2
citizen, or was or was not born in Kenya. By virtue of article 14(4) of the Constitution
and section 157 of the Children Act, the child was legally available for adoption. Since
there was nobody claiming the baby, consent was done away with.
• On whether the adoption was in the best interests of the child, the court held that
the applicants had been described as economically stable which was evident from
their own four bedroomed house. Socially and morally, they were Christians with no
criminal record, physically and mentally fit. They were both Kenyans aged between
25 and 65 years thus qualifying the adoption to be a local one. The applicants had
exhibited their care and love to the child by providing all basic necessities which was a
sign of parental responsibility. The applicants had met the conditions for adoption of
the child. Hence the adoption was in the best interests of the child. Nobody had come
forward to claim the baby. To deny him the opportunity for adoption would be equal
to condemning the child to permanent suffering.
The applicants were authorized to adopt baby EC who was to be known as JIM. The date of
birth was to be December 25, 2016 and the birth place Malindi. The child was presumed to
be a Kenyan citizen.
2. Applying for citizenship was an admission that one was not a citizen.
Kulraj Singh Bhangra v Director General, Kenya Citizens and Foreign Nationals
Management Service [2014] eKLR
Petition 137 of 2014
High Court at Nairobi
I Lenaola, J
December 5, 2014
In circumstances where one has a claim for citizenship, the act of applying for citizenship has
been considered by the courts as an admission that one is not a citizen.
Summary of facts
The petitioner was born on June 4, 1983 and had lived in Kenya all his life. His parents
were British Nationals. He was the holder of a Kenyan Identification Card Number that
was issued on May 19, 2009 but when the petitioner applied for a Kenyan Passport,
he was informed (verbally) that he was a person who was not considered a national by
any state according to the law of the state. Despite that verbal information, he applied
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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