In re S N H (Child) [2018] KEHC 3087 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

ADOPTION CAUSE NO. 252OF 2002

R G H.......................................................1ST APPLICANT

H C H......................................................2ND APPLICANT

AND

APPLICATION BY S N H..............APPLICANT/CHILD

RULING

1. The applicant, who is now an adult was adopted by the R G Hand H C H who are British citizenship, by an order of court made on 26th November, 2002.

2. By a chamber summons dated 24th August, 2018, the child prays for an order to authorize the Director of Immigration to issue her with a Kenyan Passport.

3. The applicant was found abandoned in Nairobi, Kenya and is by operation of Article 14 (4) of the Constitution presumed to be a Kenyan citizen by birth.

4. Consequently, I find and hold that this application has merit and it is allowed in the following terms:-

a. A declaration be and is hereby issued that the child is a Kenya citizen by birth as provided under Article 14 (4) of the Constitution and is entitled to rights of a citizen as provided under Article 12 (1) of the Constitution.

b. The Director of Immigration is hereby directed to issue the applicant/ child with a Kenyan Passport.

c. No order as to costs

DATED AND SIGNED AT KISUMU THIS 4th Day of October 2018

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant   - Felix

Applicants           -Mr Rogo