[2016] KEHC 5263 (KLR)
The court found that, given the death of the joint applicant (the wife), it would be in the best interest of the child for the adoption application to proceed with the surviving applicant. The reports from the Director of Children Services and the adoption agency both supported the continuation of the process. The...
Source-derived case information.
- Citation
- [2016] KEHC 5263 (KLR)
- Parties
- Applicant: G N Kamau; Applicant: E G (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 100 of 2010
- Procedural Posture
- Adoption Cause / Interlocutory Application Prior to Main Hearing
- Outcome
- Application to proceed in absence of deceased co-applicant allowed; other prayers reserved for main hearing.
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Best Interests of Child, Death of Joint Applicant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G N Kamau
Applicant
E G (deceased)
Applicant
Procedural Posture
Adoption Cause / Interlocutory Application Prior to Main Hearing
Legal Issues
- 1 Whether the adoption application can proceed in the absence of the deceased joint applicant.
- 2 Whether it is in the best interest of the child for the adoption process to continue.
Ratio Decidendi
The court found that, given the death of the joint applicant (the wife), it would be in the best interest of the child for the adoption application to proceed with the surviving applicant. The reports from the Director of Children Services and the adoption agency both supported the continuation of the process. The court exercised its discretion to allow the application to proceed in the absence of the deceased co-applicant, reserving other prayers for the main hearing.
Court Disposition
Application to proceed in absence of deceased co-applicant allowed; other prayers reserved for main hearing.
Orders
- The applicant may proceed with the adoption application in the absence of the 2nd applicant who has since passed on.
- Prayer no. 2 of the application shall be dealt with at the main hearing.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.100 OF 2010
AND
IN THE MATTER OF CHILDREN’S ACT, No. 8 of 2001
AND
IN THE MATTER OF BABY M N
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY G N K
RULING
The applicant is G N Kamau and his late wife E G passed away on the 13/9/15 whilst the application for adoption was pending. From the contents of the affidavit applicants had been placed with Baby M N M on the 18/4/08. The couple had jointly been assessed by the director of children department. The applicant’s wife who was a joint applicant passed on before the main hearing. The applicant by its notice of motion dated the 14/10/15 seeks to have the adoption application proceed before the court in the absence of the 2nd applicant who has since passed on. I have read the applicant’s affidavit filed in court on the 14/10/15. It is indeed unfortune that his wife the co-applicant passed on the 13/9/15. The applicant avers that he desires to have the process continue. I have the report of the Director of Children Services dated the 25/2/2016 and the agency report dated the 23/2/16 and note that it would be in the best interest of the child that the process continues. The applicant may proceed as is before the court in the absence of the 2nd applicant who has since passed on. Prayer no. 2 of his application shall be dealt with at the main hearing of the adoption application. Costs shall be in the cause. It sis o ordered.
Dated, signed and delivered this 8thday April 2016
R. E. OUGO
JUDGE
In the presence of:
…………………………………………………….……….for the Applicant.
Charity Court Clerk.