[2009] KEHC 3690 (KLR)
The court found that the applicant, as the maternal aunt and sole caregiver since infancy, had provided a stable, loving, and supportive environment for the child and his elder brother. The child had no other family and regarded the applicant as his mother. The court considered the unanimous recommendations from the...
Source-derived case information.
- Citation
- [2009] KEHC 3690 (KLR)
- Parties
- Applicant: ENW; Respondent: PNN (infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 160 of 2008
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- KH Rawal
- Legal Topics
- Adoption of Child, Sole Female Applicant, Consent of Sibling, Inheritance Rights, Child Welfare, Special Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ENW
Applicant
PNN (infant)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether a sole female applicant may adopt a male child under Section 158(2)(b) of the Children Act, 2001 in the special circumstances presented.
- 2 Whether the adoption is in the best interests of the child, considering the familial relationship and the child's welfare.
Ratio Decidendi
The court found that the applicant, as the maternal aunt and sole caregiver since infancy, had provided a stable, loving, and supportive environment for the child and his elder brother. The child had no other family and regarded the applicant as his mother. The court considered the unanimous recommendations from the Director of Children Department, Child Welfare Society, and guardian ad litem, all supporting the adoption. Exercising discretion under Section 158(2)(b) of the Children Act, 2001, the court held that the special circumstances justified allowing a sole female to adopt a male child. The adoption was deemed to be in the best interests of the child, ensuring his welfare,...
Court Disposition
application allowed
Orders
- The applicant ENW is granted leave to adopt PNN.
- The guardian ad litem is discharged.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 160 of 2008
IN THE MATTER OF ADOPTION OF PNN– INFANT
JUDGMENT
The Applicant is a sole female seeking to adopt a male child under the following circumstances.
The child in question is the applicant’s maternal nephew. The mother MNK died on 10th May, 1996 who was a single mother, after few months from the birth of the child. He was born on 14th February, 1996. The child has an elder brother who is now adult and has given his consent for such adoption. Their late mother was single. Both the siblings were tended and brought up by the Applicant herein. She has one son also and all three stay as a happy united family. Her son who is of the same age as the child before me are very closely bonded and relate as twins.
The child and his older brother whose father/s is/are unknown have not seen any other family than that given to them by the Applicant. They both regard her as their mother. She is the one who takes care of their physical, educational and emotional needs. The child who is now studying in std. VII understands the process of adoption and has no objection to the proposed adoption.
The applicant is a trained secretary and is working as such with a company known as Vas Motor Mart, Nairobi. She understands and accepts the child‘s rights of inheritance.
The child if freed for adoption by Child Welfare Society on 8th January, 2009.
Perusing all the three reports i.e. from the Director of Children Department, from Child Welfare Society and guardian ad litem, Mr. Robert Njoroge, I discern that they with one voice recommend the adoption.
I have carefully considered the special circumstances of the present cause. After agreeing with the recommendations for adoption, I exercise my discretion under Section 158(2) (b) of the Children Act, 2001 and allow the sole female applicant to adopt a male child who is just like her own son who was given to her when he was barely three months old.
I thus allow the application and grant the applicant ENW to adopt PNN whose birth date is February, 1996.
I discharge guardian ad litem.
The said orders be entered in the Adoption Register.
Dated and signed at Nairobi this 25th day of May, 2009.
K. H. RAWAL
JUDGE
25. 5.09