https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8242

In re JAA (Child) (Adoption Cause E033 of 2026) [2026] KEHC 8242 (KLR) (Family) (4 June 2026) (Judgment) Neutral citation: [2026] KEHC 8242 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E033 of 2026 CJ Kendagor, J June 4, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF ADOPTION OF JAA In the matter of TOO 1st Applicant LAO 2nd Applicant Judgment 1.Before this Court is the application dated 23rd February, 2026. The Applicants TOO and LAO are seeking to be authorized to adopt JAA hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as JAAO. FOO and NCS are to be appointed as the Child’s legal guardians upon the granting of the adoption orders. 2.The Applicants are Kenyan citizens, evidenced by their Kenyan National Identity Cards. From the application herein and the pre-placement report by Little Angels Network, the adoption is a kinship adoption. The Child is 14 years old, female. The applicants are the uncle and maternal aunt of JAA. The Child is the 1st born Child to SAO, who died on 29th December 2011. The Child was taken in by her maternal grandparents after her mother’s demise, and later on moved in with the applicants at the age of six, where she has lived to date. 3.The applicants’ health status is good as per medical reports dated 24th October 2025, and they do not have any previous criminal records, as evidenced by their Police Clearance Certificates issued by the Directorate of Criminal Investigations. The applicants reported they derive income from employment and business, and own assets as well. The applicants desire to adopt the Child and give the Child an opportunity to a good life. 4.The grandmother of the Child declared her intention to give up the Child for adoption, stating that the Child is an orphan and that the applicants are in a better position to take care of the Child and give her a good education. 5.The Child was declared free for adoption by Little Angels Network on 7th November, 2024 vide freeing Certificate Serial Number xxxxxx. 6.Pending hearing of the application before this Court, EOO was appointed as Guardian ad Litem of the Child. He gave a positive report averring that the applicants were a good family fit for the Child. 7.ZON and MAO, the proposed Child’s legal guardians, are the grandparents of the Applicant. They both deeply care for Children and affirm their commitment. 8.There is a consistent message that there is an urge for TOO and LAO to adopt the Child. They would like to legalise the relationship between them and JAA through adoption to enable the child to become a complete member of the family. 9.The Child is a Kenyan citizen by virtue of Article 14 (1) which provides that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. 10.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; and(c)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. 11.The letter from the Ministry of Labour and Social Protection State Department of Social Protection - Directorate of Children’s Services (Kajiado County), the report from Little Angels Network, the guardian ad litem and the proposed legal guardians indicate that the Child will be well taken care of in the care and custody of the adoptive parents. 12.I find that this adoption gives the Child a chance at a better life and education in a loving and stable home with the adoptive parents. 13.In the circumstances, I allow the Originating Summons dated 23rd February, 2026 and make the following orders:(a)The Applicant TOO and LAO are authorized to adopt the Child known as Baby JAA.(b)Upon adoption, the Child shall be known as JAAO.(c)ZON and MAO are appointed as 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 respect of the Child’s new name.(f)The guardian ad litem is hereby discharged. 14.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 4TH DAY OF JUNE, 2026.C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl