[2013] KEHC 6194 (KLR)
The court determined that the inconsistency in the gender identification of the child in the Director of Children Services' report is a material issue that must be resolved before the adoption application can be considered. The court cannot proceed to grant the adoption order until it is clear whether the child is...
Source-derived case information.
- Citation
- [2013] KEHC 6194 (KLR)
- Parties
- Applicant: S M K; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 190 of 2011
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Preliminary Issue
- Outcome
- adjourned for clarification of material facts
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Children Act, Gender Identification, Adoption Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M K
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Interlocutory Ruling on Preliminary Issue
Legal Issues
- 1 Whether the gender of the child sought to be adopted has been properly identified in the adoption proceedings.
- 2 Whether the adoption application can proceed in light of the inconsistency in the Director of Children Services' report.
Ratio Decidendi
The court determined that the inconsistency in the gender identification of the child in the Director of Children Services' report is a material issue that must be resolved before the adoption application can be considered. The court cannot proceed to grant the adoption order until it is clear whether the child is male or female, as this is fundamental to the identity of the subject of the proceedings. The applicant is therefore directed to address and clarify the gender issue within thirty days, after which the matter will be mentioned for further directions.
Court Disposition
adjourned for clarification of material facts
Orders
- The applicant is granted thirty (30) days to clarify the gender of the child sought to be adopted.
- The case shall be mentioned after thirty (30) days for further orders.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 190 OF 2011 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY E M K (MINOR)
RULING/DIRECTIONS
S M K is a single applicant, who is Kenyan citizen. She seeks to adopt a Kenyan child, known for the purposes of these proceedings as Baby E M K (minor). Her Originating Summons is dated 29th September 2011.
The report of the Director of Children Services dated 26th March 2013 is mixed up as to the gender of the child sought to be adopted. Parts of the report refer to the minor as female, while other parts talk of a male child. This matter should be dealt with first before I can consider whether or not to grant the Originating Summons.
The applicant is granted thirty (30) days to sort out the matter. The case shall be mentioned after thirty (30) days for further orders.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20th DAY OF June, 2013.
W. MUSYOKA
JUDGE