[2018] KEHC 7261 (KLR)
The court declined to grant the adoption order because the male applicant is a foreign national, and the application is therefore subject to the 2015 moratorium on foreign and resident adoptions declared by the state. The moratorium precludes the court from granting the orders sought, regardless of the applicants'...
Source-derived case information.
- Citation
- [2018] KEHC 7261 (KLR)
- Parties
- Applicant: [Names Withheld]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 99 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Children, Intercountry Adoption, Adoption Moratorium
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Names Withheld]
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the court can grant an adoption order where one applicant is a foreign national in light of the 2015 moratorium on foreign and resident adoptions.
Ratio Decidendi
The court declined to grant the adoption order because the male applicant is a foreign national, and the application is therefore subject to the 2015 moratorium on foreign and resident adoptions declared by the state. The moratorium precludes the court from granting the orders sought, regardless of the applicants' compliance with other procedural requirements. The right of appeal is preserved for the applicants within 28 days.
Court Disposition
application dismissed
Orders
- The application for adoption is declined.
- Right of appeal within 28 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 99 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY S S
JUDGEMENT
1. The applicants herein are husband and wife, having gone through a civil ceremony of marriage at the Registry of Marriages in Nairobi on 5th September 2009.
2. The female applicant is Kenyan by birth, while the male applicant is a foreign national working in the Middle East.
3. It would appear to me, to the extent that the male applicant is a foreigner, that the application before me is one of those caught up in the moratorium declared by the state in 2015 over foreign and resident adoptions.
4. I shall accordingly decline to grant the orders sought in the Originating Summons dated 25th June 2017. There is right of appeal within 28 days.
DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF APRIL, 2018.
W. MUSYOKA
JUDGE