[2017] KEHC 5720 (KLR)
The court cannot proceed to judgment in an adoption matter unless the original freeing certificate, which declares the child available for adoption, is produced and on record. The absence of this original document is a fatal procedural defect, as it is a statutory requirement under the Children Act. Photocopies do...
Source-derived case information.
- Citation
- [2017] KEHC 5720 (KLR)
- Parties
- Applicant: N O M; Applicant: G O K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 39 of 2016
- Procedural Posture
- Adoption Cause / Ruling on Sufficiency of Documents Prior to Judgment
- Outcome
- Judgment deferred pending production of original freeing certificate.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Welfare, Documentary Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N O M
Applicant
G O K
Applicant
Procedural Posture
Adoption Cause / Ruling on Sufficiency of Documents Prior to Judgment
Legal Issues
- 1 Whether the court can proceed to judgment in an adoption cause without the original freeing certificate for the child.
- 2 Whether photocopies of adoption agency documents suffice for statutory compliance.
Ratio Decidendi
The court cannot proceed to judgment in an adoption matter unless the original freeing certificate, which declares the child available for adoption, is produced and on record. The absence of this original document is a fatal procedural defect, as it is a statutory requirement under the Children Act. Photocopies do not meet the evidentiary threshold for such a critical document. Therefore, the matter cannot be determined until the original freeing certificate is availed to the court.
Court Disposition
Judgment deferred pending production of original freeing certificate.
Orders
- The original freeing certificate dated 7th August 2015, serial number [Particulars withheld], must be produced before judgment can be delivered.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 39 OF 2016
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY M G
RULING
1. The applicants herein, N O M and G O K, seek to adopt Baby M G. The matter was heard on 9th March 2017 and at the conclusion of the hearing allocated a date for judgement.
2. In the course of writing the judgement in the matter, it has come to my notice that the record before me does not have the original documents prepared by the agency that arranged the proposed adoption. What I have seen are photocopies of the documents allegedly lodged herein by Little Angels Network on 20th April 2016.
3. The most critical document for the purpose of an adoption is the certificate declaring that the child proposed to be adopted was free and therefore available for such adoption. The court must be furnished with the original document which purports to declare the child free for adoption. There is no such original certificate or declaration on record.
4. In view of the above, I cannot possibly prepare the judgment in this matter, until the original of the freeing certificate on record dated 7th August 2015, serial number [Particulars withheld], is made available.
DATED, SIGNED and DELIVERED at NAIROBI this 19TH DAY OF MAY, 2017.
W. MUSYOKA
JUDGE