth as Nakuru County.
4. THAT costs of this application be in the cause.
2. The application is premised on eight (8) grounds namely;
a) THAT the minor needs the birth certificate to use in school.
b) THAT the adoption order was issued by this Honourable Court on the 29th November, 2018 indicating that the place of birth was unknown.
c) THAT the documents in support of the adoption application show that the minor was born in Nakuru.
d) THAT another error was made while issuing the birth certificate indicating that the minor was born in Kakamega County contrary to the order issued on 29th October, 2018.
e) THAT error apparent on the face of the record needs to be corrected to read that the minor was born in Nakuru.
f) THAT the adoption certificate and birth certificate stated that the minor was born in an unknown place and Kakamega County Hospital respectively and both documents need amendment.
g) THAT it is in the interest of justice that this Honourable Court grants the orders sought.
3. I have considered the application, the affidavit evidence and the brief oral submissions by counsel. I have had regard to the record herein.
4. It is clear from the record and the documentation herein that the child was found abandoned in Nakuru and the matter was recorded vide occurrence book number [Particulars withheld].
5. It is therefore in error to state that the child was born at unknown place or that the child was born at Kakamega.
6. In view of the above, it is necessary that the correct details entered in the child’s birth certificate and in the certificate of entry in the adopted children register.
7. The application dated 23/1/2019 is meritable. The same is allowed in terms of prayer 2 and 3. Costs be in the cause.
Dated and Delivered at Nakuru this 30th day of January, 2019.
A. K. NDUNG’U
JUDGE