[2013] KEHC 3761 (KLR)

[2013] KEHC 3761 (KLR)

The court found that the applicant, a single female, was the only person available to adopt the male child, who had remained unadopted in institutional care for five years. This situation constituted a special circumstance under Section 158(2) of the Children Act and the Adoption Committee Guidelines. The applicant had fulfilled all legal requirements, including positive reports from the Adoption Society, the Director of Children Services, and the guardian ad litem. The biological parents' consent was dispensed with due to abandonment. The court determined that the adoption was in the best interests of the child, who had bonded with the applicant and would benefit from a stable family...

Citation
[2013] KEHC 3761 (KLR)
Parties
Applicant: E.W.K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
19 April 2013
Case Number
Adoption Cause 219 of 2011
Procedural Posture
Adoption Cause / Judgment
Outcome
application allowed
Judges
LK Kimaru
Legal Topics
Adoption of Children, Special Circumstances, Best Interests of Child
Source Language
English
Family and Children Adoption of Children Special Circumstances Best Interests of Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

E.W.K

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether a sole female applicant can adopt a male child under Section 158(2) of the Children Act given the requirement for special circumstances.
  2. 2 Whether the applicant has fulfilled all legal requirements for adoption, including the best interests of the child.

Ratio Decidendi

The court found that the applicant, a single female, was the only person available to adopt the male child, who had remained unadopted in institutional care for five years. This situation constituted a special circumstance under Section 158(2) of the Children Act and the Adoption Committee Guidelines. The applicant had fulfilled all legal requirements, including positive reports from the Adoption Society, the Director of Children Services, and the guardian ad litem. The biological parents' consent was dispensed with due to abandonment. The court determined that the adoption was in the best interests of the child, who had bonded with the applicant and would benefit from a stable family...

Court Disposition

application allowed

Orders

  • The applicant, E.W.K, is allowed to adopt Baby J.M alias J.A.N, who shall henceforth be known as J.A.N.
  • J.M.K, the brother of the applicant, is appointed legal guardian of the child should such eventuality arise.