In re JJ alias JDM (Minor) [2023] KEHC 26807 (KLR)

In re JJ alias JDM (Minor) (Adoption Cause 3 of 2020) [2023] KEHC 26807 (KLR) (18 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26807 (KLR)

Republic of Kenya

In the High Court at Kisumu

Adoption Cause 3 of 2020

RE Aburili, J

December 18, 2023

Between

HMK

1st Applicant

JLM

2nd Applicant

and

JJ alias JDM

Minor

Ruling

1. I have considered the application dated 15th November 2023 under certificate of urgency. I have considered the grounds in support, the supporting affidavit and the annextures thereto.

2. I find the application urgent deserving to be considered expeditiously and exparte as the proceedings are not contested ones. I certify the application as urgent.

3. I have also considered the merits of the application which seeks to recall the adoption order issued on 12th March 2021 and reviewing it to include the place of birth of the adopted minor J.J alias J.D.M.

4. I have perused the adoption order made on 12th March 2021 and indeed, it does not state the place of birth of the minor so that the Registrar of Births can input in the Birth Certificate/Adoption Register for the child.

5. I find that no prejudice will be occasioned to the child if the application is granted.

6. I allow the application and review the adoption order made on 12th March 2021. The said adoption order is hereby amended to include the place of birth of the minor being [particulars withheld] village within Kisumu County.

7. The amendments shall be contained in the schedule in column 1 which shall now read ‘Date and Place’ of birth [particulars withheld] 2017, at [particulars withheld] village within Kisumu County.

8. An amended Adoption order to issue forthwith and supplied to the applicant.

9. This file is now closed.

10. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE