https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8161

D aka. AN aka. ZO (Minor) (Adoption Cause E004 of 2026) [2026] KEHC 8161 (KLR) (10 June 2026) (Judgment) Neutral citation: [2026] KEHC 8161 (KLR) Republic of Kenya In the High Court at Embu Adoption Cause E004 of 2026 RM Mwongo, J June 10, 2026 IN THE MATTER OF THE CHILDREN ACT CAP. 141 OF THE LAWS OF KENYA IN THE MATTER OF THE ADOPTION OF BABY D a.k.a. A.N. a.k.a. Z.O. (MINOR) In the matter of MNM 1st Applicant CKR 2nd Applicant Judgment The Application 1.The applicants have filed an originating summons dated 05th March 2026, in which they seek the following orders from this court:1.That the Applicants be allowed to adopt the child currently identified as BABY D a.k.a. A.N. a.k.a. Z.O.;2.That henceforth, the child be renamed as PPN;3.That the child's date and place of birth be declared to be 29th September 2023 at Ruaraka Uhai Neema Hospital;4.That the child be presumed to be a Kenyan Citizen by birth; and consequently, be entitled to all the rights and benefits in respect thereof;5.That PNG and AGK be appointed as Legal Guardians of the child, in the event that the Applicants herein are incapacitated or in any way unable to discharge their parental obligations;6.That the Registrar General be directed to make the appropriate entries in the Adopted Children's Register and issue a Certificate to that effect;7.That the relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the child;8.That the Directorate of Immigration Services be directed to issue a Passport to the child;9.That the guardian ad litem be discharged; and10.That this Court do issue such further orders as are in the interest of justice. 2.The OS is accompanied by a statement by the applicants stating that they have been married to each other since 2015 and they have one adoptive son. They wish to adopt a child out of the desire to be parents to a second child. They stated that they have the means to raise the adoptive child as they both have decent incomes. They believe that they are emotionally, physically and mentally fit to raise the child. 3.They sought the assistance of Buckner Kenya Adoption Services through which agency the child was identified. The child’s mother consented to giving the child up for adoption because she could not provide for her basic needs. The child was placed under their care and they have been living with him since then. They stated that they fully understand their obligations as adoptive parents and they have the support of their nuclear and extended families. The Applicants’ Background 4.The 1st and 2nd applicants are a 40-year-old and 39-year-old husband and wife, respectively, who profess Christian faith. The 1st applicant runs an auto shop from which he earns an income of Kshs.50,000/= monthly. The 2nd applicant is an accountant at a secondary school earning about Kshs. 64,000 monthly. The couple also has some immovable assets in their names. They are confident that they have the financial means to take care of the child if an adoption order is made. 5.They are interested in adopting the child whom they have fostered for some time. They have never been convicted of any criminal offence. They understand what it means to adopt the minor and the obligations that come with that responsibility. Background of the child 6.According to a Pre-Adoption Birth Certificate, the child was registered on 06/10/2023. The child’s mother indicates the date of birth as 29th September 2023, after which she gave the child up for adoption. Her reasons were that she could no longer provide for the basic needs of the child since she was a school dropout from a poor and unstable background. The child’s mother gave her written consent whilst giving the child up for adoption to enable her get a stable life which she could not provide. Buckner Kenya Adoption Services secured this consent and made arrangements for the child to be placed in a children’s home awaiting adoption. After doing all due diligence, the child was declared free for adoption. Guardian Ad Litem 7.The application for adoption was accompanied by a Chamber summons of even date seeking that WKK be appointed as Guardian ad litem. The application was allowed through an order of the court issued on 28th April 2026, and WKK was appointed Guardian ad litem in accordance with section 188(1) of the Children Act. The court also ordered that the Guardian ad Litem and the Secretary of Children’s services do each file a report into court. Report by the Guardian ad litem 8.In accordance with section 188(2)(b) of the Children Act, the Guardian ad litem filed in court a confidential report dated 21st May 2026. In it, she confirmed her understanding of