[2017] KEHC 7674 (KLR)
The court found that the applicant, being a single female seeking to adopt a male child, did not meet the requirements of Section 158(2) of the Children Act, which prohibits such adoptions unless special circumstances are demonstrated. The reports submitted did not disclose or justify any special circumstances. As...
Source-derived case information.
- Citation
- [2017] KEHC 7674 (KLR)
- Parties
- Applicant: J W N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 224 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- application denied
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Single Parent Adoption, Children Act Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J W N
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicant, a single female, can adopt a male child under Section 158(2) of the Children Act.
- 2 Whether the reports from the adoption agency and Director of Children Services provide sufficient justification for the adoption.
Ratio Decidendi
The court found that the applicant, being a single female seeking to adopt a male child, did not meet the requirements of Section 158(2) of the Children Act, which prohibits such adoptions unless special circumstances are demonstrated. The reports submitted did not disclose or justify any special circumstances. As such, the court held that the material before it was insufficient to grant the adoption order, and compliance with the statutory provision was mandatory.
Court Disposition
application denied
Orders
- The application for adoption is denied until compliance with Section 158(2) of the Children Act is demonstrated.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 224 OF 2015 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY P B
BY
J W N (APPLICANT)
R U L I N G
I have considered the Originating summons dated 11th September, 2015 and the social reports from Buckner Kenya Adoption Agency and the Director Children Services.
None of these reports has any information that would amount to justification under Section 158(2)of theChildren Act.
The Applicant being a single female and the subject minor being male the court finds that the material placed before the court is insufficient to warrant the granting of the orders sought, in right of the specific provisions of Section 158(2) Children Act.
The Director Children Services report is silent on this issue while that of Buckner Kenya Adoption Society alludes to special circumstances without disclosing them.
The application is therefore denied until such a time as the foregoing section will be complied with.
SIGNED DATEDandDELIVEREDin open court this 9th day of February 2017.
........................
L. A. ACHODE
JUDGE