[2004] KEHC 383 (KLR)
The court declined to grant the adoption order at this stage due to the absence of a written report from the Nandi District Children’s Officer. The court held that such a report is essential to assist in determining whether the adoption would be in the best interests of the child and to ensure compliance with...
Source-derived case information.
- Citation
- [2004] KEHC 383 (KLR)
- Parties
- Applicant: E K
- 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
- Adoption order deferred pending submission of Children’s Officer’s report.
- Legal Topics
- Adoption Procedure, Child Custody, Abandonment of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E K
Applicant
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 enable the court to make an informed adoption order.
- 3 Whether the absence of a report from the Nandi District Children’s Officer precludes the granting of the adoption order at this stage.
Ratio Decidendi
The court declined to grant the adoption order at this stage due to the absence of a written report from the Nandi District Children’s Officer. The court held that such a report is essential to assist in determining whether the adoption would be in the best interests of the child and to ensure compliance with statutory requirements. The applicant was directed to ensure the preparation and submission of the report before the matter could proceed to hearing and final determination.
Court Disposition
Adoption order deferred pending submission of Children’s Officer’s 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
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORET
ADOPTION CAUSE NO.1 OF 2003
IN THE MATTER OF N K
AND
E K ……………….………………………………..…..……….. APPLICANT
RULING
This is an application for adoption of an infant made by E K of Kapsabet. The infant is known as K A and on adoption he will be known as N K T. The applicant is a married woman and her husband K T 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 EK 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