https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7569

In re GJ (Infant) (Adoption Cause E003 of 2024) [2026] KEHC 7569 (KLR) (2 June 2026) (Ruling) Neutral citation: [2026] KEHC 7569 (KLR) Republic of Kenya In the High Court at Kakamega Adoption Cause E003 of 2024 S Mbungi, J June 2, 2026 IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF GJ (INFANT) AND IN THE MATTER OF THE CHILDREN ACT, 2022 In the matter of Bmn 1st Applicant Enm 2nd Applicant Ruling Introduction 1.Before this Court is an Originating Summons dated 5th April,2024 filed by the Applicants, BMN and ENM, seeking authority to adopt the child known as GJ (Infant). 2.The Applicants simultaneously sought the appointment of SNW as Guardian Ad Litem for the child during the pendency of the adoption proceedings. Upon consideration of the application and supporting documents, this Court appointed SNW as Guardian Ad Litem and directed the County Director of Children Services, Kakamega County, to conduct investigations into the suitability of the Applicants and file a report before Court. 3.The Court has now had occasion to consider the pleadings, affidavits, statutory reports, oral evidence tendered in Court, and the applicable law. 4.The Applicants are husband and wife residing in Shibale -Mumias within the Republic of Kenya. They testified that they contracted a customary marriage under the Kamba Customary Law on 5th May 2006 and have lived together peacefully as a family unit for several years. 5.The Applicants informed the Court that they made the decision to adopt the child voluntarily and after careful consideration. They expressed their desire to provide the child with a permanent home, parental care, education, emotional support, and opportunities for growth and development. 6.The Court observed the Applicants during the hearing and found them candid, composed, and fully aware of the legal implications of adoption proceedings. 7.The Applicants demonstrated financial capability and emotional preparedness to raise the child. Reports placed before the Court indicate that they have stable income, suitable accommodation, and supportive extended family structures. 8.The child, GJ (Infant), was declared free for adoption on 15th June,2022 by the Kenya Children’s homes Adoption Society in accordance with the provisions of the Children Act, 2022. 9.Evidence before Court shows that the child was lawfully placed in the custody of the Applicants on 22nd July 2022 pending determination of these proceedings and has since bonded well with them. 10.The Guardian Ad Litem SNW confirmed that the child appears happy, secure, and emotionally settled within the Applicants’ home. 11.The Director of Children Services similarly confirmed that the Applicants have integrated the child into their family and continue to provide proper care, protection, and emotional support. 12.The Guardian Ad Litem filed a favorable report dated 24th October,2021 recommending the adoption. The report indicates that the Applicants have treated the child with love and dignity and have demonstrated commitment to the child’s welfare. 13.The Director of Children Services also filed a comprehensive report recommending the adoption. The investigations conducted established that the Applicants are morally, socially, emotionally, and financially suitable to adopt the child. 14.No adverse information was disclosed against the Applicants. Issues for Determination 15.Having considered the pleadings, affidavits, statutory reports, and the evidence tendered before Court, the following issues arise for determination.I.Whether the Applicants have satisfied the legal and procedural requirements for adoption under the Constitution of Kenya and the Children Act, 2022.II.Whether the Applicants are suitable and fit persons to adopt the child herein.III.Whether the child herein has been lawfully declared free for adoption.IV.Whether the proposed adoption is in the best interests of the child.V.Who should bear parental responsibility over the child in the event of death or incapacity of the Applicants before the child attains the age of majority. 16.The Court is guided by Article 53(2) of the Constitution of Kenya, which provides that:“A child’s best interests are of paramount importance in every matter concerning the child.” 17.The same principle is echoed under Section 8 of the Children Act, 2022, which obligates all courts and institutions dealing with children to treat the best interests of the child as the primary consideration. 18.In adoption matters, the Court exercises a special jurisdiction whose primary objective is the welfare of the child. 19.In re AMM (Child) [2015] eKLR, the Court held that:“The duty of the Court in matters of adoption is to carefully examine all circumstances and ensure that the proposed adoption promotes the welfare and best interests of the child.” 20.Similarly in re B (Baby) [2018] eKLR, the Court observed that adoption is intended to provide a child with permanence, stability, parental care, and emotional security where such child may otherwise lack a family environment. 21.The Court further takes guidance from In re PK (Child) [2020] eKLR, where the Court stated that:“Adoption is not merely a legal process but a social and humanitarian undertaking intended to secure the future of a child through integration into a loving and stable family.” Determination of the Issues I. Whether the Applicants have satisfied the legal and procedural requirements for adoption under the Constitution of Kenya and the Children Act, 2022 28.The Court has carefully considered whether the Applicants have complied with the constitutional and statutory requirements governing adoption proceedings in Kenya. 29.The Court notes that the Applicants jointly instituted these proceedings as husband and wife and therefore possess the legal capacity to adopt under the Children Act, 2022. 