https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12661

In re AS (A Minor) (Adoption Cause E048 of 2026) [2026] KEHC 12661 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12661 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E048 of 2026 CJ Kendagor, J July 30, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF A S A MINOR AND IN THE MATTER OF AN APPLICATION FOR ADOPTION In the matter of Jgk 1st Applicant Hms 2nd Applicant Judgment 1.Before this Court is the application dated 25th February, 2026. The Applicants JGK and HMS are seeking to be authorized to adopt Baby AS hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as ZM. AS and SMN are to be appointed as the Child’s legal guardians upon the granting of the adoption orders. 2.The Applicants are Kenyan citizens, as evidenced by their National Identity Cards. They are married, as evidenced by their Certificate of Marriage under serial number 19xxx8, and blessed with two biological Children. 3.The 1st Applicant is gainfully employed, working as a publisher and pastor, while the 2nd Applicant is an Administrator and consultant. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 7th May, 2026 indicates that the Applicants have a stable household income. They have presented their financial statements and assets, which show that they have the financial means and capability to adopt and provide. 4.The Applicants have two biological Children. The firstborn gave his consent through a letter describing the Child as his sister, while the second born made a drawing of the complete family that included the Child. The family has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem indicate they are eligible to adopt. They have indicated that they would like to legalize their relationship through adoption to enable the Child to become a complete member of the family. 5.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 7th May, 2026 indicates that the adoption is a joint local adoption by a Kenyan couple. The Child was found abandoned behind Mlolongo Police Post within Machakos County by a good samaritan on 20th December 2024. On 23rd June, 2025 Mlolongo Police Station issued a 2nd Police letter indicating that nobody had claimed the Child and the search for her parents and kin had been fruitless. The Child was declared free for adoption vide Certificate serial number 0xx4 issued on 27th June 2025 by the Buckner Kenya Adoption Services. 6.Pending hearing of the application before this Court, DAO was appointed as Guardian ad Litem of the Child. She gave a positive report dated 25th May 2026 averring that the Child is in a very loving, protective, warm family and environment. The Child is deeply cherished in the close-knit family. 7.AS and SMN the proposed legal guardians, are Kenyan Citizens as evidenced by their National Identity cards. AS is the elder sister to the 2nd Applicant. They both gave their consent with the full understanding of the role. 8.The Child is a Kenyan citizen by virtue of Article 14 (4) of the Constitution of Kenya 2010 which provides that:“(4)A Child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by Birth.” 9.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 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. 10.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the guardian ad litem, and the proposed legal guardians all indicate that the Child will be well taken care of in the care and custody of the adoptive parents. 11.I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life. 12.In the circumstances, I allow the Originating Summons dated 25th February, 2026 and make the following orders:a.The Applicants JGK and HMS are authorized to adopt the Child known as Baby AS.b.Upon adoption, the Child shall be known as ZM.c.AS and SMN are appointed as the legal guardians of the Child.d.The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child.e.The Registrar of Births and Deaths is directed to issue a birth certificate in the Child’s new name;f.The guardian ad litem is hereby discharged. 13.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 30TH DAY OF JULY 2026.……………………C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMs. Kimenyi, Advocate for the Applicant