[2020] KEHC 10167 (KLR)
The court found that the applicants had provided a satisfactory explanation for the delay in prosecuting the adoption cause and had affirmed their commitment to proceed. Consequently, the court exercised its discretion to reinstate the matter and directed the applicants to take action within 21 days to move the...
Source-derived case information.
- Citation
- [2020] KEHC 10167 (KLR)
- Parties
- Applicant: NO; Applicant: ECAMW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 98 of 2018
- Procedural Posture
- Adoption Cause / Ruling on Reinstatement of Adoption Proceedings
- Outcome
- adoption cause reinstated with directions to proceed
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Case Reinstatement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NO
Applicant
ECAMW
Applicant
Procedural Posture
Adoption Cause / Ruling on Reinstatement of Adoption Proceedings
Legal Issues
- 1 Whether the adoption cause should be reinstated after delay in prosecution.
- 2 Whether the applicants have demonstrated commitment to proceed with the adoption.
Ratio Decidendi
The court found that the applicants had provided a satisfactory explanation for the delay in prosecuting the adoption cause and had affirmed their commitment to proceed. Consequently, the court exercised its discretion to reinstate the matter and directed the applicants to take action within 21 days to move the adoption process forward.
Court Disposition
adoption cause reinstated with directions to proceed
Orders
- The adoption cause is reinstated.
- Applicants to take action within 21 days to move the matter forward.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 98 OF 2018
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY LW (MINOR)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
NO VS ECAMW(APPLICANTS)
RULING
1. The Applicants herein NO and ECAMW are a couple having been married since 2011.
2. They have a child of their own and wish to adopt the child subject matter baby LW and which informs this matter which has been pending since July 2018.
3. For one reason or another the matter has not proceeded giving the court the impression that the litigants are not seriously prosecuting the same.
4. I have seen the current application subject of this ruling where the applicants have explained themselves and affirmed their commitment to conclude the adoption.
5. Based on the above I reinstate the matter and direct that action be taken within the next 21 days to move the matter forward.
SIGNED DATEDandDELIVEREDin open court this 8THday of OCTOBER, 2020.
…………………………………….
ALI-ARONI
JUDGE