[2022] KEHC 429 (KLR)
The court found that the applicant is the biological father and sole surviving parent of the minor, as confirmed by DNA evidence and a previous custody order. The inclusion of the applicant's name in the birth certificate is in the best interest of the child, as it affirms her right to identity and parental care....
Source-derived case information.
- Citation
- [2022] KEHC 429 (KLR)
- Parties
- Applicant: RMO; Respondent: Registration of Births and Deaths; Respondent: Department of Civil Registration; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause E027 of 2022
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Birth Registration, Parental Responsibility, Custody of Children, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RMO
Applicant
Registration of Births and Deaths
Respondent
Department of Civil Registration
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the applicant's name should be added to the minor's birth certificate as the father.
- 2 Whether such addition is in the best interest of the child.
Ratio Decidendi
The court found that the applicant is the biological father and sole surviving parent of the minor, as confirmed by DNA evidence and a previous custody order. The inclusion of the applicant's name in the birth certificate is in the best interest of the child, as it affirms her right to identity and parental care. The court relied on constitutional and statutory provisions prioritizing the welfare and best interests of the child, and found no opposition from the respondents. Therefore, the application to amend the birth certificate was allowed.
Court Disposition
application allowed
Orders
- The Principal Registrar of Births and Deaths is directed to correct the particulars in the child's birth certificate by including the name of the applicant as the father of the child.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
RMO v Registration of Births and Deaths & 2 others (Miscellaneous Cause E027 of 2022) [2022] KEHC 429 (KLR) (Family) (26 May 2022) (Ruling)
Neutral citation: [2022] KEHC 429 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Miscellaneous Cause E027 of 2022
AO Muchelule, J
May 26, 2022
IN THE MATTER OF THE CHILDREN ACT, NO. 8 OF THE LAWS OF KENYA AND IN THE MATTER OF INSERTION/ADDITION OF PARTICULARS IN THE BIRTH CERTIFICATE OF NC MINOR) AND IN THE MATTER OF REGISTRATION OF BIRTHS AND DEATH DEPARTMENT OF CIVIL REGISTRATION, NAIROBI
Between
RMO
Applicant
and
Registration of Births and Deaths
1st Respondent
Department of Civil Registration
2nd Respondent
Attorney General
3rd Respondent
Ruling
1. It is not in dispute that the minor NC was born on 26th May 2012 at the Kenyatta National Hospital. Its mother CCK died on 20th May 2014. The father RMO (the applicant) is therefore the only surviving parent. The issue of paternity was dealt with following DNA analysis by KEMRI whose results have been annexed as “RMD1”. The child was left with the grandparents, but following the applicant’s Children Cause No 932 of 2018 at the Children Court at Nairobi against them, the court granted the applicant legal and actual custody. He was ordered to take over full parental responsibility over the child, including its education. The grandparents were given access to the child.
2. The present originating summons by the applicant sought an order directing the Registrar of Births and Deaths and Department of Civil Registration (the 1st and 2nd respondents) to add his name in the child’s birth certificate as the father. At the time of the birth of the child only its mother’s name had been indicated.
3. I directed that the summons be served on the respondents and also on the Attorney General (3rd respondent) which was done. There was no response from them.
4. I consider that it is in the best interest of the child (under Article 53(2) of the Constitution and section 4(2) and (3) of the Children Act) to have the name of its father included in her birth certificate. She has a right to identify with the father.
5. Consequently, I allow the application and direct the Principal Registrar of Births and Deaths to correct the particulars in the child’s birth certificate by including the name of the applicant as the father of the child.
6. I make no order as to costs.
DATED AND DELIVERED AT NAIROBI THIS 26 TH DAY OF MAY 2022A.O. MUCHELULEJUDGE