[2021] KEHC 2862 (KLR)
The court found that the ruling dated 24th November, 2020 contained an error in the date of abandonment and omitted the date of birth of Baby JW. Upon review of the filed documents, including the Child Welfare Society certificate and report, the court was satisfied that the correct date of abandonment was 23rd...
Source-derived case information.
- Citation
- [2021] KEHC 2862 (KLR)
- Parties
- Applicant: RWM; Respondent: Baby JW
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2017
- Procedural Posture
- Adoption Cause / Rectification Ruling Post Final Adoption Order
- Outcome
- Rectification granted; ruling corrected to reflect accurate date of abandonment and date of birth.
- Judges
- RM Mwongo
- Legal Topics
- Adoption Procedure, Rectification of Orders, Child Abandonment, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWM
Applicant
Baby JW
Respondent
Procedural Posture
Adoption Cause / Rectification Ruling Post Final Adoption Order
Legal Issues
- 1 Whether the court's previous ruling contained errors regarding the date of abandonment and the date of birth of the child.
- 2 Whether the court should rectify the ruling to include the correct date of abandonment and the date of birth of Baby JW.
Ratio Decidendi
The court found that the ruling dated 24th November, 2020 contained an error in the date of abandonment and omitted the date of birth of Baby JW. Upon review of the filed documents, including the Child Welfare Society certificate and report, the court was satisfied that the correct date of abandonment was 23rd October, 2011 and the date of birth was approximately 24th August, 2011. The court exercised its inherent power to rectify the ruling to accurately reflect these facts, ensuring the record is correct and in the best interests of the child.
Court Disposition
Rectification granted; ruling corrected to reflect accurate date of abandonment and date of birth.
Orders
- Paragraph 2 of the ruling is corrected to state the date of abandonment as 23rd October, 2011.
- It is ordered that Baby JW is deemed to have been born on 24th August, 2011 in Muthurwa, Nairobi County.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIVASHA
(CORAM: R. MWONGO, J)
ADOPTION CAUSE NO. 1 OF 2017
IN THE MATTER OF CHILDREN ACT
AND
IN THE MATTER OF THE ADOPTION OF BABY JW
RWM........................................................................................................APPLICANT
AND
BABY JW...........................................................................................................CHILD
RECTIFICATION RULING ON ADOPTION
1. An application for mention to inform the court that the Court’s Ruling of 24th November, 2020 had an error in the date of abandonment and also omitted to indicate the date of birth of the child Baby JW herein has been made.
2. In addition, the following errors are noted for correction in the said Ruling:
At Paragraph 2 the date of abandonment is indicated to be 23rd October, 2011.
3. A correction is hereby made to paragraph 2 of the Ruling by substituting Paragraph 2 in the date of abandonment therein with the following:
“The record shows that Baby JW was found abandoned on 23rd October, 2011 in the grass at [Particulars Withheld] Estate Block xx Nairobi. The report was made vide Police Occurrence Book OB xxxx at Kamukunji Police Station by one Tabitha Wangare. On 27th February, 2012, Baby JW was committed by Court Order as a child in need of care to Mama Ngina Children’s Home under Protection Care Case No. 13 of 2012 in SRM’s Court at Nairobi.”
4. Upon perusal of the said Ruling, I also confirm that the omission of the date of birth of Baby JW is indeed a fact and was inadvertent in light of the facts that.
a. The Certificate of the Child Welfare Society No. xxxx dated 1st June, 2012 Declaring a Child Free for Adoption indicates the Date of Birth of Baby JW as “App 24th August, 2011”. That Certificate was filed in court on 3rd September, 2020.
b. The Child Welfare Society of Kenya Report Declaring a Child Available for Adoption: Abandoned Baby Girl AKA Baby J AKA Baby JW dated 19th May, 2020 Ref CWSK/AD/xxxx/F.O.xxx was filed on 3rd September, 2020.
e. In light of the above, the court hereby orders, in addition to the Final Orders at Paragraph 21 (1) to (7) in the Ruling dated 24th November 2020, the following order:
“8. That Baby JW be and is hereby deemed to have been born on 24th August, 2011 in Muthurwa, Nairobi County.”
6. Orders accordingly.
DATED AND DELIVERED IN NAIVASHA BY TELECONFERENCE THIS 23RD DAY OF SEPTEMBER, 2021
R. MWONGO
JUDGE