[2016] KEHC 257 (KLR)

[2016] KEHC 257 (KLR)

The court found that the Applicant, a sole female, sought to adopt a male child who had been abandoned and for whom no biological relatives had come forward. Section 158(2)(b) of the Children Act, 2001 generally prohibits such adoptions unless special circumstances exist. The court determined that the child’s abandonment, lack of claimants, and the Applicant’s demonstrated capacity and willingness to provide a stable, loving home constituted special circumstances justifying the adoption. The Applicant was found to be financially, socially, and mentally fit, and the child had bonded well with her. All statutory requirements were met, and the adoption was deemed to be in the best interests...

Citation
[2016] KEHC 257 (KLR)
Parties
Applicant: L N M; Guardian Ad Litem: H N M; Legal Guardian: S N M; Legal Guardian: M W W
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 December 2016
Case Number
Adoption Cause 199 of 2015
Procedural Posture
Adoption Cause / Final Judgment
Outcome
adoption granted
Judges
MW Muigai
Legal Topics
Adoption Orders, Child Welfare, Best Interests of Child
Source Language
English
Family and Children Adoption Orders Child Welfare Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

L N M

Applicant

H N M

Guardian Ad Litem

S N M

Legal Guardian

M W W

Legal Guardian

Procedural Posture

Adoption Cause / Final Judgment

Legal Issues

  1. 1 Whether the Applicant has satisfied the legal criteria for adoption under the Children Act, 2001.
  2. 2 Whether special circumstances exist to permit a sole female applicant to adopt a male child under Section 158(2)(b) of the Children Act, 2001.
  3. 3 Whether the adoption is in the best interests of the child.

Ratio Decidendi

The court found that the Applicant, a sole female, sought to adopt a male child who had been abandoned and for whom no biological relatives had come forward. Section 158(2)(b) of the Children Act, 2001 generally prohibits such adoptions unless special circumstances exist. The court determined that the child’s abandonment, lack of claimants, and the Applicant’s demonstrated capacity and willingness to provide a stable, loving home constituted special circumstances justifying the adoption. The Applicant was found to be financially, socially, and mentally fit, and the child had bonded well with her. All statutory requirements were met, and the adoption was deemed to be in the best interests...

Court Disposition

adoption granted

Orders

  • The Applicant, L N M, is authorized to adopt the child, C H, who shall henceforth be known as C M W.
  • The child is presumed to be a Kenyan citizen by birth and accorded all entitlements of a Kenyan citizen.