In re SS (Baby) [2019] KECA 399 (KLR)
- Court
- Court of Appeal
- Case number
- 399
- Citation
- [2019] KECA 399 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdoptionPostureAppeal from a High Court's refusal to grant an adoption orderCoramE. M. Githinji, M. K. Koome, F. Sichaile
Holding
The appeal is allowed, the order declining to grant adoption orders is set aside, and the case is remitted to the High Court for a fresh determination.
Facts
Baby SS, a 3-week-old girl, was left unattended at Moyale Sub-District Hospital in 2016 and was committed to New Life Home Trust. The 1st appellant is a Kenyan citizen married to a Dutch citizen, and the 2nd appellant is a Dutch citizen.
Issues
- Whether the High Court erred in basing its decision on a Cabinet Moratorium which has no legal basis
- Whether the High Court considered the merits of the adoption application
Reasoning
The court found the High Court's decision based on the Cabinet Moratorium to be flawed as it was not presented to the trial court and was not considered by the judge. The court also noted the High Court did not consider the merits of the adoption application.
Outcome
Appeal allowed
Orders
- Order to set aside the High Court's order declining adoption orders
- Remission of the case to the High Court for a fresh determination
- Request for the Attorney General to be amicus curiae and produce documents evidencing the moratorium
Remedies
- Remission of the case to the High Court for a fresh determination
Authorities cited
Legislation (3)
- Children Act, 2001
- Citizen and Immigration Act, No. 12 of 2011
- Interpretation and General Provisions Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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