MARIE ELIZABETH & ANOTHER v ATTORNEY GENERAL [2007] KEHC 584 (KLR)
- Court
- High Court of Kenya
- Case number
- 584
- Citation
- [2007] KEHC 584 (KLR)
- Decided
- 14 May 2007
The court finds the deportation order illegal and null and void, and restrains the Attorney General from executing the order. A declaration is issued that the order is illegal and null and void. The court also orders the Attorney General to pay the costs of the proceedings.
Facts
The applicant, Marie Elizabeth, is the mother of Samuel Pipo Limet, who was granted custody by a Belgian court and later by the High Court of Kenya. The respondent, the Attorney General, issued a deportation order for Samuel on September 11, 2001, which was later ratified by the Court of Appeal, making Samuel a ward of the court. The applicant filed an originating summons seeking an injunction and a declaration against the deportation order.
Issues
- Whether the deportation order issued by the Minister of State in the office of the President on or about September 11, 2001 is illegal and null and void.
- Whether the Attorney General can execute the contents of the deportation order for Samuel Pipo Limet.
Reasoning
The court agrees with the applicant's counsel that the Belgium court's order has been taken over by the High Court and the Highest Court of Kenya. The court also rejects the grounds of the opposition, stating that the welfare of the child is better with the mother and that the father is a stranger to the child.
Outcome
Affirmed
Orders
- The Respondent be and is hereby restrained by himself, servants or otherwise howsoever from executing the contents of the Deportation order issued by the Minister of State in the office of the President on or about 11th September, 2001 for the deportation of Samuel Pipo Limet.
- A declaration be and is hereby issued that the Deportation order issued by the Minister of State in the office of the President on or about 11th September, 2001 during the subsistence of a wardship order in respect of Samuel Pipo Limet among others granted by this court on 12th August, 1998 is illegal and null and void.
- The Respondent to pay the costs of these proceedings.
Remedies
- Injunction restraining the Attorney General from executing the deportation order.
- Declaration that the deportation order is illegal and null and void.
Authorities cited
Legislation (1)
- The Children Act (No.8 of 2001)
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