[2017] KEHC 817 (KLR)
The court found that the initial adoption proceedings were conducted without the requisite certificate from a registered adoption society, which is a mandatory requirement under Kenyan law. The absence of this certificate led to the Registrar General's refusal to make the necessary entries and issue adoption...
Source-derived case information.
- Citation
- [2017] KEHC 817 (KLR)
- Parties
- Applicant: A N G
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 34 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Post Judgment Application to Admit Adoption Society Certificate
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Adoption Society Certificate, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A N G
Applicant
Procedural Posture
Adoption Cause / Ruling on Post Judgment Application to Admit Adoption Society Certificate
Legal Issues
- 1 Whether the court should admit the certificate from a registered adoption society declaring the minors free for adoption as part of the court record.
- 2 Whether the absence of such a certificate previously invalidated the adoption process.
- 3 Whether granting the application is in the best interest of the minors.
Ratio Decidendi
The court found that the initial adoption proceedings were conducted without the requisite certificate from a registered adoption society, which is a mandatory requirement under Kenyan law. The absence of this certificate led to the Registrar General's refusal to make the necessary entries and issue adoption certificates. Upon the subsequent filing of the certificate by KKPI Adoption Society, the court determined that admitting the certificate into the record would regularize the adoption process and enable the implementation of its previous orders. The court emphasized that this course of action was in the best interest of the minors, as it would facilitate their legal adoption and...
Court Disposition
application allowed
Orders
- The certificate filed by KKPI Adoption Society declaring JGN and RSN free for adoption is admitted as part of the court record.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO.34 OF 2015
IN THE MATTER OF J GAND R SN.........SUBJECTS
AND
A N G..............................................................APPLICANT
RULING
Following this court's ruling of 9th December, 2016, the Applicant, A N G moved this court by a Chamber Summons dated 20th day of January, 2017 through his lawyers Wachira Wanjiru & Company Advocates seeking the following orders:
1. Spent
2. Spent
3. THAT the honourable court be pleased to admit the certificate filed by Kenyan to Kenyan Peace Initiative Adoptive Society (hereinafter KKPI) declaring JGN and RSN free for adoption as part of the record of this court.
4. THAT the costs of this application be in the cause.
The application is premised on grounds:
1. THAT this adoption cause was filed on behalf on the Applicant and heard by the Honourable Court without the input of a registered adoption society contrary to the rules governing adoption in Kenya.
2. THAT the failure to involve a registered adoption society means that no certificate declaring the children free for adoption was issued by a registered society contrary to the express provisions of the rules governing adoption in Kenya
3. THAT the Registrar General has declined to make the appropriate entries in the adopted children's register in respect of JGN and RSN and to issue certificates of adoption for the said minors due to the anomally.
4. THAT it is in the best interest of the children to have this application allowed to pave way for the implementation of the orders of this Honourable court with regards to the adoption of JGN and RSN.
5. THAT it is in the interest of justice that the the court grants the above sought orders.
The application is further supported by a sworn affidavit of Mburu K. Solomon, an advocate in the firm of Wachira Wanjiru & Company Advocates.
The application is not opposed.
The gist of the application is that the applicant had applied to adopt the minors JGN and RSN to go live with them is USA where he and his family live and are citizens.
On 9th December, 2016 this court delivered a ruling allowing the sought prayers without a certificate declaring the minors free for adoption from a registered Adoption Society.
It is prayed that the court admits the certificate filed by KKPI Adoption Society declaring JGN and RSN free for adoption as part of the record so as to enable the Registrar General to make appropriate entries in the adopted children's register in respect of the above-named minors and to issue certificates of adoption.
As stated above, the application is not opposed. I have considered the application, the supporting grounds and affidavit. I have noted that Certificates freeing the minors for adoption have been dully filed by KKPI Adoption Society. I am satisfied that the order sought is in the best interest of the minors.
For the above reasons, I allow the application and grant prayers 3 and 4 of the chamber summons dated 20th January, 2017.
Dated, Signed and Delivered at Nakuru this 21st day of February, 2017.
A. K. NDUNG'U
JUDGE