[2024] KEHC 4036 (KLR)

[2024] KEHC 4036 (KLR)

The application for adoption was declined because the applicants failed to comply with the mandatory requirements of the Children Act No. 29 of 2022. Specifically, they did not demonstrate that the Council had declared the child free for adoption as required by section 184(1)(a), nor did they provide adequate information regarding the minor's parents or their views on the adoption. The court emphasized that strict compliance with the statutory provisions is necessary for the grant of adoption orders. The deficiencies in the application rendered it fatally defective, but the court indicated that the application could be revived if the applicants strictly comply with the Act.

Citation
[2024] KEHC 4036 (KLR)
Parties
Applicant: PAO; Applicant: FYA
Court
High Court
Court Station
High Court at Homa Bay
Jurisdiction
Kenya
Judgment Date
25 April 2024
Case Number
Adoption Cause E001 of 2024
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Outcome
application declined
Judges
KW Kiarie
Legal Topics
Adoption Procedure, Statutory Compliance, Child Welfare
Source Language
English
Family and Children Adoption Procedure Statutory Compliance Child Welfare

Case Brief

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Parties

PAO

Applicant

FYA

Applicant

Procedural Posture

Adoption Cause / Ruling on Originating Summons

Legal Issues

  1. 1 Whether the applicants have complied with the statutory requirements for adoption under the Children Act No. 29 of 2022.
  2. 2 Whether the minor has been declared free for adoption by the Council as required by law.
  3. 3 Whether sufficient details regarding the minor's parents and their input in the adoption have been provided.

Ratio Decidendi

The application for adoption was declined because the applicants failed to comply with the mandatory requirements of the Children Act No. 29 of 2022. Specifically, they did not demonstrate that the Council had declared the child free for adoption as required by section 184(1)(a), nor did they provide adequate information regarding the minor's parents or their views on the adoption. The court emphasized that strict compliance with the statutory provisions is necessary for the grant of adoption orders. The deficiencies in the application rendered it fatally defective, but the court indicated that the application could be revived if the applicants strictly comply with the Act.

Court Disposition

application declined

Orders

  • The application for adoption is declined for non-compliance with the Children Act No. 29 of 2022.
  • The applicants may reapply upon strict compliance with the Act.