https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6502

In re ASM (Minor) (Adoption Cause E001 of 2025) [2026] KEHC 6502 (KLR) (7 May 2026) (Judgment) Neutral citation: [2026] KEHC 6502 (KLR) Republic of Kenya In the High Court at Isiolo Adoption Cause E001 of 2025 SC Chirchir, J May 7, 2026 IN THE MATTER OF THE CHILDRENS ACT OF 2022 AND IN THE MATTER OF ASM (MINOR) In the matter of MSA 1st Applicant ZIS 2nd Applicant Judgment 1.Before this Court is the Application dated 1st April 2025 and amended on 02/03/2026. It seeks orders as follows: -a.That ASA (hereafter referred to as (ABSM) of P.o Box 36 Isiolo be appointed the guardian Ad Litem of the minor in this cause.b.That the Children’s Department do carry out the necessary investigations to find out the suitability of the Applicants to adopt the minor.c.That the Applicants be authorized to adopt the minor ( ASM)d.That the Registrar General do make the appropriate entries in the Adopted Children’s Register. 2.It is supported by the affidavit of the Applicants. 3.The Applicants are a couple who got married on 26/02/2022. They profess the Muslim faith and so does the child herein. The child was born on 06/03/2012 as per the birth certificate attached, while the Applicants were born on 01/03/1990 and 17/06/1994 respectively. They are also a pharmacist and a banker respectively. The 1st Applicant is an uncle to the child. It is further stated the 1st Applicant works in the United State of America (USA) but travels often to visit his family in Kenya, while the 2nd Applicant lives and works in Kenya. 4.“change Trust” organization has declared that the child is free for Adoption. The Directorate of Children Services through their Isiolo County Children’s Office has presented the report dated 22/09/2025 in support of the adoption. The reports are comprehensive . 5.The proposed legal guardian swore an Affidavit. The Child’s mother, FS, holder of identity Card No 23xxxxxx and Child’s father one MSA, holder of identity Card No 12xxxxxx each signed a consent in support of the adoption. The consents are both dated 13/03/2025. 6.Further the Court interviewed the Applicants, the child’s mother, the child and the proposed legal guardian in court on 11/3/2024 and each affirmed the proposed adoption. The child was also interviewed and he affirmed that he was aware about the adoption, though he did not know why he was in court. Determination 7.From the facts, it is evident that this is a kinship adoption in terms of Section 2 of the Children’s Act 2022. The 1st Applicant’s an uncle to the child and 2nd Applicant is the wife to the 1st Applicant. 8.In all matters touching on the child, the best interest of the child is of paramount consideration. Adoption is one such matter touching on a child. ( see Article 53(2) of the constitution and section 8 of the children’s Act 2022 ) 9.I have studied the reports; the various Affidavits filed by the various parties and heard the oral submissions of affected persons. what comes out is that the Applicants enjoy a better economic and social status than those of the child’s biological parents. The Applicants are gainfully employed while the biological parents are a herder and housewife respectively. In their Affidavits the biological parents have shown a desire for the child to be placed at a better social-economic level. The court also interviewed the child and though the child told the Court that he didn’t understand the proceedings, he stated that he was agreeable to “living with his uncle”. 10.It also came out from the evidence that the Applicants have two other children, who though of a younger Age, will provide the needed company for the child. The Child has also been spending school holidays with the Applicants and from the Adoption society report, the child is very much at ease in the Applicant’s home. 11.All circumstances considered I am satisfied that it is in the child’s best interest that the Applicants prayers be allowed. Both Biological parents have admitted that they are limited in their financial resources in providing for the child. Adoption by the Applicants herein will guarantee the child a better-quality education, and life in general. 12.I therefore allow the Application and proceed to make orders as follows: -a.The Applicants MSA and ZIS are authorized to adopt the child herein, known as, A.S.M.b.ABSM is hereby appointed as the legal guardian of the child.c.The child is presumed to be a citizen of Kenya and shall enjoy all rights freedoms and benefits under the Kenyan Constitution and all applicable laws.d.The Registrar General is hereby directed to make the appropriate entries in the Adopted Children’s Register. DATED, SIGNED AND DELIVERED AT ISIOLO, THIS 7TH DAY OF MAY, 2026.S. CHIRCHIRJUDGEIn the presence of:-Roba Kalelo-Court Assistant.Mr. Abdullahi for the Applicants