the case and highly recommended the applicants as adoptive parents to the child. She stated that the applicants live in a safe and comfortable home suitable for raising a child, who is developing well under their care. That they have bonded well with the child and they understand their role and obligations as adoptive parents to the child. Report by the Secretary, Children Services 9.Section 184(4) of the Children Act requires that the Office of the Secretary of Children Services shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings. In compliance with this provision, a report dated 25th May 2026 was filed by the Director Children’s Services. The report affirms that the applicants are financially stable and they have a few assets in their names. Following a home visit, it was noted that the applicants live and work in school staff quarters in a house that has 3 bedrooms and 2 bathrooms. The house is adequately supplied with amenities. The child enjoys living in the home with the applicants and she has her own bed. The applicants have bonded well with the child. Suitability of the applicants to adopt 10.Section 186(1) and (2) of the Children Act provides for who may adopt a child, as follows:“(1)The Court may make an adoption order on application by—(a)a sole applicant; or(b)two spouses jointly.(2)The Court shall not make an adoption order in any case unless—(a)the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and(b)the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.” 11.The applicants fulfill the conditions set in these provisions since they are within the allowable age bracket and are both at least 25 years older than the child. They are also Kenyan citizens; therefore, it is a local adoption. Best interest of the child 12.A child’s best interests are of paramount importance in every matter concerning the child. This is the dictate of Article 53(2) of the Constitution. Section 4(2) of the Children Act also elevates the best interest of the child and provides:“Despite subsection (1), a provision in another legislation on children matters may prevail if it offers a greater benefit in law to a child.” Report of the Child Adoption Society 13.Section 185(2) of the Children Act requires that an application for adoption be supported by a report of a duly registered adoption society. In this case, Buckner Kenya Adoption Agency filed a report detailing the circumstances of the child since she was given up for adoption by her mother. The child’s biological mother gave written consent severally allowing adoption of the child because of her family background and economic circumstances. The agency affirmed that the child’s biological mother understood that by giving up the child for adoption, she lost all her parental rights over the child. 14.The Adoption Society prepared the necessary documentation and declared the child free for adoption in accordance with section 184(1)(a) of the Children Act in the absence of adoption regulations under the Children Act, 2022. The Certificate for Declaring the Child free for Adoption is number 0966 dated 8th August, 2025. Conclusion and Disposition 15.The documentation presented in court regarding the adoption of the child qualifies her adoption by the applicants. The applicants also meet the legal requirements necessary to enable them to adopt the child. 16.In this court’s view, it is in the best interest of the child that she be adopted by the applicants. 17.Accordingly, therefore, the prayers sought are granted as follows:1.This adoption is deemed to be a local adoption;2.The applicants be and are hereby authorized to adopt BABY D a.k.a. A.N. a.k.a. Z.O. with the consent of the biological mother;3.Hence forth, Baby OM shall be known as PPN;4.The Registrar of Births and Deaths shall issue a post-adoption birth certificate in the name of the child, indicating the child's date and place of birth as 29th September 2023 at Ruaraka Uhai Neema Hospital;5.The child PPN is presumed to be a Kenyan citizen born in Kenya;6.The Registrar General shall make the appropriate entry regarding the adoption of PPN in the Adopted Children’s Register;7.The Registrar shall issue to the applicants with a certified copy of the entry pursuant to Order 4 herein in the Adopted Children Register, upon payment of the prescribed fee;8.The Directorate of Immigration Services is hereby directed to issue a Kenyan Passport to the child;9.The Guardian ad litem is hereby discharged; and10.PNG and AGK are hereby appointed Legal guardian of the child PPN. 18.Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 10TH DAY OF JUNE, 2026. R. MWONGOJUDGEDelivered in the presence of:Kimenyi for ApplicantFrancis Munyao - Court Assistant