[2022] KEHC 2202 (KLR)
The court declined to issue a judgment on the adoption application due to the applicant's failure to provide essential documents, including the Adoption Society Report, certificate declaring the child free for adoption, foster care and placement agreement, police confirmation regarding the biological parents, and...
Source-derived case information.
- Citation
- [2022] KEHC 2202 (KLR)
- Parties
- Applicant: ENM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2019
- Procedural Posture
- Adoption Cause / Ruling on Sufficiency of Documents Prior to Judgment
- Outcome
- judgment deferred pending provision of mandatory documents
- Judges
- MM Kasango
- Legal Topics
- Adoption Procedure, Documentary Requirements, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ENM
Applicant
Procedural Posture
Adoption Cause / Ruling on Sufficiency of Documents Prior to Judgment
Legal Issues
- 1 Whether the applicant has provided all mandatory documents required for an adoption order to be considered.
- 2 Whether the absence of key documents precludes the court from issuing a judgment on the adoption application.
Ratio Decidendi
The court declined to issue a judgment on the adoption application due to the applicant's failure to provide essential documents, including the Adoption Society Report, certificate declaring the child free for adoption, foster care and placement agreement, police confirmation regarding the biological parents, and the order from the Care and Protection Case No. 42 of 2019. The absence of these documents means the statutory prerequisites for adoption have not been met, and the court cannot proceed to determine the merits of the application until full compliance is achieved. The applicant is granted an opportunity to supply the missing documents by affidavit, after which a new judgment date...
Court Disposition
judgment deferred pending provision of mandatory documents
Orders
- Applicant to file by affidavit the specified documents: Adoption Society Report, certificate declaring the child free for adoption, foster care and placement agreement, police confirmation of untraced biological parents, and the order from Care and Protection Case No. 42 of 2019.
- Judgment to be scheduled upon filing of the required documents.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. 5 OF 2020
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF BABY DO (THE CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
ENM.............APPLICANT
RULING
1. The court reserved the judgment in this matter for today. I am however unable to issue judgment in this matter because of lack of very crucial documents in support of the application for adoption. Before this court can issue a judgment in this matter, the applicant is required to provide tot his Court:-
a. The Adoption Society Report.
b. Original copy of the certificate declaring the child free for adoption.
c. Foster care and placement agreement.
d. Final letter of the police confirming the biological parent/s of the child have not been traced.
e.Order made by the court in care and Protection Case NO. 42 of 2019.
2. At the reading of this ruling, the applicant will be afforded an opportunity to provide by way of affidavit, the documents set out above and another date of judgment shall be scheduled.
RULING DATED AND DELIVERED AT KIAMBU THIS 21ST DAY OF FEBRUARY, 2022
MARY KASANGO
JUDGE
Coram:
Court Assistant:- Mourice
For the applicant: - N/A
COURT
RULING delivered virtually.
MARY KASANGO
JUDGE