https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11839

In re PMN (Minor) (Adoption Cause E345 of 2025) [2026] KEHC 11839 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 11839 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E345 of 2025 H Namisi, J July 30, 2026 IN THE MATTER OF KINSHIP ADOPTION OF PMN (MINOR) In the matter of RRO 1st Applicant GNO 2nd Applicant Judgment 1.Before this Court is the Originating Summons dated 27 November 2025, Statement in support of the Application for an Adoption Order and Affidavit in support of the Application, seeking the following orders:i.That the Applicants, RRO and GNO, be allowed to adopt the child currently identified as PMN;ii.That henceforth, the child be renamed as POO;iii.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;iv.That EOO and MMA 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;v.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Registrar and issue a Certificate to that effect;vi.That the relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the child;vii.That the Directorate of Immigration Services be directed to issue a Passport to the child;viii.That the Guardian ad litem be discharged;ix.That this Court do issue such further orders as are in the interest of justice. The Applicant 2.The 1st Applicant is a Kenyan citizen born on 1 May 1985, in Kericho County. He is presently 41 years old. Having relocated to the United States of America in 2017, he is currently employed by the [Particulars withheld], stationed in [Particulars withheld] under Supply Management. His employment yields a robust income, ensuring substantial financial security for his dependents. Despite his overseas deployment, the evidence demonstrates that he maintains constant communication with his family and regularly returns to the matrimonial home in Kenya. 3.The 2nd Applicant is a Kenyan citizen born on 4 June 1988, in Makueni County. She is currently 37 years old. She operates as an astute businesswoman and farmer. She manages the primary household and exercises daily care and control over the Minor and his younger siblings. 4.Both Applicants are devout Christians, actively participating in the Deliverance Church International in [Particulars withheld], Nairobi, where the 2nd Applicant serves in a leadership capacity. The Applicants solidified their union by contracting a civil marriage under the Marriage Act, 2014 on 10 November 2016. This union is evidenced by Marriage Certificate. The adoption of the child herein was not an afterthought; the social inquiry reports indicate that the formal adoption of the child was a shared commitment agreed upon by the Applicants as part of their marriage vows. 5.The Applicants' marriage has been further blessed with two biological children. The family resides in a substantial, five-bedroom, owner-occupied mansion situated on a securely fenced plot in Machakos County. The Child 6.The child was born on 2 March 2010, at the Makueni District Hospital located in Makueni County. He is currently a male adolescent aged 16 years. The child was born to the 2nd Applicant and a biological father identified on the birth notification and subsequent Certificate of Birth (Serial No. 14xxxx21) as GNW. 7.The evidentiary record indicates that the relationship between the 2nd Applicant and GNW was a brief dalliance that dissolved prior to the child's birth. The 2nd Applicant's uncontroverted testimony, corroborated by the social inquiry reports, establishes that upon being informed of the pregnancy in 2009, the biological father absconded. Over the ensuing 16 years, he has manifested a total abdication of parental responsibility. He has made no effort to contact the child, has provided zero financial maintenance, and has played no role whatsoever in the child's upbringing, education, or emotional development. 8.Faced with this complete abandonment, the 2nd Applicant assumed the sole burden of raising the child. Relying on her own industriousness and the support of her extended family, specifically her parents, she successfully provided for the child's basic needs, healthcare, and early education. 9.The trajectory of the child's life shifted significantly in July 2015, when the 2nd Applicant met the 1st Applicant through mutual business interests. At that juncture, the child was 5 years old. Following a period of courtship, the Applicants commenced cohabitation in November 2015. From the very inception of their cohabitation, the 1st Applicant voluntarily and unequivocally assumed a paternal role towards the child, providing the financial sustenance, emotional support, and parental guidance that had been entirely lacking from the biological father. The Adoption Application 12.I have considered the Summons, the evidence on record, as well as the various reports filed. 12.The duty of this Court is to analyse the material before it to determine whether the Applicant is a suitable adoptive parent. The Applicants stated that they are committed Christians and intend to raise the child in a Christian development to ensure full spiritual development. 