Adopted children are blocked from learning the identity of their biological parents as Kenyan law is silent on the issue, a judge has observed.
Therefore, to assist David William Tett, an adopted son of former assistant Minister Betty Tett, Justice John Mativo yesterday turned to international law to decide the case.
William, serving a life sentence for robbery with violence, wants the court to force his foster parents — Betty and William Mulready Tett — to disclose his biological parents. He wants to know the circumstances that led to his adoption.
The judge said though every child has a right to know where he or she came from and their lineage, Kenya’s adoption law and the Children’s Act are silent on the rights of the child, including the right to identity.
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The judge said the law provides parameters of adoption procedure and parental rights, but does not address pertinent rights of the adopted child.
William had said he lived with his adopted parents until he was 17, when “adverse treatment” forced him to flee.
He said he was always treated materially different from other family members and denied parental love, empathy and compassion.
In 2011 William was convicted of violently robbing his parents. He has filed an appeal, which is pending.
He said his parents have ascribed to him an illegitimate status and despite frequently inviting them, they refused to visit him in prison or provide financial support.
These actions, William says, made him a “child of no one”, undermining his dignity, security of person and right against discrimination.He sought several orders, including a declaration that he is eligible for compassion and parental love.
He wants the Tetts to disclose circumstances of his adoption and their suitability as parents. The Tetts termed the case an abuse of court process, meant to embarrass them.
Mama Fatuma Children’s home has denied knowledge of adoption. It says it is unaware of his upbringing and is not in a position to identify his biological parents. Mativo said he has no evidence the home handled Tett’s adoption or has information sought.
