[2012] KEHC 1688 (KLR)
The court found that the only evidence of means produced was a payslip for the 2nd applicant, despite claims of property ownership and development. Contradictions in the reports by the Guardian ad Litem and the Director of Children’s Services regarding the applicants' residential property further undermined the...
Source-derived case information.
- Citation
- [2012] KEHC 1688 (KLR)
- Parties
- Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 227 of 2011
- Procedural Posture
- Adoption Cause / Ruling on Sufficiency of Evidence Prior to Judgment
- Outcome
- judgment deferred pending further affidavit
- Judges
- CN Mugo
- Legal Topics
- Adoption Procedure, Assessment of Means, Guardian Ad Litem Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
Procedural Posture
Adoption Cause / Ruling on Sufficiency of Evidence Prior to Judgment
Legal Issues
- 1 Whether the applicants have provided sufficient evidence of their financial means and living conditions to satisfy the requirements for adoption.
- 2 Whether contradictions in the reports regarding the applicants' residential property affect the court's ability to render judgment.
Ratio Decidendi
The court found that the only evidence of means produced was a payslip for the 2nd applicant, despite claims of property ownership and development. Contradictions in the reports by the Guardian ad Litem and the Director of Children’s Services regarding the applicants' residential property further undermined the sufficiency of evidence. As a result, the court was not satisfied as to the applicants’ financial status and living conditions, which are mandatory considerations under the Children Act before an adoption order can be made. The court therefore deferred judgment and directed the applicants to file a further affidavit detailing their assets, income, and residential status.
Court Disposition
judgment deferred pending further affidavit
Orders
- Applicants to file a further affidavit as to their assets, income, and residential status.
- Judgment is deferred until the court is satisfied with the evidence provided.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 227 of 2011
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IN THE MATTER OF BABY AC ALIAS KN
RULING
1. The applicant’s Originating Summons was heard on 22nd June 2012 and the judgement reserved for 21st September 2012. The same has unfortunately been delayed for reasons that the trial judge has been preparing for vetting by the Judges and Magistrates Vetting Board.
2. In the course of writing the judgements it has come to my notice that the only evidence of means produced by the applicants is a copy of the 2nd applicants payslip of August 2011, yet the applicants are said to own immovable property, that they live in their own home and are in the process of developing residential units for rental purposes.
3. I have also noted a contradiction in the reports filed by the Guardian ad Litem and the Director of Children’s services regarding the particulars of their residential property.
4. In the circumstances I am unable to render a judgement in this adoption at this stage, not being satisfied of the applicants’ financial status and living conditions.
5. I direct that they do file further affidavit as to their assets, income and residential status for considerations. Pending the filing of the said affidavit, the judgement is deferred.
DATED, SIGNED and DELIVERED at NAIROBIthis 11th DAY OF October, 2012.
M.G. MUGO
JUDGE
In the presence of :
for the applicant.