[2024] KEHC 5198 (KLR)
The court found that the applicants, who reside in Canada and are unable to attend physically due to logistical and cost constraints, have provided sufficient grounds for being allowed to appear virtually. The court exercised its discretion in favor of the applicants, noting that the application was merited and that...
Source-derived case information.
- Citation
- [2024] KEHC 5198 (KLR)
- Parties
- Applicant: OAHO; Applicant: FAE; Respondent: Change Trust
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Interlocutory Application for Virtual Appearance
- Outcome
- application allowed
- Judges
- G Mutai
- Legal Topics
- Adoption Procedure, Virtual Hearings, Leave of Court, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
OAHO
Applicant
FAE
Applicant
Change Trust
Respondent
Procedural Posture
Adoption Cause / Ruling on Interlocutory Application for Virtual Appearance
Legal Issues
- 1 Whether the applicants should be granted leave to appear virtually during the adoption proceedings.
- 2 Whether logistical and cost considerations for applicants residing abroad justify virtual appearance.
Ratio Decidendi
The court found that the applicants, who reside in Canada and are unable to attend physically due to logistical and cost constraints, have provided sufficient grounds for being allowed to appear virtually. The court exercised its discretion in favor of the applicants, noting that the application was merited and that no prejudice would be occasioned to the proceedings or the interests of the minor by granting the order. The court further noted that the mother of the minor had consented to the adoption, and the child had been declared free for adoption by the relevant authority. Accordingly, the court granted leave for the applicants to appear virtually during the adoption proceedings.
Court Disposition
application allowed
Orders
- Leave is granted to the applicants to appear virtually during these proceedings.
- No order as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
In re JAA (Minor) (Adoption Cause E001 of 2024) [2024] KEHC 5198 (KLR) (12 February 2024) (Ruling)
Neutral citation: [2024] KEHC 5198 (KLR)
Republic of Kenya
In the High Court at Mombasa
Adoption Cause E001 of 2024
G Mutai, J
February 12, 2024
N THE MATTER OF: CHILDREN’S ACT NO. 29 OF 2022
AND
IN THE MATTER OF: JAA (MINOR)
IN THE MATTER OF: APPLICATION FOR ORDERS OF ADOPTION OF
THE BABY JAA (MINOR) BY OAH OMAR & FA EL-B
Between
OAHO
1st Applicant
FAE
2nd Applicant
and
Change Trust
Respondent
Ruling
1. Before me is the chamber summon dated 22nd January 2024 vide he said application the applicants seek 4 orders of the 4 orders praying 1 is due for determination at this point.
2. Prayer 1 seeks the following order “that this honorable court be pleased to grant leave to the applicants to appear virtually during these proceedings” the basis for the said prayer is that the applicants reside in Ontario, Canada . It is stated that they are unable to attend court session physically due to the travel logistics and costs.
3. The 1st applicant is related to the minor the subject to these proceedings by virtual of being his maternal uncle. The minor was born on 17th October 2006. His father is deceased while the Mother has given consent to the adoption. The child was declared as being free for adoption by Change Trust on 28th November 2023 vide certificate seral number xxxxx. The child was entered to the adoption through his handwritten letter dated 21st November 2023.
4. Should the court allow the applicants I have considered the application and the supporting documents. In my view the application is merited. The same is allowed with no orders as to costs.
5. It is so ordered
DATED AND SIGNED THIS 12TH DAY OF FEBRUARY 2024 AT MOMBASAGREGORY MUTAIJUDGEIn the presence of;Ms Mwashushe for the applicants