[2004] KEHC 2476 (KLR)
The court found that, although the Children’s Act generally discourages adoption of male children by single females, the applicant's unique circumstances—being a widow who had intended to adopt with her late husband, and having provided continuous care and a stable home for the child—justify an exception. The...
Source-derived case information.
- Citation
- [2004] KEHC 2476 (KLR)
- Parties
- Applicant: GAO; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 63 of 2002
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- FI Koome
- Legal Topics
- Adoption of Children, Single Parent Adoption, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GAO
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether a single female applicant can adopt a male child under Kenyan law given the statutory restrictions.
- 2 Whether the welfare and best interests of the child are served by granting the adoption order in the circumstances of this case.
Ratio Decidendi
The court found that, although the Children’s Act generally discourages adoption of male children by single females, the applicant's unique circumstances—being a widow who had intended to adopt with her late husband, and having provided continuous care and a stable home for the child—justify an exception. The welfare and best interests of the child, who was abandoned and has bonded with the applicant, are best served by granting the adoption. The court exercised its inherent jurisdiction to prioritize the child's welfare over statutory technicalities.
Court Disposition
application allowed
Orders
- The applicant GAO is authorized to adopt GTJ.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 63 OF 2002
IN THE MATTER OF ADOPTION OF INFANT ACT CAP 143
GT(THE INFANT)
JUDGMENT
The prospective adoptive parent GAO in this cause is a single applicant who is aged 48 years. The applicant was married but her husband died in 1997. They had no biological children of their own and the applicant decided to adopt the infant herein to fulfill their wish that they had nurtured with her late husband. Since the applicant’s husband passed away, she has continued to live in what was their matrimonial home in KEN. The applicant is a secretary by profession and currently works for a Christian Organization. She is also a practicing Christian and intends to bring up the infant in Christian faith. The infant was placed under the foster care of the applicant and he has been under her continuous care and control since 3rd December 1999. The foster placement of the infant was done by the New Life Home Society. The child was abandoned and therefore the consent of the biological parents could not be obtained. The suitability of the applicant has been assessed by the Guardian Ad Litem and the Director of Children’s Services both of whom have filed their reports recommending the adoption despite the provisions of the Children’s Act that does not recommend adoption of a male child by a single female. The applicant was indeed a married women but her marriage ended in widowhood.
During the lifetime of her husband she had intended to adopt a child but they never succeeded in adopting the child, had they succeeded the applicant would have raised the child single handedly.
Secondly the applicant has been in continuous care of the infant for the last 4 years. The child is well adjusted and has bonded well with the applicant who has provided him with a home education and a secured future. It is in the interest of the child that this court should exercise its inherent jurisdiction and grant the order of adoption so that the welfare of the child is not compromised.
Accordingly I allow the application dated 18th October 2002 and the applicant is authorized to adopt GTJ.
It is so ordered.
Judgment read and signed on 23rd April 2004
MARTHA KOOME
JUDGE