Case ID:173042

In re B (Baby) [2021] eKLR

Case Metadata

Case Number:

Adoption Cause 64 of 2018 (OS)

Parties:

In re B aka MIM (Baby)

Date Delivered:

25 Mar 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Aggrey Otsyula Muchelule

Citation:

In re B (Baby) [2021] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Adoption granted

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

ADOPTION CAUSE NO. 64 OF 2018 (OS)

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY B aka BABY MIM.

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

CWM........................................................................APPLICANT

JUDGMENT

1. On 28

th

October 29014 the Eldoret Children Court vide

Protection and Care Case No. [….]

committed Baby B to Lewa Children’s Home for a period of three (3) years. On 18

th

December 2014 Baby B was further committed to St. Thomas Barnados Children’s Home for three (3) years vide

Protection and Care Case No. [….].

2. This court on 14

th

November 2019 delivered its judgment in which it directed the applicant to give a satisfactory explanation on the existence of the two committal orders. The court observed as follows:-

“There is no evidence that the order in Protection and Care Case No. [….] was revoked, and therefore the child was not available to be committed in the second order.”

3. There has been no explanation, either by the Children Court or by the Children Officer, why the two committal orders became necessary. One committal order indicated the child was one year while the other indicated the child was 3 years. They were both issued in 2014.

4. I consequently will not allow this adoption. I direct the Director of Children Services to collect the child the applicant is having and deal with the matter in accordance with the law.

DATED and SIGNED at NAIROBI this 25

TH

day of MARCH 2021.

A.O. MUCHELULE

JUDGE