[2019] KEHC 12081 (KLR)
The court declined to grant the substantive prayers sought by the applicants because the application was improperly brought by the adopted children rather than their adoptive parents, who were the parties to the original adoption proceedings in Mumbai. The judge held that for recognition of a foreign adoption order...
Source-derived case information.
- Citation
- [2019] KEHC 12081 (KLR)
- Parties
- Applicant: SSS; Applicant: NSS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 90 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application
- Outcome
- Application not granted; applicants directed to amend application to substitute adoptive parents as applicants.
- Legal Topics
- Adoption Recognition, Citizenship Status, International Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SSS
Applicant
NSS
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the adoption orders issued in Mumbai, India, in 1998 and 2001 should be recognized under Kenyan law.
- 2 Whether the applicants should be accorded all rights as Kenyan citizens based on the foreign adoption.
- 3 Whether the Department of Immigration should be directed to issue Kenyan identity documents to the applicants.
Ratio Decidendi
The court declined to grant the substantive prayers sought by the applicants because the application was improperly brought by the adopted children rather than their adoptive parents, who were the parties to the original adoption proceedings in Mumbai. The judge held that for recognition of a foreign adoption order in Kenya, the application must be made by the adoptive parents, as they are the proper parties to seek such recognition. The court directed that the application be amended to substitute the applicants with their adoptive parents, thereby ensuring that the correct parties are before the court for the recognition process. The ruling did not address the merits of the recognition...
Court Disposition
Application not granted; applicants directed to amend application to substitute adoptive parents as applicants.
Orders
- The applicants are directed to amend the application to substitute themselves with their adoptive parents.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISCELLANEOUS APPLICATION NO. 90 OF 2019
IN THE MATTER OF SSS AND NSS
RULING
1. The Applicants SSS and NSS have filed this Notice of Motion dated 28. 5.2019 seeking the following prayers:
(i) THAT this Honorable Court do issue an order stating that the Adoption of the Applicants herein that was issued in Mumbai India on 2nd December 1998 and 15th March 2001 be and is hereby recognized in Kenya under the Kenyan Laws.
(ii) THAT this Honorable Court do issue an order stating that the Applicants herein should be accorded all rights as Kenyan Citizens as the applicants herein who are SSS and NSS were adopted by Kenyan parents in 1998 and 2001 respectively and have been living in Kenya since then.
(iii) THAT further to the above, this Honorable Court do issue an order that recognizes the Applicants herein as Kenyan Citizens.
(iv) THAT in addition or as alternative to the above, this Honorable Court do direct the Department of Immigration to issue a Kenyan Identity Card and a Kenyan Passport to the Applicants herein.
(v) THAT the costs of this Application be in the Cause.
2. The Application is supported by the Affidavit of the 1st Applicant of even date in which she has deposed that she is the daughter of SLS and PSS who adopted her through a suit filed in MUMBAI IN 1998.
3. The Applicant also deposed that her parents moved to Kenya when she was about 6 months and she has been living with her parents in Kenya since that time.
4. The Applicant further stated in her affidavit that she recently visited the Immigration Department in Nairobi and she was informed that the Immigration Department does not recognize her documents from Mumbai and she now filed the said document in this Court seeking to have the adoption recognized.
5. However, it is not the Applicants who obtained the orders in Mumbai and it is not clear from the Application why the parents of the applicant cannot move the Court for recognition of the Mumbai adoption documents.
6. I accordingly direct that the Applicants amend the Application herein to substitute the Applicants with their adoptive parents.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 22NDDAY OF NOVEMBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.