In re Adoption of PM aka EB [2024] KEHC 14143 (KLR)

In re Adoption of PM aka EB (Adoption Cause E010 of 2024) [2024] KEHC 14143 (KLR) (8 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14143 (KLR)

Republic of Kenya

In the High Court at Kisumu

Adoption Cause E010 of 2024

MS Shariff, J

November 8, 2024

IN THE MATTER OF ADOPTION OF: PRECIOUS MUSIMBI AKA ELYSE BUNAYI

In the matter of

Geofrey Aura Asikoyo

1st Applicant

Elizabeth Amondi Agutu

2nd Applicant

Ruling

1. I have perused the chamber summons dated 11th October 2024, the affidavit by Laura Anzenza the proposed guardian, her consent, both undated, the supporting affidavit of Geofrey Aura Asikoyo and Elizabeth Amondi Agutu sworn jointly on 14th October 2024, the originating summons dated 11th October 2024, the affidavit of means of the Applicants Geoffrey Asikoyo and Elizabeth Amondi Agutu sworn jointly on 14th October 2024 and I do find that the two applications are fatally and incurably defective for reason that in the chamber summons it is unknown as to when the proposed guardian Laura Anzenza swore her affidavit and gave her consent, whilst as regards the originating summons the same is supported by a future affidavit.

2. Premised upon the finding made hereinabove I do find that the application herein and the originating summons are fatally and incurably defective wherefore I hereby strike the two applications out with no orders as to costs.

3. This file is marked as closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 8THDAY OF NOVEMBER, 2024. M. S. SHARIFFJUDGE