[2022] KEHC 12849 (KLR)
The court found that, despite the statutory prohibition against a sole female adopting a male child under Section 158(2)(b) of the Children Act, the applicant’s circumstances and the best interests of the child justified an exception. The applicant demonstrated emotional, social, and financial stability and had...
Source-derived case information.
- Citation
- [2022] KEHC 12849 (KLR)
- Parties
- Applicant: EKM; Guardian Ad Litem: MKM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E064 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children, Parental Rights, Children Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EKM
Applicant
MKM
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant, a sole female, is eligible to adopt a male child under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory requirements for local adoption have been satisfied.
Ratio Decidendi
The court found that, despite the statutory prohibition against a sole female adopting a male child under Section 158(2)(b) of the Children Act, the applicant’s circumstances and the best interests of the child justified an exception. The applicant demonstrated emotional, social, and financial stability and had established a strong bond with the child. All statutory requirements for local adoption were met, including the child being declared free for adoption, the inability to trace biological relatives, and positive recommendations from the guardian ad litem and the Director of Children Services. The court concluded that the adoption would provide the child with a stable, nurturing...
Court Disposition
adoption granted
Orders
- The applicant EKM is allowed to adopt Abandoned Baby aka Abandoned Male Infant aka Child KJ.
- Abandoned Baby aka Abandoned Male Infant aka Child KJ shall henceforth be known as JK.
Full Case Text
Judgment text and source record
20 paragraphs
In re KJ (Baby) (Adoption Cause E064 of 2022) [2022] KEHC 12849 (KLR) (Family) (1 September 2022) (Judgment)
Neutral citation: [2022] KEHC 12849 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E064 of 2022
AO Muchelule, J
September 1, 2022
ADOPTION CAUSE NO. HCFADOP NO. E064 OF 2022(OS) IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF ABANDONED BABY AKA ABANDONED MALE INFANT AKA CHILD KJ IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
In the matter of
EKM
Applicant
Judgment
1. The applicant EKM is a single Kenyan citizen who is aged 38. She is a dentist and lectures at the Moi University School of Dentistry. She is in the process of adopting another child, Baby F aka Abandoned Baby Girl, vide Milimani Adoption Cause No. E047 OF 2021. On the May 10, 2022 she applied to be allowed to adopt Abandoned Baby aka Abandoned Male Infant aka Child KJ.
2. Abandoned Baby aka Abandoned Male Infant aka Child KJ was born on the August 17, 2020 as evidenced in the birth notification Serial No. xxxxxxx. The child was found abandoned after birth at Thika Level 5 Hospital. The child had no name tag on the wrist and the details of the mother were unknown. The matter was reported at Thika Police Station vide O.B No. xx/xx/2020. Upon recommendation by the Thika Sub-county Children’s Office, the child was formerly committed to the New Life Home Trust on the September 15, 2020 vide Thika CMCC Children Court Protection and Care Case NO. 58 of 2020. Police efforts to trace the mother or relatives of the child were not successful as evidenced in the final police letter dated June 4, 2021. On July 8, 2021 the child was declared free for adoption vide Certificate No. xxxxxx issued by the Little Angels Network. On the August 9, 2021 the child was placed with the applicant for foster care. The applicant has lived with the child since.
3. On May 19, 2022 the court appointed MKM as the guardian ad litem and ordered him and the Director of Children Services to separately carry out a social inquiry on the applicant to determine her suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with the applicant.
4. Section 158 (2) (b) of the Children Act prohibits a sole female applicant from adopting a male child. However, it is noted that the applicant is at the same time adopting a baby girl who is aged 4.
5. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her capability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The consent of the mother is hereby dispensed with as the child was found abandoned.
6. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-a.the applicant EKM is hereby allowed to adopt Abandoned Baby aka Abandoned Male Infant aka Child KJ;b.Abandoned Baby aka Abandoned Male Infant aka Child KJ shall henceforth be known as JK;c.the child’s date of birth shall be August 17, 2020, and shall be presumed Kenyan citizen having been found abandoned in Thika Level 5 Hospital in Thika County in Kenya;d.MKM is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before he is of full age and fully self-reliant;e.the Registrar-General is directed to enter this adoption in the Adopted Children Register; andf.the guardian ad litem is hereby discharged.
DATED and ELECTRONICALLY DELIVERED at NAIROBI this 1ST day of SEPTEMBER 2022. A.O. MUCHELULEJUDGE