In re V alias V (Child) [2016] KEHC 6078 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI

MISC.  ADOPTION CAUSE NO. 3 OF 2016

N A D……………………………………. 2ND APPLICANT

RULING

The Court Order by Honorable RM Joshi made in the District Court at Pune in the Republic of India lodged in this Court is adopted as an order of this Honorable Court.

The Child with the new name is granted a Kenyan Passport.

The child was adopted by the Applicants as evidenced by the Court Order of the Honorable R.M. Joshi, In Miscellaneous Application 37 of 2011 in the District Court of Pune, India. There is also attached a No Objection Certificate from the Central Adoption Resource Authority within the Ministry of Women & Child Development in the Government of India dated 1st December 2010 confirming the Applicants as adoptive parents of the Child V born on 2nd September, 2009 in the State of Maharashtra.

The Applicants attached their Kenyan citizenship certificates issued 1995 and 2004 respectively, copies of their Identity cards and a copy of the child’s dependent’s pass.

‘’Subject to this Section a judgment of a designated court shall be recognized in any court in Kenya as conclusive between the parties thereto as to the matter adjudicated upon in all proceedings’’

‘’Where a person has been adopted  (whether before or after the commencement of this act)  in any place and the adoption is one to which this Section applies then for the purpose of this Act and all other written Laws the Adoption shall have the same effect as an adoption order validly made under this act and shall have no other effect.

Subsection (1) shall apply to an adoption in any place outside Kenya if the adoption order was made by any court of law in the Common wealth and any court of competent jurisdiction in any other country.’’

‘’ A child who is not a Kenyan citizen, but is adopted by a citizen, is entitled on application in the prescribed manner by the adopting parent or legal guardian to be registered as a citizen upon-

(b)  the production of a valid adoption certificate issued in a reciprocating  state or other jurisdiction whose orders, decrees are recognized in Kenya;

COURT ORDERS

The Court order of 23rd March 2011 from District Court of Pune, India is a valid order of the Court and from a Court with competent jurisdiction.

The Court Order of 23rd March 2011 is hereby adopted as an order of this Court.

The Applicants have proved their Kenyan Citizenship and may apply for their son’s Kenyan citizenship

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF MARCH, 2016

M. MUIGAI

In the presence of:

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