https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8256

In re DW (Minor) (Adoption Cause E032 of 2026) [2026] KEHC 8256 (KLR) (Family) (4 June 2026) (Judgment) Neutral citation: [2026] KEHC 8256 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E032 of 2026 CJ Kendagor, J June 4, 2026 IN THE MATTER OF DW, A MINOR AND IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION In the matter of Smw 1st Applicant Smw 2nd Applicant Judgment 1.Before this Court is the application dated 18th February, 2026. The Applicants SMW and SMW are seeking to be authorized to adopt Baby DW hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as DW. SNI is to be appointed as the Child’s legal guardian upon the granting of the adoption orders. 2.The 1st Applicant is a Kenyan citizen with dual citizenship, while the 2nd Applicant is an American citizen, as evidenced by their Passports and National Identity Cards. The Applicants are married, as evidenced by their marriage certificate, license number 2005-xxxxxx. 3.The female Applicant is a registered nurse employed by Life Care Centre, Texas, United States of America who specializes in special needs professional health care work and skilled to offer the required care for the minor Child, while the male Applicant is self-employed and runs a healthcare facility as well as works for a movie production as a part time job in America and they have presented their financial statements and assets. 4.The Applicants have four biological Children, each of whom has given their consent for the adoption of the Child. The family has undergone background checks, and reports from the Texas Health and Human Services in the United States indicate they are eligible to adopt. They have indicated that they would like to legalise 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 05th April, 2026 indicates that the adoption is a kinship adoption. The Child is being adopted by his maternal aunt and her husband. Both parents and their siblings have consented to the adoption. 6.The Applicants have been supporting the Child’s parents in providing for the Child’s medical and educational requirements. The Child was diagnosed with Celebral Palsy at the age of one year. Over time, the Applicants noticed many changes and feel the Child deserves better medical attention. The female Applicant is a professional in rehabilitation and special-needs health and has access to clinics that would benefit the Child. 7.The Child’s parents, upon discussion with the Applicants, went to Change Trust Adoption Agency and made their intention of giving up their Child for adoption known. The Child was declared free for adoption vide certificate serial number xxxxxx issued on 28th May 2024. 8.Pending hearing of the application before this Court, PNM was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the Applicant was a good family fit for the Child. 9.SNI, the proposed legal guardian, is the 1st Applicant’s brother, who also lives and works in the United States of America. 10.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. 11.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;11.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. 12.Section 186 (6) (f) of the Children’s Act further provides:6.The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant or joint applicants, or any of them—(f)is a foreign applicant except where the applicant is a biological relative of the Child. 13.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the report from Change Trust Adoption Society, the guardian ad litem, and the proposed legal guardian all indicate that the Child will be well taken care of in the care and custody of the adoptive parents. 14.I am convinced that this adoption offers the child a significant opportunity for an improved quality of life. With the adoptive parent’s extensive background in supporting individuals with special needs, the Child will have access to enhanced medical care and attention. This nurturing environment will not only address his physical health requirements but also ensure that he receives the emotional and developmental support necessary to thrive. 15.In the circumstances, I allow the Originating Summons dated 18th February, 2026 and make the following orders:a.The Applicants, SMW and SMW, are authorized to adopt the Child known as Baby DW.b.Upon adoption, the Child shall be known as DW.c.SNI is appointed as the legal guardian 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 guardian ad litem is hereby discharged. 16.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 04TH DAY OF JUNE, 2026.……………………….C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl