[2017] KEHC 6167 (KLR)
The court held that the Director of Children Services' report, while useful, is not a mandatory prerequisite for the hearing of an adoption cause. Since the case was filed before the moratorium and the Director failed to provide any explanation for not filing the report, and as no prejudice would be caused to the...
Source-derived case information.
- Citation
- [2017] KEHC 6167 (KLR)
- Parties
- Applicant: DEH; Applicant: J M H; Respondent: Director of Children Services, Ministry of Labour, Social Security and Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 177 of 2014
- Procedural Posture
- Adoption Cause / Ruling on Interlocutory Application
- Outcome
- Application allowed. Prayer to dispense with Director's report granted. Originating Summons to be set down for hearing. Costs in the cause.
- Legal Topics
- Adoption Procedure, Children Act, Dispensation of Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DEH
Applicant
J M H
Applicant
Director of Children Services, Ministry of Labour, Social Security and Services
Respondent
Procedural Posture
Adoption Cause / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the court can dispense with the assessment report by the Director of Children Services in an adoption cause.
- 2 Whether the cause should be certified ready for hearing without the Director's report.
Ratio Decidendi
The court held that the Director of Children Services' report, while useful, is not a mandatory prerequisite for the hearing of an adoption cause. Since the case was filed before the moratorium and the Director failed to provide any explanation for not filing the report, and as no prejudice would be caused to the parties, the court allowed the application to dispense with the report. The court will rely on other available reports and its own interview of the applicants to assess their fitness to adopt. The application to dispense with the Director's report was granted and the matter was certified ready for hearing.
Court Disposition
Application allowed. Prayer to dispense with Director's report granted. Originating Summons to be set down for hearing. Costs in the cause.
Orders
- The requirement for an assessment report by the Director of Children Services is dispensed with.
- The Originating Summons is to be set down for hearing.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.177 OF 2014
IN THE MATTER OF THE CHILDREN, 2001
AND
IN THE MATTER OF AN ADOPTION OF BABY VW (CHILD)
DEH &
J M H....................................APPLICANTS
RULING
I have considered the applicant’s application dated the 10/2/16. The applicant seeks the following orders;
i. That the assessment by the Director of Children Services, Ministry of Labour, Social Security and Services to investigate the applicants’ fitness to adopt be dispensed with.
ii. That the cause be certified to be ready for hearing of the Originating Summons application herein.
The Director of Children’s Services was served and did not respond. The Director’s report is not a mandatory requirement, though it helps the court in assessing the applicant’s fitness in adopting a child.
The case before this court was filed before the Moratorium on the 9/7/14. The office of the Director of Children’s Services has failed to explain why they cannot tender a report.
No prejudice will be caused if the report is not filed as the court will consider the facts on the other availed reports and its interview of the applicants in court. I therefore allow the application dated the 10/2/16. Prayer no. 1 is granted. The Originating Summons to be set down for hearing. Costs be in the cause.
Dated signed and delivered this 24th of day February 2017.
R.OUGO
JUDGE
In the presence of:
Absent For the Applicants
M/s Charity Court/ clerk