[2015] KEHC 1714 (KLR)
The court found that Baby N M M was abandoned in Kenya and subsequently adopted by a Kenyan citizen. Under Article 14(4) of the Constitution, a child found in Kenya who appears to be less than eight years old and whose nationality and parents are unknown is presumed to be a Kenyan citizen by birth. The court noted...
Source-derived case information.
- Citation
- [2015] KEHC 1714 (KLR)
- Parties
- Applicant: S K N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 84 of 2008
- Procedural Posture
- Adoption Cause / Ruling on Chamber Summons for Declaration of Citizenship and Passport Issuance
- Outcome
- application allowed
- Judges
- LA Achode
- Legal Topics
- Adoption Orders, Child Citizenship, Best Interests of Child, Passport Issuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S K N
Applicant
Procedural Posture
Adoption Cause / Ruling on Chamber Summons for Declaration of Citizenship and Passport Issuance
Legal Issues
- 1 Whether the adopted child, Baby N M M, should be presumed to be a Kenyan citizen by birth under Article 14(4) of the Constitution.
- 2 Whether the Director of Immigration should be authorized to issue the child with a Kenyan passport.
Ratio Decidendi
The court found that Baby N M M was abandoned in Kenya and subsequently adopted by a Kenyan citizen. Under Article 14(4) of the Constitution, a child found in Kenya who appears to be less than eight years old and whose nationality and parents are unknown is presumed to be a Kenyan citizen by birth. The court noted that at the time of the original adoption order, such a declaration was not required, but it is now standard practice. The court concluded that it is in the best interest of the child to grant the declaration of citizenship by birth and to authorize the issuance of a Kenyan passport, thereby facilitating the child's rights and welfare.
Court Disposition
application allowed
Orders
- Baby N M M is presumed to be a Kenyan citizen by birth.
- The Director of Immigration is authorized to issue the child with a Kenyan passport.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 84 OF 2008 (O.S.)
IN THE MATTER OF BABY R M (NOW KNOWN AS N M M)
BY
IN THE MATTER OF THE CONSTITUTION OF KENYA ARTICLE 14(4)
AND
S K N…………………………………………APPLICANT
R U L I N G
1. The Applicant S K, has brought a chamber summons under Section 3Aof theCivil Procedure Act, the Constitution of Kenya Article 14(4) for orders that:
i. Baby N M M the child subject matter of this cause be presumed to be a Kenyan citizen by birth.
ii. The Director of Immigration be authorised to issue the child with a Kenya passport.
iii. The court be pleased to make any further orders it deems necessary.
2. The application is based on grounds that the child was found abandoned in Kenyatta National Hospital in Nairobi. The Applicant who is a Kenyan Citizen filed and obtained adoption orders for the child in 2009. The Ministry of Immigration has directed that the child will only be issued with a Kenyan passport after being declared a Kenyan citizen by birth. At the time the adoption cause was determined the court was not issuing such a declaration because it was not a requirement as is the norm now. It is stated that such declaration will be in the best interest of the child.
3. I have perused the record and note that on 4th December 2009, the Applicant came before Nambuye, J as she then was, seeking orders in terms of prayer 2, 3, 4 and 5 respectively of the Originating Summons dated 17th July 2008 and filed in court on 29th July 2008. The orders sought were as follows:
i. That the Applicant S K N be authorised to adopt R M (an infant).
ii. That should the adoption order be given the infant be known as N M M.
iii. That the consent of the biological parents of the infant be dispensed with.
iv. That the Applicant be at liberty to take the child out of the jurisdiction of this honourable court.
The said orders were granted. In the premise the court is pleased to grant the orders sought in the present application as follows:
i. That Baby N M M the child subject matter of this cause be presumed to be a Kenyan citizen by birth.
ii. That the Director of Immigration be authorized to issue the child with a Kenyan passport.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 23rd day of October 2015.
…………………………………….
L. A. ACHODE
JUDGE