In re Adoption of Baby BM alias BN (FWW - Applicant)
The bottom line
#The court allowed the adoption because the child's best interests were served by the stable, loving home provided by the applicant.
What this practically means
#Executive summary
#Key legal issues
#Whether special circumstances exist under Section 158(2)(b) for a single female to adopt a male child
Special circumstances existed: the child was abandoned, aged 3 at abandonment, no other person had expressed a desire to adopt him, and he had bonded with the Applicant over three years of care.
The court noted the child was abandoned at JF Church Kayole, committed to Imani Children Home, and declared free for adoption. No other prospective adopter came forward. The child had lived with the Applicant for three years, bonded well, and removing him would condemn him to institutional care contrary to his interests. The case met requirement No. 5 of the Adoption Committee Guidelines of January 2010.
Whether the Applicant is a suitable adoptive parent
The Applicant was found mature, emotionally and financially stable, with a supportive family network, and capable of providing for and caring for the minor.
The guardian ad litem and Children Officer reports were positive and recommended the adoption. The Applicant, a 45-year-old single female earning about KShs.30,000 monthly and owning land, had exercised parental responsibility since 2017, and the child was thriving, enrolled in school and performing well.
Legal principles established
#- In adoption applications the court must uphold the best interests of the child, per Article 53 of the Constitution and Section 4(3) of the Children Act.
- An adoption order for a single female applicant adopting a male child may be made where special circumstances exist under Section 158(2)(b).
Court orders
#- 1.The Originating Summons filed on 18th December 2018 is allowed in terms of prayers 1 to 6
- Jurisdiction invoked
- Children Act, Sections 158 and 159 (adoption jurisdiction); Article 53 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Adoption of Baby BM alias BN (FWW - Applicant)", Case Analysis (2020). Originating Summons filed 18th December 2018. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.