https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8575

In re Baby AB aka IMM (A Minor) (Adoption Cause E035 of 2026) [2026] KEHC 8575 (KLR) (Family) (18 June 2026) (Judgment) Neutral citation: [2026] KEHC 8575 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E035 of 2026 CJ Kendagor, J June 18, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF APPLICATION OF BABY AB aka LMM (A MINOR) In the matter of OMG 1st Applicant RNM 2nd Applicant Judgment 1.Before this Court is the application dated 24th February, 2025. The Applicants OMG and RNM are seeking to be authorized to adopt Baby AB hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as LMM. BNM was nominated for appointment as the Child’s legal guardian upon granting of the adoption orders. 2.The Applicants are married as is evidenced by their marriage certificate. The Applicants’ financial capacity and ability to provide for the Child are evidenced by their payslips, bank statements and M-Pesa statements. Their health status is good, as evidenced by their medical reports, and they have no previous criminal record, as evidenced by police clearance certificates issued by the Directorate of Criminal Investigations. 3.They pursued adoption driven by their wish to grow their family and care for a child. 4.The proposed legal guardian, BNM, is related to the Applicant. BNM is a brother of the 2nd Applicant. He confirmed that he had consented to serve as legal guardian and that they understood the role he would undertake. 5.The report from the Ministry of Gender, Culture and Children Services State Department for Children Services (Limuru Sub-County) dated 4th May, 2026 indicates that the Child is male. He is Kenyan, and his biological parents are unknown, having been abandoned. The Child was declared free for adoption on 19th March, 2025 by Kenya Children’s Home Services vide freeing Certificate Serial Number 1071. 6.The Child is presumed to be a Kenyan citizen by birth by virtue of Article 14 (4) of the Constitution, having been found in Kenya at the time of his rescue, with his nationality and parents unknown. 7.In light of the best interests of the Child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the Child’s best interests in making decisions touching on her.a.Article 53 of the Constitution, 2010 states that a Child’s best interests are of paramount importance in every matter concerning the Child.b.Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;1.In all actions concerning Children, whether undertaken by public of private social welfare institutions, courts of law, administrative authorities or legislative bodies:a.The best interests of the Child shall be the primary consideration;b.The best interests of the Child shall include, but shall not be limited to the considerations set out in the First Schedule.2.All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the Child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to: -a.safeguard and promote the rights and welfare of the Child;b.conserve and promote the welfare of the Child; andc.secure for the Child such guidance and correction as is necessary for the welfare of the Child, and in public interest.3.In any matters affecting a Child, the Child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the Child’s age and degree of maturity.c.The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:1.The age, maturity, stage of development, gender, background and any other relevant characteristics of the Child.2.Distinct special needs (if any) arising from chronic ailment or disability.3.The relationship of the Child with the Child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the Child’s welfare.4.The preference of the Child, if old enough to express a meaningful preference.5.The duration and adequacy of the Child’s current living arrangements and the desirability of maintaining continuity.6.The stability of any proposed living arrangements for the Child.7.The motivation of the parties involved and their capacities to give the Child love, affection and guidance.8.The Child’s adjustment to the Child’s present home, school and community.9.The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the Child and the other parent and/ or guardian (s), including physical access.10.The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in Child care.11.Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.12.The effect of the Child if one parent/guardian has sole authority over the Child’s upbringing.13.The existence of domestic abuse between the parents/guardian(s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the Child.14.The existence of any history of Child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the Child.15.Where the Child is under one year of age, whether the Child is being breast-fed.16.The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.17.Where there is a person residing with a parent or guardian, whether that person; -a.Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.b.Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.18.Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the Child. 8.The report from the Ministry of Gender, Culture and Children Services State Department for Children Services (Limuru Sub-County), the report from Kenya Children’s Home Services, the guardian ad litem and the proposed legal guardian indicate that the Child is well known to the adoptive parents and that he will be well taken care of in their care and custody. 9.I find that this adoption is in the best interest of the Child. 10.In the circumstances, I allow the Originating Summons dated 24th February, 2026 and make the following orders:a.The Applicants OMG and RNM are authorized to adopt the Child known as AB.b.Upon adoption, the Child shall be known as LMM.c.The Child is declared to be a Kenyan citizen by birth and is entitled to all rights and benefits under the Constitution of Kenya, 2010 and all applicable laws.d.BNM is appointed as the legal guardian of the Child.e.The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child.f.The Registrar of births and deaths is directed to issue a birth certificate in respect of the Child’s new name.g.The guardian ad litem is hereby discharged. 11.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT ONLINE PLATFORM ON THIS 18TH DAY OF JUNE, 2026........................................C. KENDAGORJUDGEIn the presence of:Court Assistant: Ms. LibertineMs. Nyanjiru Advocate for the Applicant.