[2020] KEHC 6622 (KLR)
The court declined to deliver a substantive ruling on the adoption application because the originating summons, which forms the basis of the court's jurisdiction and the applicant's claim, was not on record. Without this foundational document, the court is unable to proceed or make any determination on the merits of...
Source-derived case information.
- Citation
- [2020] KEHC 6622 (KLR)
- Parties
- Applicant: JMWM
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2018
- Procedural Posture
- Adoption Cause / Preliminary Ruling; Absence of Originating Summons
- Outcome
- No substantive ruling delivered; matter deferred for directions by succeeding judge.
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Children Act 2001, Court Jurisdiction, Originating Summons Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMWM
Applicant
Procedural Posture
Adoption Cause / Preliminary Ruling; Absence of Originating Summons
Legal Issues
- 1 Whether the court can proceed to determine the adoption application in the absence of an originating summons.
- 2 What directions should be given when a key procedural document is missing in an adoption cause.
Ratio Decidendi
The court declined to deliver a substantive ruling on the adoption application because the originating summons, which forms the basis of the court's jurisdiction and the applicant's claim, was not on record. Without this foundational document, the court is unable to proceed or make any determination on the merits of the application. The matter is therefore deferred for directions by the succeeding judge, who will determine the appropriate course of action once the procedural deficiency is addressed.
Court Disposition
No substantive ruling delivered; matter deferred for directions by succeeding judge.
Orders
- The succeeding judge will take over the matter and give appropriate directions.
- Mention date to be fixed in the registry.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ADOPTION CAUSE NO.10 OF 2018
IN THE MATTER OF THE CHILDREN ACT 2001 (ACT NO.8 OF 2001)
AND
IN THE MATTER OF NS alias TNW (CHILD)
JMWM.......................................................................APPLICANT
RULING
1. In this matter for the adoption of NS alias TNW (Child) by JMWM, I have perused all the documents filed, but I do not see the Originating Summons on which the court is required to make its decision.
2. In these circumstances, I am not able to deliver any ruling in the matter.
3. As there is another Judge taking over station, I order that the succeeding Judge will take over this matter, and give appropriate directions and progress the matter to its conclusion. Mention date will be fixed in the registry.
Dated this 28th day of April 2020.
George Dulu
JUDGE
Delivered through video conferencing in the presence of Mr. Langat
court assistant, Mr. Musyoka ICT officer, Mr. Mwita for the applicant.