[2015] KEHC 3234 (KLR)
The court determined that the adoption proceedings should proceed at this preliminary stage, and directed the Director of Children Services to prepare an evaluation report. The court held that administrative instructions from the Principal Secretary Ministry of Labour should not prevent the statutory process from...
Source-derived case information.
- Citation
- [2015] KEHC 3234 (KLR)
- Parties
- Applicant: BJM; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 155 of 2015
- Procedural Posture
- Adoption Cause / Preliminary Ruling on Appointment of Guardian Ad Litem and Directions for Evaluation Report
- Outcome
- Preliminary orders granted; adoption proceedings to continue.
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Guardian Ad Litem Appointment, Children Act Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BJM
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Preliminary Ruling on Appointment of Guardian Ad Litem and Directions for Evaluation Report
Legal Issues
- 1 Whether the applicant, a single mother, meets the preliminary requirements for adoption of the child.
- 2 Whether the Director of Children Services can be directed to prepare an evaluation report despite administrative instructions against inter-county adoptions.
- 3 Whether issues under Section 158(1) and (2) and Section 162(f) of the Children Act should be determined at this stage.
Ratio Decidendi
The court determined that the adoption proceedings should proceed at this preliminary stage, and directed the Director of Children Services to prepare an evaluation report. The court held that administrative instructions from the Principal Secretary Ministry of Labour should not prevent the statutory process from continuing. Issues arising under Sections 158(1), 158(2), and 162(f) of the Children Act were deferred for consideration at the next stage of the proceedings. The Head of Family Division may provide further administrative guidance if problems arise.
Court Disposition
Preliminary orders granted; adoption proceedings to continue.
Orders
- The Director of Children Services is directed to prepare an evaluation report for the adoption.
- Any issues arising in the preparation of the report to be referred to the Head of Family Division for administrative guidance.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 155 OF 2015(O.S)
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF BABY JN ALIAS JH
BJM …………………………APPLICANT
RULING
On 26th June, 2015 by an application dated 15th June, 2015 this Court was presented and filed on the same date; with an application for appointment of guardian ad litem of proposed MMM in the adoption proceedings of BABY Particulars withheld The Court was also to direct the DIRECTOR OF CHILDREN SERVICES to make the necessary evaluation and reports.
The Court granted the orders of the two (2) applications. Counsel for the adoption report brought to the attention of the Court two (2) issues;
That the Applicant Particulars withheld is a single mother of a daughter EMS wants to adopt a baby boy Particulars withheld
The Applicant was approved vide letter dated 14th October, 2014 and Certificate from the Adoption Committee onn21st October, 2014.
The Court order that the Director of Children Services will be hampered by a letter from the Principal Secretary Ministry of Labour to the effect that the Director of Children Service should not deal with inter county adoptions and then seeks the Court to disapprove with this requirement.
The Court finds that at this preliminary stage the adoption proceedings should proceed and the matter regarding Section 158(1) and (2) and Section 162(f) of the Children’s Act Cap 2001 shall be canvassed at the next stage of the adoption proceedings.
The Director of Children Services to prepare a report. In case of any problem the way forward to be provided by Head of Family Division as administratively charged with the ongoing deliberations.
READ AND SIGNED IN OPEN COURT AT NAIROBI THIS 28TH DAY OF JULY 2015.
M. MUIGAI
JUDGE
In the presence of:
Ms. Ouga holding brief for Ms. Mbanya for the Applicant