[2020] KEHC 6614 (KLR)
The court determined that the Originating Summons was procedurally defective because it sought the adoption of two children in a single cause, contrary to established practice that requires a separate cause for each child. As a result, the matter could not be disposed of in its current form. The court directed the...
Source-derived case information.
- Citation
- [2020] KEHC 6614 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2019
- Procedural Posture
- Adoption Cause / Ruling on Procedural Irregularity
- Outcome
- Application not disposed of; applicant directed to file separate causes for each child.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Joinder of Parties, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Adoption Cause / Ruling on Procedural Irregularity
Legal Issues
- 1 Whether two children can be adopted under a single adoption cause.
- 2 Whether the current proceedings are properly constituted.
Ratio Decidendi
The court determined that the Originating Summons was procedurally defective because it sought the adoption of two children in a single cause, contrary to established practice that requires a separate cause for each child. As a result, the matter could not be disposed of in its current form. The court directed the applicant to file two separate causes, one for each child, before the matter could proceed. The court also noted the use of online delivery of the ruling in compliance with COVID-19 restrictions and relevant constitutional and statutory provisions promoting access to justice and the use of technology.
Court Disposition
Application not disposed of; applicant directed to file separate causes for each child.
Orders
- The applicant is directed to cause two separate adoption causes to be opened for the two children.
- The matter may be mentioned thereafter for further directions on a date to be obtained at the registry.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
ADOPTION CAUSE NO. 7 OF 2019
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF DOJ AND COJ
RULING
1. In the course of preparing the judgment in this cause, it dawned that the Originating Summons dated 20th November 2019, seeks adoption of two children, instead of one.
2. There should be only one adoption cause for each individual child. The matter as framed cannot be disposed of.
3. Consequently, I hereby direct the applicant to cause two separate causes to be opened for the two children. The matter can be mentioned thereafter for further directions, on a date to be obtained at the registry.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 30TH DAY OF APRIL, 2020
W. MUSYOKA
JUDGE
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic, and in light of the directions issued by His Lordship, the Chief Justice, on 15th March 2020, this ruling/judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159 (2) (d) of the Constitution which requires the court to eschew technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act, Cap 21, Laws of Kenya, which impose on this court the duty to use, inter alia, suitable technology to enhance the overriding objective, which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
W. MUSYOKA
JUDGE