D K K v Senior Resident Magistrate Nairobi Children Court & another [2014] KEHC 8445 (KLR)
- Court
- High Court of Kenya
- Case number
- 8445
- Citation
- [2014] KEHC 8445 (KLR)
- Decided
- 6 November 2014
The Children Act governs children-related matters, and the court has jurisdiction to hear and determine issues related to adoption. The court dismisses the application and returns the case to the Children's Court.
Facts
The applicant and respondent are a married couple who adopted two children in 2006. The applicant filed a motion seeking payment of fees and school expenses for the children, and to have the case transferred to the Children's Court.
Issues
- Parental responsibility over the children
- Jurisdiction of the court to hear the case
Reasoning
The court found that the children were properly adopted and their responsibility over the children is governed by the Children Act. The court's jurisdiction was limited to the adoption issue, and the case should be returned to the Children's Court.
Outcome
The court dismisses the application and returns the case to the Children's Court.
Orders
- The Children's Case No. 483 of 2008 is returned to the Children's Court at Nairobi for hearing and disposal.
- The respondent pays costs of this application.
Authorities cited
Legislation (2)
- Children Act (Cap. 141)
- Constitution of Kenya 2010
Cases cited (1)
- VIOLET KEDOGO KIHARANGWA V PRESTON NGIRA OBADIA, High Court at Nairobi Petition No. 339 of 2011 and J.A.O. V C.G.M and another [2003]eKLR
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