[2017] KEHC 3855 (KLR)
The court found that there was insufficient material to establish that the child had been abandoned, as required by law. The absence of original records from the police, the Children’s Department, and the Children’s Court meant that the statutory prerequisites for adoption had not been met. Without such...
Source-derived case information.
- Citation
- [2017] KEHC 3855 (KLR)
- Parties
- Applicant: S M A
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 21 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Abandonment, Child Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M A
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether there is sufficient evidence to establish the abandonment of the child.
- 2 Whether the applicant has provided the necessary documentation to support the adoption application.
- 3 Whether the court can grant an adoption order in the absence of original records from relevant authorities.
Ratio Decidendi
The court found that there was insufficient material to establish that the child had been abandoned, as required by law. The absence of original records from the police, the Children’s Department, and the Children’s Court meant that the statutory prerequisites for adoption had not been met. Without such documentation, the court could not be satisfied that the child was available for adoption or that due process had been followed. Consequently, the application for adoption could not be granted.
Court Disposition
application dismissed
Orders
- The Originating Summons dated 26th April 2017 is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 21 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY I B A
JUDGEMENT
1. The applicant, S M A, is a Kenyan citizen. She seeks to adopt Baby I B N. Her Originating Summons is dated 26th April 2017.
2. I have scrupulously perused through the record before me, and I have not come across any original documents relating to the child to be adopted. There are no original records from the Keroka Police Station where report of the alleged abandonment was made. I have not encountered any original records from the offices of the Children’s Department with regard to what that office did with the child after the matter of her abandonment was brought to their attention. There is no record of any court orders having been made by a Children’s Court with relation to the care and protection of the child, prior to her being freed for adoption, and relating to the institution, if any, where the child was committed by the Children’s Court for care and protection.
3. There is insufficient material to establish that the said child had been abandoned. I am not satisfied that there is material upon which I can grant the orders sought. I shall accordingly dismiss the Original Summons dated 26th April 2017.
DATED, SIGNED and DELIVERED at NAIROBI this 1ST DAY OF AUGUST, 2017.
W. MUSYOKA
JUDGE