Woman fights for boy in adoption dispute
A google map showing Maralal area in Kenya.
What you need to know:
- “The boy was brought to me at the age of five months and has lived with me since then, until his biological mother heard news of my impending divorce,” Ms Winkel told Justice Abigail Mshila.
- Ms Lemulungo argued that when she heard news of the divorce, she was worried about the welfare of her son, and that was why she applied to have him back.
A Dutch woman wants the High Court in Nakuru to grant her the custody of a child her husband sired with another woman.
Ms Miriam Elisabeth Winkel, 47, told court she had an agreement with her husband that since they were unable to get a child together, he would sire a baby outside their marriage, and she would adopt the child.
However, she was shocked when her 25-year-old husband secretly married the boy’s biological mother.
Ms Winkel wants the court to reverse a decision by the Maralal Children’s Court that granted interim custody of the boy to her husband’s lover, Ms Ramiti Lemulungo.
The Dutch woman narrated to court how she got married to the former Samburu moran and night guard, Mr John Lepil Lolkile in 2008, but could not get children. The couple later adopted three girls.
“We also agreed that my husband sires a child with another woman on condition that I would officially adopt the baby after six months,” said Ms Winkel yesterday.
Ms Lemulungo got a baby boy in 2011.
BIOLOGICAL MOTHER
“The boy was brought to me at the age of five months and has lived with me since then, until his biological mother heard news of my impending divorce,” Ms Winkel told Justice Abigail Mshila.
“I have a divorce case where I am fighting over our properties, including nine prime plots of land in Maralal town, a farm in Sekelet, Samburu County, our matrimonial home, two cars, more than 120 cows, 250 goats and 10 camels,” she said.
She said Ms Lemulungo moved to court seeking custody of her son and she was allowed to take the three-year-old boy.
Ms Winkel said her husband and his lover had a relationship behind her back the entire time, which culminated in a Samburu customary marriage and the birth of two other children.
Ms Lemulungo argued that when she heard news of the divorce, she was worried about the welfare of her son, and that was why she applied to have him back.
“It is true that we had an agreement that I would give them the child but that does not mean any interest I had in his welfare ended there,” she stated in her documents before court.
The case will be mentioned on December 11.
