[2012] KEHC 2715 (KLR)
The court found that special circumstances existed to justify the adoption by a single female applicant of a male child, as the applicant had cared for the child for over a decade, successfully raised her own daughters, and the adoption would provide the abandoned child with a stable family environment. The child...
Source-derived case information.
- Citation
- [2012] KEHC 2715 (KLR)
- Parties
- Applicant: JNM; Respondent: Baby VO (to be known as Brian Mwendwa Mutinda)
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 14 of 2011
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Adoption of Children, Special Circumstances in Adoption, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JNM
Applicant
Baby VO (to be known as Brian Mwendwa Mutinda)
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicant, a single female, should be allowed to adopt a male child under Kenyan law.
- 2 Whether special circumstances exist to justify the adoption contrary to the general prohibition against single females adopting male children.
- 3 Whether the consent of the biological parents should be dispensed with due to abandonment.
Ratio Decidendi
The court found that special circumstances existed to justify the adoption by a single female applicant of a male child, as the applicant had cared for the child for over a decade, successfully raised her own daughters, and the adoption would provide the abandoned child with a stable family environment. The child was declared free for adoption, and all statutory reports supported the application. The court held that dispensing with the consent of the biological parents was appropriate due to the child’s abandonment. The adoption was deemed to be in the best interests of the child, satisfying the requirements of the Children’s Act.
Court Disposition
application allowed
Orders
- The consent of biological parents is dispensed with.
- The applicant is authorized to adopt Baby Victor Owiti, who shall be known as Brian Mwendwa Mutinda.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
ADOPTION CAUSE 14 OF 2011
IN THE MATTER OF AN ON APPLICATION FOR ADOPTION OF BABY V. O
R U L I N G
Before me is an Originating Summons dated 30th September 2011 filed by the applicant JNM for the adoption of Baby VO.
The applicant is a female applicant who wants to adopt a male child. The child is an abandoned child as confirmed by Machakos Police Station. The child is now above 11 years of age, and nobody has come forward to claim him. The child has been declared free for adoption by the Kenya Children’s Home Adoption Society and a certificate issued on 16th December 2011. The child was placed under the care of the applicant through the Machakos District Children’s Office since April 2001.
On the 11th November 2011, a guardian ad litem was appointed. The Director of Children Services through the District Children Officer Machakos filed their report dated 8th February 2012. The report recommends the adoption.
Mrs Mutua, advocate for the applicant has urged that the adoption orders be granted.
This is an application for adoption by a single female applicant to adopt a male child. The applicant is a Kenya citizen, working as a nurse. She was born in 1965 and therefore is quite mature. She has two female daughters of her own, one aged 19 years currently attending Maseno University and the other aged 16 years and in secondary school. The child to be adopted has been under the care and control of the applicant since 2001. Bonding has been good.
I have considered the special conditions as required under section 158(2) (a) of the Children’s Act. I am satisfied that there are special circumstances justifying the adoption, in that the adoption will make the child a male sibling of the applicant’s two daughters. The applicant has also been able to bring up her own daughters, one up to adulthood, and the 2nd to almost adulthood well. The applicant has also had the custody and care of the child for a long duration. I am of the view that the adoption will give the abandoned child an opportunity to grow up in a family with a mother and two sisters, and be taken care of and guided by a parent and the two sisters. I will therefore grant the adoption, as I am of the view that it is in the best interests of the child.
Consequently, I allow the application and order as follows:-
1. That the consent of biological parents is hereby dispensed with.
2. The applicant be and is hereby authorized to adopt Baby VICTOR OWITI and the child be called BRIAN MWENDWA MUTINDA.
3. That the Registrar General do make the appropriate entries in the adopted Children’s Register in respect of Baby BRIAN MWENDWA MUTINDA.
It is so ordered.
Dated and delivered this 27thday of June 2012.
………………………………………
George Dulu
Judge
In the presence of:
Nyalo – Court clerk
Mrs Mutua for Applicant
Applicant present