30.The Court further notes that the child was declared free for adoption by a registered Adoption Society and the requisite certificate was duly produced before Court. 31.In compliance with the law, this Court appointed SNW as Guardian Ad Litem and directed the County Director of Children Services, Kakamega County, to conduct investigations into the suitability of the Applicants and file reports before Court. 32.Both the Guardian Ad Litem and the Director of Children Services subsequently filed favorable reports recommending the adoption. 33.The Applicants also confirmed before Court that they understood the permanent legal consequences of adoption, including that the child would acquire all rights of a biological child. 34.The Court is therefore satisfied that all constitutional, legal, and procedural requirements for adoption have been fully complied with. II. Whether the Applicants are suitable and fit persons to adopt the child herein 35.The Court has also considered whether the Applicants are suitable and fit persons to assume parental responsibility over the child. 36.The reports filed before Court indicate that the Applicants are financially stable, emotionally mature, socially responsible, and possess suitable living conditions for raising the child. 37.The Director of Children Services confirmed in the report dated 3rd April,2025 that the Applicants have demonstrated the ability to provide proper parental care, emotional support, healthcare, education, and general welfare to the child. 38.The Guardian Ad Litem equally confirmed that the Applicants have treated the child with love, care, dignity, and affection and that the child has settled well within the family environment. 39.The Court observed the demeanor of the Applicants during the hearing and found them candid, responsible, and fully committed to the welfare of the child. 40.Guided by the holding in re GWN (Child) [2022] eKLR, this Court is satisfied that the Applicants are suitable and fit persons to adopt the child herein. III. Whether the child herein has been lawfully declared free for adoption 41.The Court has considered whether the child herein was lawfully declared free for adoption in accordance with the law. 42.Evidence was produced before Court confirming that Kenya Children’s homes Adoption Society issued a certificate dated 15th June 2022, declaring the child free for adoption as required under the Children Act, 2022. 43.The Court is satisfied that the mandatory legal requirement concerning declaration of the child as free for adoption was duly complied with. 44.In re B (Baby) [2018] eKLR, the Court emphasized that an adoption order cannot issue unless the child has first been lawfully declared free for adoption by a duly registered Adoption Society. 45.The Court therefore finds that the child herein was lawfully declared free for adoption. IV. Whether the proposed adoption is in the best interests of the child 46.This Court must ultimately determine whether the proposed adoption serves the best interests of the child, which remains the paramount consideration in all matters concerning children. 47.The evidence before Court demonstrates that the child has bonded well with the Applicants and has integrated into their family environment. 48.The reports filed by the Guardian Ad Litem and the Director of Children Services confirm that the child is emotionally secure, properly cared for, and thriving within the Applicants’ home. 49.The Applicants have demonstrated willingness and ability to provide the child with parental care, education, shelter, medical care, emotional support, and stability. 50.In re Adoption of CBN (Minor) [2017] eKLR, the Court observed that the purpose of adoption is to secure for a child a permanent family environment characterized by love, protection, care, and dignity. 51.Similarly, In re PK (Child) [2020] eKLR, the Court stated that adoption seeks to secure the future welfare and emotional stability of a child through integration into a loving family. 52.The Court is persuaded that granting the adoption order herein will provide the child with permanence, stability, emotional security, and an opportunity to grow within a nurturing family environment. 53.Consequently, the Court finds that the proposed adoption is in the best interests of the child. Who should bear parental responsibility over the child in the event of death or incapacity of the Applicants before the child attains the age of majority 54.The Court must also ensure that suitable arrangements exist for the care of the child in the event of death or incapacity of the Applicants before the child attains the age of majority. 55.SNW consented to act as legal guardian of the child and filed the requisite consent before Court. 56.The Court has considered the suitability of SNW and is satisfied that she is capable of assuming parental responsibility over the child should the need arise. 57.The Court therefore appoints SNW as the legal guardian of the child in the event of death or incapacity of the Applicants before the child attains the age of majority. Final Orders 58.Consequently, the Court makes the following orders:a.The Applicants, BMN and ENM, are hereby authorized to adopt the child known as GJ (Infant).b.Upon adoption, the child shall henceforth be known as [Gabriel Mutua Matata].c.The child is hereby declared a Kenyan citizen by birth.d.SNW is hereby appointed as the legal guardian of the child in the event of death or incapacity of the Applicants before the child attains the age of majority.e.The Registrar is directed to make the appropriate entries in the Adopted Children Register.f.The Guardian Ad Litem is hereby discharged from her duties. 58.It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 2ND DAY OF JUNE, 2026.S.N MBUNGIJUDGEIn the presence of:-CA: Zilda/VelmaParties present.