[2016] KEHC 5234 (KLR)
The court found that, despite the death of the second applicant, it is in the best interests of the child for the adoption application to proceed as originally filed. The Director of Children Services did not object to the application, and the applicant demonstrated a continued commitment to the child's welfare. The...
Source-derived case information.
- Citation
- [2016] KEHC 5234 (KLR)
- Parties
- Applicant: GKN; Applicant: EG (deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 241 of 2011
- Procedural Posture
- Adoption Cause / Interlocutory Application Ruling
- Outcome
- Application to proceed with adoption in absence of deceased applicant allowed.
- Legal Topics
- Adoption Procedure, Death of Applicant, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GKN
Applicant
EG (deceased)
Applicant
Procedural Posture
Adoption Cause / Interlocutory Application Ruling
Legal Issues
- 1 Whether the adoption application can proceed in the absence of the second applicant who is deceased.
- 2 Whether it is in the best interests of the child to allow the application to proceed.
Ratio Decidendi
The court found that, despite the death of the second applicant, it is in the best interests of the child for the adoption application to proceed as originally filed. The Director of Children Services did not object to the application, and the applicant demonstrated a continued commitment to the child's welfare. The court exercised its discretion to allow the matter to proceed, reserving other prayers for the main hearing.
Court Disposition
Application to proceed with adoption in absence of deceased applicant allowed.
Orders
- The adoption application shall proceed as is before court in the absence of the second applicant who has since passed on.
- Prayer no. 2 of the application shall be dealt with at the main hearing.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 241 OF 2011
IN THE MATTER OF THE CHILDREN ACT AND
IN THE MATTER OF BABY L AND BABY AW (INFANT)
GKN……..……………………………...APPLICANT
RULING
GKN and the late EG who passed on the 13/9/15 are applicants in this adoption cause, seeking to adopt baby LI. The applicant GK through a notice of motion dated the 14/10/15 seeks to have the adoption application proceed as is before court in the absence of the 2nd applicant who has since passed on. In his affidavit in support of the application on the applicant states that his late wife loved the child dearly and that it is his desire that the process continues.
I have read the Director of children Services report dated 25/2/16 on his application. The director has no objection to the applicant’s application. It is sad that the 2nd applicant passed on, considering the best interest of the child I shall allow the application to proceed as is before court in the absence of the 2nd applicant who has since passed on prayer no. 2 of the application shall be dealt with at the main hearing. Costs shall be in the cause. It is so ordered
Dated signed and delivered this 8th Day of April 2016.
R. E. OUGO
JUDGE
In the Presence of:
……………………………….…………………….….……….For the Applicant.
Charity Court Clerk.