[2012] KEHC 1709 (KLR)
The court cannot proceed to judgment in an adoption cause without being satisfied, on the basis of documentary evidence, that the applicant has the financial means to provide for the child. The absence of an affidavit of means and supporting documentation is a critical omission, as the welfare of the child is...
Source-derived case information.
- Citation
- [2012] KEHC 1709 (KLR)
- Parties
- Applicant: M/s.[......]mills; Respondent: Director of Children’s Services; Respondent: Guardian ad Litem
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 242 of 2011
- Procedural Posture
- Adoption Cause / Ruling on Sufficiency of Applicant's Financial Disclosure Prior to Judgment
- Outcome
- judgment deferred pending further evidence
- Judges
- CN Mugo
- Legal Topics
- Adoption Procedure, Affidavit of Means, Child Welfare Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M/s.[......]mills
Applicant
Director of Children’s Services
Respondent
Guardian ad Litem
Respondent
Procedural Posture
Adoption Cause / Ruling on Sufficiency of Applicant's Financial Disclosure Prior to Judgment
Legal Issues
- 1 Whether the applicant has provided sufficient evidence of financial means to support the adoption of the child.
- 2 Whether the court can proceed to judgment without documentary proof of the applicant's employment and income.
Ratio Decidendi
The court cannot proceed to judgment in an adoption cause without being satisfied, on the basis of documentary evidence, that the applicant has the financial means to provide for the child. The absence of an affidavit of means and supporting documentation is a critical omission, as the welfare of the child is paramount and the court must ensure that the applicant is capable of meeting the child's needs. Accordingly, the court orders the applicant to file an affidavit of means with the requisite documentary evidence before judgment can be delivered.
Court Disposition
judgment deferred pending further evidence
Orders
- The applicant shall file an affidavit of means with requisite documentary evidence annexed.
- Judgment is deferred pending the filing of the said documentation.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 242 of 2011
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IN THE MATTER OF BABY C. M.
RULING
1. In the course of writing the judgement herein, the court has observed that the applicant has neither declared her financial standing, nor has she produced any documentary proof that she is employed by M/s.[......]mills and earns a gross salary of Kshs.400,000/= or a net of Kshs. 240,000/= as indicated in the reports filed by the Director of Children’s Services and the Guardian ad Litem respectively.
2. The above evidence is vital in determining whether the applicant has the means to bring up the adoptive child and to provide for her in the best way possible.
3. I order that an affidavit of means be filed with the requisite documentary evidence being annexed.
4. Pending the filing of the said documentation the judgement herein is deferred.
5. Orders accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 19th DAY OF October, 2012.
M.G. MUGO
JUDGE
In the presence of :
Mr. Wilson K. holding brief for Mr. Ojienda for the applicants.