[2018] KEHC 7324 (KLR)
The court found that this was a kinship adoption, supported by the consent of the minor's biological father as evidenced by a sworn affidavit. The Sub-County Children's Officer's report confirmed the kinship relationship and recommended freeing the child for adoption. The court determined that the omission of a...
Source-derived case information.
- Citation
- [2018] KEHC 7324 (KLR)
- Parties
- Applicant: P W K; Applicant: A N W; Respondent: T M W
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 26 of 2016
- Procedural Posture
- Adoption Cause / Ruling on Application for Review of Order Regarding Freeing Certificate in Kinship Adoption
- Outcome
- application allowed
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Kinship Adoption, Freeing Certificate Waiver, Parental Consent, Best Interests of Child
- 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
P W K
Applicant
A N W
Applicant
T M W
Respondent
Procedural Posture
Adoption Cause / Ruling on Application for Review of Order Regarding Freeing Certificate in Kinship Adoption
Legal Issues
- 1 Whether the requirement for a freeing certificate should be waived in a kinship adoption where parental consent has been given.
- 2 Whether the omission of a declaration that the minor is free for adoption constitutes an error apparent on the face of the record.
- 3 Whether it is in the best interest of the minor to grant the orders sought.
Ratio Decidendi
The court found that this was a kinship adoption, supported by the consent of the minor's biological father as evidenced by a sworn affidavit. The Sub-County Children's Officer's report confirmed the kinship relationship and recommended freeing the child for adoption. The court determined that the omission of a declaration freeing the minor for adoption was an error apparent on the face of the record. Given the urgency of the minor's need for medical treatment abroad and the best interests of the child, the court held that the requirement for a freeing certificate should be waived. The application for review was therefore allowed, and the waiver granted.
Court Disposition
application allowed
Orders
- The requirement for a freeing certificate in respect of the minor is hereby waived.
- Costs in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE 26 OF 2016
IN THE MATTER OF THE CHILDREN'S ACT NO. 8 OF 2001
IN THE MATTER OF J N..........................MINOR
AND
P W K...........................................1ST APPLICANT
A N W..........................................2ND APPLICANT
RULING
1. The Notice of Motion before Court is dated 5/4/2018. The same seeks review of the order of court issued on 13/10/2017. It is sought that this being a kinship adoption the requirement for a freeing certificate be waived.
2. The Application is premised on grounds that;
(i) THAT the minor is in dire need of medication and is to receive further treatment in United States of America in August, 2018 and is to travel there as soon as possible for further assessments by the hospital.
(ii) THAT the prayer declaring the minor Free for Adoption was omitted.
(iii) THAT this is a kinship adoption thus a freeing certificate is not necessary in the circumstances considering the consent given by minor's biological father.
(iv) THAT there is a mistake and error apparent on the face of the record.
(v) THAT the Immigration Department will not clear the said minor unless the certificate is produce or a waiver clearly made by this Court.
(vi) THAT it is in the interest of the minor that this Honourable Court grants the orders sought.
3. It is further supported by the affidavit of A N W sworn on 5/4/2018.
4. From the report of the Sub-County Children's Officer Gilgil signed for the County Coordinator of Children Services, Nakuru County, it is indicated that this is a kinship adoption. The parent's consent has been given. The child is free for adoption.
5. The Court in its ruling dated 18/7/2017 did observe the Coordinators sentiments and the recommendation that this being a kinship adoption the minor be freed for adoption.
6. The consent of the father of the child is contained in his sworn affidavit dated 7/4/2015 and filed in Court on 2/12/2016.
7. On the strength of this affidavit by T M W, the father of the minor, I am satisfied that the waiver of the requirement for a certificate freeing the minor for adoption is appropriate and in the best interest of the minor.
8. With the result that the application dated 5/4/2018 is allowed in terms that the requirement for a freeing certificate be and is hereby waived.
9. Costs in the cause.
Dated and Signed at Nakuru this 18th day of April, 2018.
A. K. NDUNG'U
JUDGE