In re Application for Adoption of D O A (minor) [2016] KEHC 483 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(FAMILY DIVISION)

ADOPTION CAUSE NO. 276 OF 2015

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF D O A

RULING

1. In the judgment I delivered on 20th May 2016 I stated that I was unable to grant the orders sought in the Originating Summons dated 11th November 2015 until I was satisfied that particulars withheld eferred to the same person.

2. An affidavit has been lodged here, on 5th August 2016, sworn on even date, by the male applicant, A J A O, where he avers that the two names refer to his former wife, now deceased, and that she used the names inter-changeably during the course of the marriage.

3. I note that although the male applicant asserts that as a fact, he has not provided any proof.  He has not attached any documents that would attest to that alleged fact.  It is not enough for him to state so on oath, he ought to provide proof thereof.  If the affidavit in question were to be of the woman in issue the court would be prepared to take the averments on their face value, but it is not.

4. I am not yet satisfied that particulars withheld refer to the same person.  Consequently, I am not yet persuaded that I should grant the orders sought.

DATED, SIGNED and DELIVERED at NAIROBI this 9TH DAY OF DECEMBER, 2016.

W. MUSYOKA

JUDGE