[2021] KEHC 2426 (KLR)
The court found that the error in the adoption order regarding WNK's occupation was clerical and that rectifying it would facilitate the registration of the adoption in the adopted Children’s Register. The rectification was deemed to be in the best interest of the child, as it would remove administrative obstacles...
Source-derived case information.
- Citation
- [2021] KEHC 2426 (KLR)
- Parties
- Applicant: WNK; Applicant: RWM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 28 of 2018
- Procedural Posture
- Adoption Cause / Post Judgment Rectification Motion
- Outcome
- rectification granted
- Judges
- MM Kasango
- Legal Topics
- Adoption Order Rectification, Children Registration, Best Interest of Child
- 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
WNK
Applicant
RWM
Applicant
Procedural Posture
Adoption Cause / Post Judgment Rectification Motion
Legal Issues
- 1 Whether the adoption order should be rectified to reflect the correct occupation of WNK.
- 2 Whether such rectification is in the best interest of the child.
Ratio Decidendi
The court found that the error in the adoption order regarding WNK's occupation was clerical and that rectifying it would facilitate the registration of the adoption in the adopted Children’s Register. The rectification was deemed to be in the best interest of the child, as it would remove administrative obstacles and ensure the legal adoption is properly recorded. The court exercised its power to amend the order to reflect the correct occupation, electrical technician, thereby upholding the principle that the welfare of the child is paramount in adoption matters.
Court Disposition
rectification granted
Orders
- The schedule of the adoption order is amended to reflect WNK's occupation as electrical technician as sought in the Notice of Motion dated 27th October, 2021.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. 28 OF 2018
IN THE MATTER OF THE CHILDREN’S ACT
IN THE MATTER OF ADOPTION APPLICATION OF BABY H aka CKN
BY
WNK........................................1ST APPLICANT
RWM.....................................2ND APPLICANT
RULING
1. By this Court’s judgment dated 12th June, 2020, this Court granted the applicants orders for the adoption of baby H who was to be named CKN. The Registrar was ordered by that judgment, to enter the adoption in the adopted Children’s Register.
2. The applicants have experienced difficulties in that registration in the adopted Children’s Register because WNK’s occupation was wrongly reflected in the adoption order issued following the said judgment. WNK’s occupation was reflected as a businessman and not as his correct occupation, electrical technician.
3. Before court, is a notice of motion dated 27th October, 2021 seeking that the adoption order be rectified to reflect the correct occupation of WNK.
4. The order sought is in the best interest of the child because it will enable the Registrar General to enter the adoption of the child in the register. Accordingly, I order that the schedule of the adoption order be amended as sought in the Notice of Motion dated 27th October, 2021.
5. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 8TH DAY OF NOVEMBER, 2021
MARY KASANGO
JUDGE
Coram:
Court Assistant :
COURT
Ruling delivered virtually.
MARY KASANGO
JUDGE