[2017] KEHC 3574 (KLR)

[2017] KEHC 3574 (KLR)

The court declined to deliver judgment on the adoption application because the applicants failed to obtain the mandatory consent from an adoption society and did not provide details or an affidavit of a proposed guardian for the child. Compliance with these statutory requirements is essential for the court to...

Source-derived case information.

Citation
[2017] KEHC 3574 (KLR)
Parties
Applicant: S K R; Applicant: S G P; Respondent: K M G alias K A
Court
High Court
Court Station
High Court at Nanyuki
Jurisdiction
Kenya
Case Number
Adoption Cause 1 of 2015
Procedural Posture
Adoption Cause / Ruling Prior to Judgment
Outcome
adjourned for compliance
Judges
MM Kasango
Legal Topics
Adoption Procedure, Consent Requirements, Guardian Appointment
Source Language
en
Family and Children Adoption Procedure Consent Requirements Guardian Appointment

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Parties

S K R

Applicant

S G P

Applicant

K M G alias K A

Respondent

Procedural Posture

Adoption Cause / Ruling Prior to Judgment

Legal Issues

  1. 1 Whether the applicants have complied with all statutory requirements for adoption, specifically obtaining consent from an adoption society.
  2. 2 Whether a guardian for the child has been properly identified and documented.

Ratio Decidendi

The court declined to deliver judgment on the adoption application because the applicants failed to obtain the mandatory consent from an adoption society and did not provide details or an affidavit of a proposed guardian for the child. Compliance with these statutory requirements is essential for the court to consider and grant an adoption order. The matter is therefore adjourned to allow the applicants to regularize the application by providing the necessary consent and guardian affidavit.

Court Disposition

adjourned for compliance

Orders

  • The matter is fixed for mention to enable the applicants to provide a consent of an adoption society and an affidavit of one who is willing to be the child’s guardian.