[2020] KEHC 2221 (KLR)
The court determined that it could not proceed to deliver a ruling on the adoption application because the guardian ad litem's report was neither filed nor adopted as evidence. Compliance with procedural requirements, particularly the filing of the guardian ad litem's report, is mandatory in adoption proceedings....
Source-derived case information.
- Citation
- [2020] KEHC 2221 (KLR)
- Parties
- Applicant: VMM; Applicant: RCM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 182 of 2018
- Procedural Posture
- Adoption Cause / Ruling on Procedural Compliance
- Outcome
- Ruling deferred; procedural orders issued.
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Reports, Minor Adoption, Court Rulings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VMM
Applicant
RCM
Applicant
Procedural Posture
Adoption Cause / Ruling on Procedural Compliance
Legal Issues
- 1 Whether the court can proceed to deliver a ruling in the absence of the guardian ad litem's report.
- 2 Whether the procedural requirements for adoption have been met.
Ratio Decidendi
The court determined that it could not proceed to deliver a ruling on the adoption application because the guardian ad litem's report was neither filed nor adopted as evidence. Compliance with procedural requirements, particularly the filing of the guardian ad litem's report, is mandatory in adoption proceedings. The absence of this report rendered the matter not ripe for determination, and thus the court declined to deliver the scheduled ruling, instead directing that the report be filed and a fresh hearing date be set.
Court Disposition
Ruling deferred; procedural orders issued.
Orders
- The report of the guardian ad litem will be filed without any delay.
- The matter will be given a fresh hearing date in the registry.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 182 OF 2018
IN THE MATTER OF ADOPTION OF BABY AM ALIAS AAAMM (MINOR)
VMM.................................................1ST APPLICANT
RCM................................................2ND APPLICANT
RULING
1. In this application for the adoption of a minor by the applicants a husband and wife, the matter came before me for hearing on 1st October, 2020 and the court put it for a ruling.
2. Having perused the file however, I note that the report of the guardian ad litem CWK is not on the file, nor was the said report adopted as evidence by the guardian ad litem, thus the fixing of the matter for a ruling by the court was premature and erroneous.
3. I thus will not deliver the scheduled ruling and instead order as follows-
1. The report of the guardian ad litem will be filed without any delay.
2. The matter will be given a fresh hearing date in the registry.
Dated and delivered this 26th October, 2020.
George Dulu
JUDGE
As notice for the ruling was issued and the matter was listed in the cause list for today, I have delivered the Ruling, and the Deputy Registrar will transmit the ruling electronically to counsel.
Delivered virtually due to the COVID-19 pandemic and Ministry of Health Regulations.