[2022] KEHC 11007 (KLR)
The court found that although the issues raised by the applicants regarding the paternity and adoption status of CWK and BKK are weighty and relevant to the pending succession dispute, it would be contrary to the principles of natural justice and the constitutional right to privacy to order the release of such...
Source-derived case information.
- Citation
- [2022] KEHC 11007 (KLR)
- Parties
- Applicant: MKK; Applicant: ANK; Applicant: AWK; Respondent: Registrar General, Office of the Attorney General; Respondent: Director General, Directorate of Immigration Services; Respondent: Cabinet Secretary Ministry of Foreign Affairs
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E007 of 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion for Disclosure and Stay
- Outcome
- application disallowed; interim orders vacated; costs in the cause
- Judges
- HK Chemitei
- Legal Topics
- Succession Disputes, Paternity Records Disclosure, Adoption Status, Privacy Rights
- 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
MKK
Applicant
ANK
Applicant
AWK
Applicant
Registrar General, Office of the Attorney General
Respondent
Director General, Directorate of Immigration Services
Respondent
Cabinet Secretary Ministry of Foreign Affairs
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion for Disclosure and Stay
Legal Issues
- 1 Whether the respondents should be compelled to supply paternity and adoption records of CWK and BKK to the applicants.
- 2 Whether the proceedings in Nakuru cmcc succession cause No E47 of 2021 should be stayed pending such disclosure.
- 3 Whether releasing such records without enjoining the affected parties violates principles of natural justice and privacy.
Ratio Decidendi
The court found that although the issues raised by the applicants regarding the paternity and adoption status of CWK and BKK are weighty and relevant to the pending succession dispute, it would be contrary to the principles of natural justice and the constitutional right to privacy to order the release of such sensitive records without enjoining CWK, BKK, and their mother as parties to the application. Their exclusion deprived them of the opportunity to be heard before their personal information could be disclosed. The court held that such disclosure would amount to an intrusion into their privacy, which is protected by the Constitution. Consequently, the application was disallowed and...
Court Disposition
application disallowed; interim orders vacated; costs in the cause
Orders
- The application dated February 14, 2022 is disallowed.
- The temporary orders earlier issued are vacated.
Full Case Text
Judgment text and source record
35 paragraphs
MKK & 2 others (Administrators of the Estate of the Late PAW Deceased) v Registrar General, Office of the Attorney General & 2 others (Miscellaneous Civil Application E007 of 2022) [2022] KEHC 11007 (KLR) (23 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11007 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Civil Application E007 of 2022
HK Chemitei, J
June 23, 2022
Between
MKK
1st Applicant
ANK
2nd Applicant
AWK
3rd Applicant
Administrators of the Estate of the Late PAW Deceased
and
Registrar General, Office of the Attorney General
1st Respondent
Director General, Directorate of Immigration Services
2nd Respondent
Cabinet Secretary Ministry of Foreign Affairs
3rd Respondent
Ruling
1. In their notice of motion dated February 14, 2022 the applicants pray for orders that;a.The 1,2, and 3rd respondents do avail before this court and supply to the applicants with paternity records both biological and adoption of CWK of Kenyan identity card No xxxxxxxx and BKK of Kenyan identity card No xxxxxxxx if any.b.There be stay of proceedings in Nakuru cmcc succession cause No E47 of 2021 pending compliance with (a) above.
2. The application is supported by the sworn affidavit of Mathew Kamau Kamanu sworn on the even date. The application was not opposed by the respondent’s despite being served.
3. The gist of the matter here is that the late PAW hereby referred to the deceased died on September 25, 2018 and was the biological brother of the applicants.
4. CWK and BKK according to the applicants claim to be the biological children of the deceased and one TN their mother. The two have since been adopted to a German citizen one K although they do not have the full details. Their mother was married to the said K and therefore they are his step children.
5. The genesis therefore of this matter is the succession dispute namely No E47 of 2021 in respect to the deceased estate now pending at the lower court. The said children have objected to the same and in their view they are not the beneficiaries of the estate having been adopted.
6. They sought details of their paternity from the respondents to no avail. The respondents demanded for a court order so that they could comply.
7. The court issued a temporary order stopping the proceedings at the lower court and directed that the respondents be served. When the matter came up for interpartes hearing the applicants filed an affidavit of service which indicated that the respondents had been served.
8. Essentially therefore there was no objection to the application. The court has however read the application, the attached annexures and the supporting affidavit.
9. It appears clearly that the question is whether the two are the deceased children or they were adopted by the said K. They have however not been included as parties in the application. Neither has their mother been made a party.
10. In my considered view, though the issues are clear and of course weighty, there was need for the said persons to be enjoined in the application. It would be against the tenets of natural justice to have their records released by the respondents to this court without their input and or knowledge. Actually it will be intruding in their privacy which is jealously guarded by our progressive Constitution.
11. In the premises, and for the above reasons the application is disallowed the temporary orders earlier issued are vacated. Costs in the cause.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 23RD DAY OF JUNE 2022. H K CHEMITEI.JUDGE