[2004] KEHC 2466 (KLR)
The court initially declined to grant the adoption order due to lack of satisfactory evidence regarding the ages of the applicants, as required by section 158 of the Children.s Act 2001. Upon subsequent filing and verification of certified copies of the applicants. birth certificates, which confirmed that both were...
Source-derived case information.
- Citation
- [2004] KEHC 2466 (KLR)
- Parties
- Applicant: CAT; Applicant: KKT; Respondent: Margaret Wambui Wanja
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause cause 20 of 2004
- Procedural Posture
- Adoption Cause / Final Determination After Provision of Additional Documents
- Outcome
- Adoption order granted upon provision of certified birth certificates confirming applicants. ages.
- Legal Topics
- Adoption Procedure, Guardian Ad Litem, Consent to Adoption, Foreign Adoption, Children Rights
- 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
CAT
Applicant
KKT
Applicant
Margaret Wambui Wanja
Respondent
Procedural Posture
Adoption Cause / Final Determination After Provision of Additional Documents
Legal Issues
- 1 Whether the applicants meet the statutory requirements for adoption under the Children.s Act, including age limits.
- 2 Whether the consent of the guardian ad litem and relevant parties has been properly obtained and filed.
- 3 Whether the applicants are suitable and capable of adopting the child, including their means and background.
Ratio Decidendi
The court initially declined to grant the adoption order due to lack of satisfactory evidence regarding the ages of the applicants, as required by section 158 of the Children.s Act 2001. Upon subsequent filing and verification of certified copies of the applicants. birth certificates, which confirmed that both were under the statutory age limit of sixty-five years, the court was satisfied that the applicants met all legal requirements. The applicants had also provided evidence of means, positive social worker reports, and the consent of the guardian ad litem. Consequently, the court granted the adoption order as requested, finding that all statutory and procedural requirements had been...
Court Disposition
Adoption order granted upon provision of certified birth certificates confirming applicants. ages.
Orders
- The applicants, CAT and KKT, are authorized to adopt HW as requested.
- Applicants to be provided with a certified copy of the ruling.
Full Case Text
Judgment text and source record
80 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
ADOPTION CAUSE NO. 1B OF 2004
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER
AND
IN THE MATTER OF HW (CHILD)
A N D
CAT
KKT………………………… APPLICANTS
PROCEEDINGS
24. 3.2004
Coram:
Dulu.J
Chemitei – Court Clerk
Ngigi for applicants
Ngigi: I pray for a date when the applicants and consenting guardian can attend
court for the adoption case to proceed.
Court: Hearing date to be taken in the registry which can give a priority hearing
date.
Dulu. J. 24. 3.2004
24. 3.2004
In the Civil Registry
Ngigi for applicants – present
Order: Application under certificate of urgency dat4d 22nd March 2004 is
listed for hearing on 29th April 2004 before court No.2 Hearing notice to issue.
Signed For: Deputy Registrar
29. 4.2004
Coram:
Dulu.J.
Chemitei – Court Clerk
Ngigi for applicants
Margaret Wambui (guardian) – present
Mr. Ngigi Guardian and JM are sister and brother of the biological
mother of the subject (infant). The mother passed away in 2000. From affidavit
of JM the infant was born in 1994. The m other was a single parent.
The applicants have also sworn affidavits in support f their application. They have
also sworn further affidavits and exhibited the preparations they have made to
receive the infant. They have annexed their means and information or their
occupation. They work in the State of Missouri. The prospective parents are
people of means with great potential. I pray that you find them suitable adopting
parents for the destitute minor, as their own.
The process has been explained to the guardian. She has filed declaraton and
consent. She understands the consequences of adoption, and that the infant will
become a citizen of the United States of America
Court: Ruling on 27th Mary 2004.
RULING
This is a matter that was brought by way of Originating Summons dated 8th March 2004. It seeks for orders that Margaret Wambui Wanja be appointed guardian ad litem in the cause and that the applicants be authorized to adopt HW who is a child. The applicants are stated to be CT and KKT of address 2335 Fairway Highridge Missouri 63049.
I have perused the documents filed in the application. Both the applicants are Americans and there is authority for them to adopt a foreign child from the Department of Justice filed on 21st April 2004. The mother of the child who was born on 7th April 1994 died the year 2000.
The guardian Wambui Wanja, a sister of the biological mother of the child, has consented to the adoption of the child by a consent dated 8th March 2004. There is a report dated 24th February 2004 by Janet Galaske a social worker in the United States of America positively recommending the adoption. The applicants also have means.
I would have granted this application, save for the fact that I have never seen the applicants or seen copies of their birth certificates or any official information on their ages to satisfy myself as to their age.
The law (section 158 of the Children’s Act 2001) requires that the applicants should not be above sixty five years of age. I have seen a copy of the marriage certificate and other documents, but unfortunately the ages are only mentioned in some of the reports. That mere mention of the ages to me is not adequate.
I am therefore not making a ruling in this matter until I am provided with satisfactory information on the ages of the applicants.
Dated and delivered at Eldoret this 27th Day of May 2004
George Dulu
Judge
27. 5.2004
Coram:
Dulu .J.
Kassachuon – Court Clerk
Obutu for Ngigi for Applicants
Ruling read in open court in the presence of:
George Dulu.J.
27. 5.2004
Obutu: I ask for copy of the ruling
Court: Applicants to be provided with certified copy of the ruling.
28. 5.2004
Coram:
Dulu .J.
Kassachuon – Court Clerk
Ngigi Mbugua for Applicants
Court: On 27th May 2004 I declined to grant the orders for adoption of child HW by CTand KKT satisfied to the ages of the applicants. I have today seen certified copies of their birth certificates, which have been filed in court. CT was born on 24th march 1961 and KKP (T) was born on 7th June 1970.
I therefore grant the orders of adoption as requested.
Dated and delivered at Eldoret this 28th Day ofMay2004
Signed
George Dulu
Judge
(I certify this a true copy of the original)
DEPUTY REGISTRAR