[2023] KEHC 26807 (KLR)
The court found that the omission of the place of birth in the original adoption order was an oversight that could be rectified without causing any prejudice to the minor. Including the place of birth is necessary for the proper registration of the child in the Birth Certificate/Adoption Register. The application...
Source-derived case information.
- Citation
- [2023] KEHC 26807 (KLR)
- Parties
- Applicant: HMK; Applicant: JLM; Respondent: JJ alias JDM
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2020
- Procedural Posture
- Adoption Cause / Ruling on Application to Review Adoption Order
- Outcome
- application allowed; adoption order reviewed and amended to include place of birth; file closed
- Judges
- RE Aburili
- Legal Topics
- Adoption Order Review, Minor Child Welfare, Birth Registration
- 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
HMK
Applicant
JLM
Applicant
JJ alias JDM
Respondent
Procedural Posture
Adoption Cause / Ruling on Application to Review Adoption Order
Legal Issues
- 1 Whether the adoption order issued on 12th March 2021 should be reviewed to include the place of birth of the adopted minor.
- 2 Whether granting the application would prejudice the interests of the minor.
Ratio Decidendi
The court found that the omission of the place of birth in the original adoption order was an oversight that could be rectified without causing any prejudice to the minor. Including the place of birth is necessary for the proper registration of the child in the Birth Certificate/Adoption Register. The application was uncontested, and the court was satisfied that the amendment was in the best interests of the child. Accordingly, the adoption order was reviewed and amended to include the place of birth of the minor as [particulars withheld] village within Kisumu County.
Court Disposition
application allowed; adoption order reviewed and amended to include place of birth; file closed
Orders
- The adoption order made on 12th March 2021 is reviewed and amended to include the place of birth of the minor as [particulars withheld] village within Kisumu County.
- The amendments shall be reflected in the schedule in column 1 to read 'Date and Place' of birth [particulars withheld] 2017, at [particulars withheld] village within Kisumu County.
Full Case Text
Judgment text and source record
27 paragraphs
In re JJ alias JDM (Minor) (Adoption Cause 3 of 2020) [2023] KEHC 26807 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26807 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause 3 of 2020
RE Aburili, J
December 18, 2023
Between
HMK
1st Applicant
JLM
2nd Applicant
and
JJ alias JDM
Minor
Ruling
1. I have considered the application dated 15th November 2023 under certificate of urgency. I have considered the grounds in support, the supporting affidavit and the annextures thereto.
2. I find the application urgent deserving to be considered expeditiously and exparte as the proceedings are not contested ones. I certify the application as urgent.
3. I have also considered the merits of the application which seeks to recall the adoption order issued on 12th March 2021 and reviewing it to include the place of birth of the adopted minor J.J alias J.D.M.
4. I have perused the adoption order made on 12th March 2021 and indeed, it does not state the place of birth of the minor so that the Registrar of Births can input in the Birth Certificate/Adoption Register for the child.
5. I find that no prejudice will be occasioned to the child if the application is granted.
6. I allow the application and review the adoption order made on 12th March 2021. The said adoption order is hereby amended to include the place of birth of the minor being [particulars withheld] village within Kisumu County.
7. The amendments shall be contained in the schedule in column 1 which shall now read ‘Date and Place’ of birth [particulars withheld] 2017, at [particulars withheld] village within Kisumu County.
8. An amended Adoption order to issue forthwith and supplied to the applicant.
9. This file is now closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE