[2022] KEHC 16393 (KLR)
The court found that the subject of the adoption proceedings, WK, had attained the age of eighteen on April 14, 2022, and therefore no longer qualified as a child under the Children Act. Since the statutory definition of a child is an individual under eighteen years, and the law only permits adoption orders for...
Source-derived case information.
- Citation
- [2022] KEHC 16393 (KLR)
- Parties
- Applicant: MA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E051 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application dismissed
- Judges
- MA Odero
- Legal Topics
- Adoption Proceedings, Definition of Child, Age of Majority, Adoption Order Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
MA
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the court can grant an adoption order in respect of a person who has attained the age of eighteen years.
- 2 Whether the applicant meets the statutory requirements for adoption under the Children Act.
Ratio Decidendi
The court found that the subject of the adoption proceedings, WK, had attained the age of eighteen on April 14, 2022, and therefore no longer qualified as a child under the Children Act. Since the statutory definition of a child is an individual under eighteen years, and the law only permits adoption orders for children, the court held that it lacked jurisdiction to grant the adoption order. The application was thus dismissed as it had been overtaken by events, with the subject now being an adult.
Court Disposition
application dismissed
Orders
- The application for adoption is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
In re WK (Child) (Adoption Cause E051 of 2022) [2022] KEHC 16393 (KLR) (Family) (16 December 2022) (Judgment)
Neutral citation: [2022] KEHC 16393 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E051 of 2022
MA Odero, J
December 16, 2022
IN THE MATTER OF CHILDRENS ACT NO 8 OF 2001 AND IN THE MATTER OF APPLICATION FOR ADOPTION OF WK BY MA ..………............................... APPLICANT
Judgment
1. Before this court is the originating summons dated April 11, 2022 by which the applicant MA seek the following orders:-“1. That the applicant MA be and is hereby authorized to adopt WK and the childs name shall remain WKW.
2. That AWM be an is hereby appointed legal guardian of the child in the event a misfortune befalls the applicant rendering her unavailable or incapable of taking care of the child.
3. That the child was born in Kenya of Kenyan parents and is therefore Kenyan by birth is entitled to a Kenyan passport.”
2. The application was supported by the statement of even date sworn by the applicant. The matter was canvassed by way of written submissions on the virtual platform.
Analysis and Determination 3. I have carefully considered this application for adoption, the evidence adduced in support thereto as well as the various reports filed in court.
4. The applicant seeks to adopt the ‘child’ known as WKW. The said ‘child’ is her nephew who was orphaned following the death of both his parents.
5. Section 183 (1) of the Children Act 2022 which deals with adoption provides as follows:-“(183)(1)Subject to this act, the High court may on an application made in the prescribed form, make an order, in this Act referred to as “adoption order” authorizing the applicant to adopt a ‘child’.
6. The Children Act 2022 defines a ‘child’ in section 2 of said Act as follows:-“Child” means an individual who has not attained the age of eighteen years. (own emphasis)
7. The Subject of these adoption proceedings. The subject was born on April 14, 2004. A copy of his birth certificate serial number XXXX annexed to the summons (Annexture ‘10 (a)’).
8. The Subject therefore attained the age of eighteen (18) on April 14, 2022. In the circumstances, he does quality as a child under the definition given in the Children Act. No adoption order maybe made by this court in respect of a person who is above the age of eighteen (18) years.
9. Accordingly, I find that this application has now been overtaken by events as the subject has now attained the age of majority.
10. For the above reasons, I hereby dismiss this application for adoption and I make no order on costs.
DATED IN NAIROBI THIS 16TH DAY OF DECEMBER, 2022. …………………………………..MAUREEN A. ODEROJUDGE