[2002] KEHC 1041 (KLR)
The court found that the applicant, a single mother with stable employment and a demonstrated commitment to the welfare of her nephew and niece, met the special circumstances required for adoption under the Children Act. The applicant's ability to provide for the children's educational and emotional needs, combined...
Source-derived case information.
- Citation
- [2002] KEHC 1041 (KLR)
- Parties
- Applicant: PNM; Respondent: JM; Respondent: RW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 34 of 2002
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application granted
- Legal Topics
- Adoption of Minors, Special Circumstances in Adoption, Single Parent Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PNM
Applicant
JM
Respondent
RW
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant, a single mother, should be permitted to adopt her nephew and niece under the Children Act.
- 2 Whether there are special circumstances justifying the adoption of a male child by a single female applicant.
Ratio Decidendi
The court found that the applicant, a single mother with stable employment and a demonstrated commitment to the welfare of her nephew and niece, met the special circumstances required for adoption under the Children Act. The applicant's ability to provide for the children's educational and emotional needs, combined with the consent of the children and the inability of their natural mother to provide adequately, justified granting the adoption. The court was satisfied that the adoption was in the best interests of the children and that all statutory requirements had been met.
Court Disposition
application granted
Orders
- The applicant PNM is permitted to adopt the infants JM and RW whose birth dates are 20th December, 1988 and 18th September, 1992 respectively.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI H.C. ADOPTION CAUSE NO. 34 OF 2002
IN THE MATTER OF : THE CHILDREN ACT NO. 8 2001
PART XII – ADOPTION
IN THE MATTER OF: (1) JM )(2) RW )…… INFANTS
R U L I N G
The applicant is the single mother of two children and has applied to adopt the two infants namely, JM and RW who are her nephew and niece.
The application is made under the provisions of Children Act. As she is the sole applicant, this court has to satisfy itself that there are special circumstances to justify the applicant to adopt JM who is a male infant. He is a nephew to the applicant being a son of the applicant’s sister who is also a single mother. He is studying at Rift valley Academy and is fully supported financially as well as emotionally by the applicant. As he is running 14 years I interviewed James and I found him a very intelligent and focused young man. He is aware of the Applicant’s support and has wholeheartedly agreed to be adopted by her.
The reports and affidavit on record of the matter show that the natural mother of the two infants runs a business of used clothes and does not earn sufficient income to place these two infants in a future well deserved by them. The applicant has been employed by UNHCR for about 13 years and the organisation shall cater for the future educational needs of the infants. The applicant also was interviewed by the court and I found that she genuineally cares for the infants and is interested to cater for a bright future of the infants. The growing needs of the children would only be met by her if she is allowed to adopt them and become their legal mother.
I have considered the facts of the matter and due to constraint of time because of vacation duty and urgency of the matter, I am not placing all of the facts on record and submissions made in this ruling. I shall, however, state that I have considered them properly and also have considered relevant provisions of the Act.
From the above, I have come to the conclusion that this application is a proper application to be granted. I therefore order that the applicant PNM is permitted to adopt the infants JM and RW whose birth dates are 20th December, 1988 and 18th September, 1992 respectively.
Dated and delivered at Nairobi this 16th day of August,2002.
K. H. RAWAL
JUDGE.