CAP. 141
Children
[Rev. 2012]
and for purposes of the construction of any such disposition as is mentioned in
that section, an adopted person shall be deemed to be related to any other person
being the child or adopted child of the adopter or (in the case of a joint adoption)
of either of the adopters—
(a) where he or she was adopted by two spouses jointly and that the other
person is the child or adopted child of both of them, as brother and
sister of the whole blood; and
(b) in any other case, as brother and sister of the half blood.
(2) Notwithstanding any rule of law, a disposition made by will or codicil
executed before the date of an adoption order shall not be treated, for the purposes
of section 174, as made after that date by reason only that the will or codicil is
confirmed by a codicil executed after that date.
(3)
Notwithstanding anything in section 174, trustees or personal
representatives may convey or distribute any movable or immovable property to
or among the persons entitled thereto without having ascertained that no adoption
order has been made by virtue of which any person is or may be entitled to any
interest therein, and shall not be liable to any such person of whose claim they
have not had notice at the time of the conveyance or distribution; but nothing in this
subsection shall prejudice the right of any such person to follow the property, or
any property representing it, into the hands of any person, other than a purchaser
for value without notice, who may have received it.
(4) Where an adoption order is made in respect of a person who has previously
been adopted, the previous adoption shall be disregarded for the purposes of
section 174 in relation to the devolution of any property on the death of a person
dying intestate after the date of the subsequent adoption order and in relation to
any disposition of property made after that date.
176. Effect of overseas adoption
(1) Where a person has been adopted (whether before or after the
commencement of this Act) in any place and the adoption is one to which this
section applies, then, for the purposes of this Act and all other written laws, the
adoption shall have the same effect as an adoption order validly made under this
Act, and shall have no other effect.
(2) Subsection (1) shall apply to an adoption in any place outside Kenya, if—
(a) the adoption order was made by any court of law in the
Commonwealth and any court of competent jurisdiction in any other
country;
(b) in consequence of the adoption, according to the law of that country,
a right superior to that of any natural parent of the adopted person in
respect of the custody of the person; and
(c) in consequence of the adoption, the adopter had, immediately
following the adoption, according to the law of that country, a right
superior or equal to that of any natural parent in respect of any
property of the adopted person which was capable of passing to the
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