[2004] KEHC 2490 (KLR)
The court determined that before granting an adoption order, it must have before it a written report from the Nandi District Children’s Officer. This report is essential to assist the court in assessing the suitability of the applicant and ensuring the best interests of the child are served. The absence of such a...
Source-derived case information.
- Citation
- [2004] KEHC 2490 (KLR)
- Parties
- Applicant: Esther Kimunai; Respondent: Naman Kili Tireito (infant, formerly Kili Agui)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 1 of 2003
- Procedural Posture
- Adoption Cause / Interlocutory Ruling Pending Final Determination
- Outcome
- interlocutory directions issued; adoption order deferred pending further report
- Legal Topics
- Adoption Procedure, Child Custody, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Kimunai
Applicant
Naman Kili Tireito (infant, formerly Kili Agui)
Respondent
Procedural Posture
Adoption Cause / Interlocutory Ruling Pending Final Determination
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the infant.
- 2 Whether sufficient information and reports are available to the court to make an adoption order.
- 3 Whether the consent of relevant parties has been properly obtained.
Ratio Decidendi
The court determined that before granting an adoption order, it must have before it a written report from the Nandi District Children’s Officer. This report is essential to assist the court in assessing the suitability of the applicant and ensuring the best interests of the child are served. The absence of such a report precludes the court from making a final determination on the adoption application at this stage. The applicant is directed to ensure the report is prepared and submitted, after which the matter will be set for hearing.
Court Disposition
interlocutory directions issued; adoption order deferred pending further report
Orders
- The Nandi District Children’s Officer is directed to prepare and submit a report on the adoption application.
- The applicant is to ensure the Children’s Officer prepares the report.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET ADOPTION CAUSE NO.1 OF 2003
IN THE MATTER OF NAMAN KILI TIREITO
AND ESTHER KIMUNAI ……………….………………………………..…..……….. APPLICANT
RULING
This is an application for adoption of an infant made by Esther Kimunai of Kapsabet. The infant is known as Kili Agui and on adoption he will be known as Naman Kili Tireito. The applicant is a married woman and her husband Kimunai Tireito has given his consent for the adoption of the infant in a written consent dated 3rd March, 2003.
According to the documents filed in court the infant was under Juvenile Court Kapsabet Protection and Discipline case No. 7 of 2001 committed to the care and custody of the applicant Esther Kimunai on 6th March, 2001. At that time the infant was 5 years old.
I note from the statement in support of the application for an adoption order, that the applicant was born in 1945 and is therefore 58 years old. The infant does not appear to have documents evidencing his birth and it is stated in the ex-parte Originating Summons that the parents have abandoned him and cannot be traced. No copy of any document on the birth of the infant is in the file.
The Originating Summons was addressed to the Nandi District Children’s Officer. However, I see no report from the said Children’s Officer. Before I proceed to grant an adoption order in favour of the applicant, it is important that I see a written report of the Nandi District Children’s Officer which will assist me in making the appropriate orders. I therefore direct that the Nandi District Children’s Officer prepare a report on this application for adoption which report should be submitted in court to assist the court in determining the matter. The applicant to ensure that the Children’s Officer prepare the report. After the report is ready a hearing date will be taken in the registry.
Dated and Delivered at Eldoret this ………… Day of …………….. 2004.
……………………
George Dulu,
Judge