https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8301

In re LN (Adoption Cause E020 of 2025) [2026] KEHC 8301 (KLR) (10 June 2026) (Judgment) Neutral citation: [2026] KEHC 8301 (KLR) Republic of Kenya In the High Court at Nakuru Adoption Cause E020 of 2025 JM Nang'ea, J June 10, 2026 IN THE MATTER OF ADOPTION OF BABY LN In the matter of CNN 1st Applicant DMM 2nd Applicant Judgment 1.Vide Originating Summons dated 15/5/2025, the Applicants pray for orders as hereunder;1.Spent.2.Spent.3.Spent.4.That the Applicants, who are Kenyan citizens, be authorized to adopt LN born on 11/5/2016.5.That the Registrar-General be directed to enter the Adoption Order in the Register of Adoptions and a subsequent Birth Certificate does issue by the Registrar of Births and Deaths.6.That the court be pleased to make any other orders deemed necessary. 2.The Application was directed to be disposed of by affidavit evidence filed. It is supported by the 1st Applicants’ affidavit evidence which affidavit was sworn with the authority of the 2nd Applicant as well. The 1st and 2nd Applicants aver that they are Manager [Particulars Withheld] Flowers and Information Technology expert respectively, thus capable of taking care of LN. The child’s biological parents’ consent to the desired adoption is annexed to the Applicants’ affidavit. 3.It is further stated that the child has been in the 1st Applicant’s custody since her birth. Inter alia, the court is told that the Applicants’ have no criminal records and they have not made a similar Application before. 4.The Nakuru County Children’s Co-ordinator (Pilot Khaemba) does not also object to the Application and through his report dated 10/12/2025 approves the Applicants, both stated to be aged 43, as suitable to adopt the child. 5.The Application by its nature is described as kinship adoption and, therefore , appointment of a Guardian Ad Litem may not be necessary. In the same spirit, it is inappropriate to examine the child who, the court is told, thinks that the Applicants are her biological parents. 6.Having perused the material presented before the court in relation to the Application, the court’s duty is to determine if the Applicants are fit to adopt the subject child. Article 53 (2) of the Constitution provides that the child’s best interests are the paramount consideration in every aspect concerning the child’s welfare. This legal position is reiterated in Section 8 (1) of the Children’s Act which provides that;“in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.” 7.This principle is underscored in Article (2) of the Geneva Declaration of the Rights of the Child (1924) as well as in Article 3 of the United Nations Convention on the rights of the child. The Kenyan courts in many cases including in Re B (Baby [2018] eKLR have given effect to this important principle by restating that the law is intended to protect and promote the welfare of children by according them stable family units under which to grow. Indeed Article 45(1) of the Constitution declares that;-“the family is the natural and fundamental unit in society and the necessary basis of social order, and shall enjoy the recognition and protection of he state.” 8.LN as child no doubt requires parental care and guidance as well as provision of basic rights like food, shelter and clothing. I am satisfied that the Applicants have the requisite qualities and capacities to guarantee the child’s welfare as they have done since her birth. I declare LN free for adoption and allow the Applicants to adopt the minor. 9.The following orders accordingly issue;-a.The Applicants are hereby authorized to adopt the subject child.b.The Registrar-General shall enter this Adoption Order in the Adopted Children’s Register and issue a Certificate to that effect.c.Similarly, the Registrar of Births and Deaths shall issue a Certificate of Birth to the child. JUDGEMENT DELIVERED VIRTUALLY THIS 10TH DAY OF JUNE 2026J.M NANG’EA,JUDGE.In the presence of:The Applicants’ Advocate, Mr Gakinya.The Applicants, Absent.Court Assistant, JenifferJ. M NANG’EA,JUDGE.