[2016] KEHC 3859 (KLR)

[2016] KEHC 3859 (KLR)

The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, despite the procedural irregularity of taking custody before the child was freed for adoption. The court held that the best interests of the child would be served by allowing the adoption, given the strong bond between the applicant and the child, the applicant's suitability, and the difficulty male children face in finding adoptive parents. Special circumstances existed to permit a single female to adopt a male child, including the applicant's ongoing adoption of a female child and the lack of other suitable adopters. The court concluded that the adoption should proceed, with the...

Citation
[2016] KEHC 3859 (KLR)
Parties
Applicant: E W M; Respondent: Baby D W alias J M M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 July 2016
Case Number
Adoption Cause 174 of 2013
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
DN Musyoka
Legal Topics
Adoption of Children, Best Interests of Child, Single Parent Adoption
Source Language
English
Family and Children Adoption of Children Best Interests of Child Single Parent Adoption

Case Brief

Summary, issues, holding and outcome

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Parties

E W M

Applicant

Baby D W alias J M M

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
  2. 2 Whether it is in the best interests of the child to be adopted by a single female applicant.
  3. 3 Whether the procedural irregularity of taking custody before the child was freed for adoption invalidates the process.

Ratio Decidendi

The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, despite the procedural irregularity of taking custody before the child was freed for adoption. The court held that the best interests of the child would be served by allowing the adoption, given the strong bond between the applicant and the child, the applicant's suitability, and the difficulty male children face in finding adoptive parents. Special circumstances existed to permit a single female to adopt a male child, including the applicant's ongoing adoption of a female child and the lack of other suitable adopters. The court concluded that the adoption should proceed, with the...

Court Disposition

adoption granted

Orders

  • The applicant, E W M, is allowed to adopt the child Baby D W, also known as J M M, who shall hereafter be known as J M M.
  • It is presumed that the child is Kenyan by birth and was born on 7th April 2010.