12.The Applicants filed a comprehensive bundle comprising 25 distinct exhibits, annexed to their Affidavit in Support. The Court has scrutinised these documents to verify their authenticity, relevance, and compliance with the statutory thresholds set out in Section 186 of the Children Act. 12.Additionally, pursuant to section 186 of the Act, the Applicants provided letters of consent from Eric Osiemo Ongwenyi and Mary Moraa Achoki agreeing to be appointed as the legal guardians of the child in the event that anything untoward happens to the Applicants. The proposed legal guardians confirmed that they completely understand their role and what is expected of them. Analysis and Determination 12.In deciding any matter involving a child, the Court is obligated to give priority to the best interests of the child. Section 8 of the Children Act provides: 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;a.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;a.Conserve and promote the welfare of the child; anda.Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest. 12.Under Section 184(1) of the Act, no person shall commence any arrangements for the adoption of a child unless an approved adoption society has declared the child free for adoption. The Applicants appropriately engaged Buckner Kenya Adoption Services, a society duly registered under the Act. 12.The Society submitted a Declaration Report and a Certificate Declaring the Child Free for Adoption, both dated March 19, 2026, alongside the original freeing certificate from November 15, 2024. The Society's social worker, Irene Ogutu, and the Country Director, Dickson Masindano, conducted an exhaustive inquiry into the Applicants' personal histories, marital stability, and motivations. 12.The Agency's report highlights that the 1st Applicant has acted as the child's de facto father for over a decade. The social worker observed that the relationship between the child and the adoptive father is deeply established and that this is the only dad the child knows. The report confirmed that the biological father has never been present and his whereabouts are entirely unknown. Following rigorous interviews and a home study, the Case Committee of Buckner Kenya convened, assessed the Application, and was entirely satisfied that the Applicants are fit for this kinship adoption. The Agency strongly recommended the granting of the adoption orders, positing that it is unequivocally in the best interests of the child. 12.The Directorate of Children's Services conducted an independent investigation and filed a detailed report dated 22 April 2026. The Report details a secure, spacious, five-bedroom home where the child possesses his own en-suite bedroom. The Report provides an objective assessment of the familial bonds. The officer observed the child interacting with his mother and his younger siblings, noting that the child appeared happy and well bonded. Although the 1st Applicant was away on military duty in the USA during the visit, the officer interviewed the child regarding his relationship with his step-father. The report states: "The child in this matter understands about the kinship adoption that is at hand and is happy and ready to have the male applicant in this matter as his father". 12.The Guardian Ad litem, Ms. Osiro, filed a highly detailed and perceptive report dated 13 April 2026. The report is particularly valuable for its granular detailing of the child's daily life. The Guardian ad litem assesses the child as a kind, responsible, cool, calm and collected child who is highly respectful. 12.Section 193(1) of the Act provides that kinship adoption order may only be made in favour of a relative of the child. In this instance, the 2nd Applicant is the biological mother of the child. 12.In view of the foregoing, the Court is satisfied that:i.The proposed adoption is a kinship adoption, meaning that the child will continue to be within the family.ii.The adoption will be in the best interest of the child; andiii.The Applicants have been approved as prospective adoptive parents by competent social workers through a duly registered Adoption Society under the Department of Children Services; thus they are able to effectively handle their parental responsibilities. 12.Accordingly, I allow the Summons and make the following orders:i.The Applicants, R.R.O and G.N.O, are hereby authorised to adopt the child identified as PMN, who shall henceforth be known as Peter Ombegi Ongweyi;ii.E.O.O and M.M.A are appointed as the legal Guardians of the child;iii.The Guardian ad Litem is hereby discharged;iv.The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;v.The relevant department under the Civil Registration Services is hereby directed to issue a post adoption Certificate of Birth in respect of the child;vi.The Directorate of Immigration Services is hereby directed to issue a passport to the child. DATED AND DELIVERED AT NAIROBI THIS 30 DAY OF JULY 2026HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:For Applicants: Ms KimenyiApplicants presentCourt Assistant: Lucy Mwangi