1. Before me is the Chamber Summon dated 22nd January 2024. Through the said application, the joint applicants seek 4 orders. Of the 4 orders sought therein, only 1 prayer is due for determination at this point.
2. Prayer 1 seeks the following order “that this honourable court be pleased to grant leave to the applicants to appear virtually during these proceedings.” The basis for the said prayer is that the applicants reside in Ontario, Canada. It is stated that they are unable to attend court sessions physically due to the travel logistics and costs.
3. The 1st applicant is related to the minor, the subject to these proceedings by virtue of being his maternal uncle. The minor was born on 17th October 2006. His father is deceased, while the Mother has given consent to the adoption. The child was declared as being free for adoption by Change Trust on 28th November 2023 vide certificate Serial Number 00637. The child has consented to the adoption through his handwritten letter dated 21st November 2023.
4. Should the court allow the application? Article 159(2)(b) and (d) of the Constitution of Kenya, 2010, provides that “justice shall not be delayed” and that “justice shall be administered without undue regard to procedural technicalities.” Section 1B (1)(e) of the Civil Procedure Act calls on courts, when handling civil matters, to use suitable technology to dispense justice.
5. It does appear to me that a virtual hearing of the applicants' evidence will help the course of justice in this matter. The same will also be in the best interest of the child as he stands to be adopted by his maternal uncle and aunt before he turns 18 years old in October this year.
6. Having considered the application, the supporting documents and the applicable law, it is my view that the application is merited. The same is allowed with no orders as to costs.
7. The guardian ad litem and the Director of the Children's Services must, however, assess the suitability of the applicants and present their reports to this court.
It is so ordered.
Dated and signed this 12th day of February 2024 at Mombasa.
2. Prayer 1 seeks the following order “that this honourable court be pleased to grant leave to the applicants to appear virtually during these proceedings.” The basis for the said prayer is that the applicants reside in Ontario, Canada. It is stated that they are unable to attend court sessions physically due to the travel logistics and costs.
3. The 1st applicant is related to the minor, the subject to these proceedings by virtue of being his maternal uncle. The minor was born on 17th October 2006. His father is deceased, while the Mother has given consent to the adoption. The child was declared as being free for adoption by Change Trust on 28th November 2023 vide certificate Serial Number 00637. The child has consented to the adoption through his handwritten letter dated 21st November 2023.
4. Should the court allow the application? Article 159(2)(b) and (d) of the Constitution of Kenya, 2010, provides that “justice shall not be delayed” and that “justice shall be administered without undue regard to procedural technicalities.” Section 1B (1)(e) of the Civil Procedure Act calls on courts, when handling civil matters, to use suitable technology to dispense justice.
5. It does appear to me that a virtual hearing of the applicants' evidence will help the course of justice in this matter. The same will also be in the best interest of the child as he stands to be adopted by his maternal uncle and aunt before he turns 18 years old in October this year.
6. Having considered the application, the supporting documents and the applicable law, it is my view that the application is merited. The same is allowed with no orders as to costs.
7. The guardian ad litem and the Director of the Children's Services must, however, assess the suitability of the applicants and present their reports to this court.
It is so ordered.
Dated and signed this 12th day of February 2024 at Mombasa.