https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6587

NCS & another (Adoption Cause E012 of 2025 & E013 of 2026 (Adoption Cause E012 of 2025 & E013 of 2026 (Consolidated)) [2026] KEHC 6587 (KLR) (Family) (11 May 2026) (Ruling) Neutral citation: [2026] KEHC 6587 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E012 of 2025 & E013 of 2026 (Consolidated) CJ Kendagor, J May 11, 2026 IN THE MATTER OF AN APPLICATION FOR RECOGNITION OF A FOREIGN ADOPTION ORDER AND IN THE MATTER OF SECTION 207 OF THE CHILDREN ACT, 2022 In the matter of NCS 1st Applicant LAF 2nd Applicant Ruling 1.This ruling pertains to Adoption Cause Nos. E012 and E013 of 2026. The Court finds it appropriate to consolidate the two applications in this Ruling, given that the adoptive order under reference was issued jointly in a single document and the examination of the issues is interconnected. 2.E012 of 2026 relates to YNS, and E013 of 2026 relates to BNS. 3.The proceedings are initiated by way of Originating Summons (O.S) filed by NCS and LAF, who are the adoptive parents of YNS and BNS. The O.S seeks the following orders;i.That this honourable court be pleased to recognize and adopt the Adoption Order dated 6th April, 2009 issued by the Federal Democratic Republic of Ethiopia, Federal First Instance Court in respect of the minor, YNS;ii.That the said Adoption Order be entered as a judgment of this honourable court and be given full legal effect with the Republic of Kenya;iii.That the Registrar General be directed to make an entry of this Adoption in the Adopted Children’s Register and issue an Adoption Certificate in respect of the minor;iv.That the Director of Immigration be directed to recognize the minor as a child of the Applicants for purposes of citizenship and travel documentation;v.Any other orders as this honourable court may deem fit and just for the best interest of the minor. 4.At the hearing, the Court directed that the Applicants and the children attend the hearing. The Applicants indicated that the Adoption Orders were made when YNS was three years old, while BNS was five months old. The children also testified that they have been in the joint custody and care of their adoptive parents. Analysis and determination 5.The Applicants are seeking orders of recognition and adoption of the adoption orders dated 6th April, 2009, issued by the Federal First Instance Court of the Republic of Ethiopia, in respect of YNS and BNS. 6.The applicable law on the recognition of foreign adoption orders is Section 207 of the Children Act, 2022 which provides as follows;207Effect of inter-country adoptions(1)Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall have the same effect as an adoption order validly made under this Act.(2)Subsection (1) shall apply to an adoption in any place outside Kenya if— (a) the adoption order was made by a Court of law in the Commonwealth and any Court of competent jurisdiction in any other country;(b)in consequence of the adoption, according to the law of that country, a right superior to that of any natural parent of the adopted child in respect of the custody of the child; and(c)in consequence of the adoption, the adopter had, immediately following the adoption, according to to that of any natural parent in respect of any property of the adopted person which was capable of passing to the parent or any property of the child dying intestate without other next of kin, and domiciled in that place where the adoption was made and a national of the country which had jurisdiction in respect of that place, but nototherwise.(3)An adoption order made outside Kenya in favour of an adopter who is resident in Kenya shall be lodged in the Court within the period and in the manner specified in the rules made in accordance with this Act. 7.The Court has reviewed the submitted documentation, which includes the following:i.Proof of nationality of the Applicants;ii.Adoption Order dated 6th April, 2009, issued by the Federal First Instance Court in the Republic of Ethiopia in respect of YNS and BNS;iii.A certified translation of the Adoption Order;iv.Birth Certificates issued to YNS and BNS post the Adoption Orders;v.Passport documents for the Applicants, YNS and BNS. 8.The Court takes judicial notice that, although the Republic of Ethiopia is not a member of the Commonwealth, Section 207 of the Children Act recognizes the validity of adoption orders issued by competent Courts in other countries, whether or not those countries are part of the Commonwealth. 9.The Adoption Order is clear that it relates to YNS and BNS and was issued on 6th April, 2009. The Order indicated that the children had been abandoned and referenced an investigative report by the Ministry of Women Affairs. The Ethiopian Revised Family Code of Proclamation No. 213/1992 (later amended) was the governing law on adoption matters at the time, and inter-country adoptions were still permitted. On the basis of the evidence presented, the Court is satisfied that the Adoption Order was issued by a competent Court in the Republic of Ethiopia and is therefore valid. 10.NCS (father) is a Kenyan Citizen and resident in Kenya. Kenya recognizes dual citizenship under Article 16 of the Constitution, allowing dual citizens to adopt under the domestic adoption framework. This exempts them from the moratorium on inter-country adoptions by foreigners issued on 27th November, 2014. 11.The parties have stated that LAF is an American citizen and that the children hold American citizenship following the recognition of the Adoption Order in USA. They therefore seek an order directing the Director of Immigration (Kenya) to recognize YNS and BNS as the Applicants’ children for the purposes of citizenship and travel documentation. 12.While Section 207 of the Children Act provides for recognition of an adoption order issued by a foreign Court, it does not automatically grant Kenyan citizenship to an adopted child who is not already a Kenyan citizen. The child so adopted still has to make an application as provided for under Article 15 (3) of the Constitution, Section 14 of the Kenyan Citizenship and Immigration Act and Regulation 10 of the Kenya Citizenship and Immigration Regulations. The recognition of the foreign adoption order by the Kenyan Court only provides the Applicant with additional documentation they may present to support their application for citizenship. 13.In light of the foregoing, the Court hereby grants prayer 1 of the Originating Summons dated 3rd February, 2026. Specifically, the Court finds that the adoption order dated 6th April, 2009, issued by the Federal First Instance Court of the Republic of Ethiopia, concerning YNS and BNS, meets the requisite criteria outlined in Section 207 of the Children’s Act of Kenya. Consequently, this adoption is recognized and validated as having the same legal effect as an adoption order duly issued under Kenyan Law. 14.The orders shall be extracted and issued for each file. 15.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 11TH DAY OF MAY, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMs. Kasira, Advocate for Applicants