https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7713

In re JA (Child) (Adoption Cause E022 of 2026) [2026] KEHC 7713 (KLR) (Family) (21 May 2026) (Judgment) Neutral citation: [2026] KEHC 7713 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E022 of 2026 CJ Kendagor, J May 21, 2026 IN THE MATTER OF THE CHILDREN ACT IN THE MATTER OF THE ADOPTION OF BABY JA In the matter of Sm 1st Applicant Nwn 2nd Applicant Judgment 1.Before this Court is the Originating Summons dated 12th February, 2026. The Applicants SM and NWN are seeking to be authorized to adopt baby JA, hereinafter referred to as (“the Child”), and upon adoption, the Child is to be known as BNM. The Applicants nominated FMK and HNM for appointment as the Child’s legal guardians upon the granting of the adoption orders. 2.The Applicants, a married couple since 2005, are both citizens of Kenya, as demonstrated by their National Identity Cards. SM is currently employed as an electrical engineer at MPS, while NWN is a businesswoman. Their financial stability is supported by their financial statements, and they possess various assets registered under their names, indicating their capability to provide for a Child. Further, both Applicants are in good health, as corroborated by their medical reports, and they have no prior criminal records, as shown by their Certificates of Good Conduct issued by the Directorate of Criminal Investigations. They have indicated their desire to adopt the Child to expand their family and to provide her with a family and an environment where she can grow and feel loved. They have lived with the Child for 11 months and have bonded well, and wish to formalize their relationship through adoption. The Child has been in their custody since 24th September, 2025. 3.FMK and HNM, who are the proposed Legal guardians, are the Applicants’ long-time friends. They told the court that they are aware of the proceedings, understand the role of legal guardians, and have consented. 4.The Child was presented in Court in the company of the two Applicants, and her age was stated as 1 year 5 months. The Child seemed healthy and happy. 5.The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, dated 20th April, 2026, indicates that the Child is aged 1 year and 4 months old, having been born on 18th November, 2024. She is female and was rescued after being abandoned by her mother, JA, at Lumumba Sub-County Hospital in Kisumu, according to available documents. The matter was reported at Kisumu Central Police Station. The Child has remained unclaimed and was declared free for adoption on 23rd August, 2025, by Change Trust vide freeing certificate number XXXX. 6.The Child is presumed to be a Kenyan citizen by virtue of Article 14(4) of the Constitution, having been found in Kenya at the time of her rescue. 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 him.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 or 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’s Services, State Department for Children’s Services, the report from Change Trust, the guardian ad litem and the proposed legal guardians indicate that the Child is well known to the adoptive parents and that she will be well taken care of in their care and custody. 9.I am confident that the Applicants have a genuine desire to adopt the Child and are suitable as adoptive parents. 10.I believe that this adoption provides the Child with an opportunity for a better life in a loving and stable home with the adoptive parents. I have no doubt that the Child has formed a bond with the Applicants. 11.Based on the foregoing, I am satisfied that this adoption serves the Child’s best interest. As such, I do allow this application and make the following orders:a.The Applicants, SM and NWN are hereby authorized to adopt baby JA.b.Upon adoption, the minor shall be known as BNM.c.FMK and HNM are hereby appointed as the legal guardians of the minor.d.The Registrar General is hereby directed to make the entry of this adoption into the Register of Adoptions.e.The Child is presumed to be born on the 18th November, 2024 in Kisumu in the Republic of Kenya.f.The guardian ad litem is hereby discharged. 12.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 21ST DAY OF MAY, 2026.....................................C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl