https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7711

In re AMO (Baby) (Adoption Cause E067 of 2025) [2026] KEHC 7711 (KLR) (Family) (21 May 2026) (Judgment) Neutral citation: [2026] KEHC 7711 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E067 of 2025 CJ Kendagor, J May 21, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY AMO Between Ano Applicant and So Applicant Judgment 1.Before this Court is the application dated 28th February, 2025. The Applicants ANO and SO are seeking to be authorized to adopt Baby AMO hereinafter referred to as (“the Child”) and upon adoption, the Child will retain his name as AMO. EAO and EMM were nominated for appointment as the Child’s legal guardians upon the granting of the adoption orders. 2.The Applicants are a married couple, as demonstrated by the marriage certificate produced in Court. ANO has dual citizenship of Kenya and Austria, while SO is an Austrian Citizen. They currently live in Austria and have four biological children. They have indicated that their motivation to adopt is to provide a stable home environment and adequately meet minors’ emotional, educational, medical and general welfare needs under their care. 3.The adoption in question is a kinship adoption. ANO is the brother of MNO, the Child’s biological mother. The father’s whereabouts are currently unknown. MNO testified that she is choosing to give the child up for adoption to her brother and sister-in-law because she is unable to meet the Child’s needs, and ANO has been assisting her. 4.The report from the Ministry of Labour and Social Protection, State Department of Social Security and protection Department of Children Services (Nairobi County) dated 26th November, 2025 indicates that the Child is male. He is Kenyan, and his biological mother is known and has consented to the adoption. The report indicates that the Child expressed that he feels unwanted in his current family setup, where he lives with his mother and stepfather. It also notes that the Child’s stability was affected by the fact that he previously lived with his grandparents before moving in with his mother and her new family. 5.The Court interviewed the Child, who stated he is in Grade 9 and is well aware of what the adoption process involves and the implications of the adoption order. He expressed his strong desire for the adoption to be allowed. 6.The Child was declared free for adoption on 29th January, 2024 by KKPI Adoption Society vide freeing Certificate Serial Number 1007. 7.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. 8.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;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; 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. 9.The report from the Ministry of Labour and Social Protection, State Department of Social Security and protection Department of Children Services (Nairobi County), the report from KKPI Adoption Society, the guardian ad litem and the proposed legal guardians indicate that the Child will be well taken care of in their care and custody. 10.I find that this adoption aligns with the best interests of the Child. It is considered a Kinship adoption. Kenya recognizes dual citizenship under Article 16 of the Constitution, allowing dual citizens to adopt under the domestic adoption framework. This exempts the Applicants from the moratorium on inter-country adoptions by foreigners issued on 27th November, 2014. 11.It is the responsibility of the adoptive parents to ensure that the Child obtains any necessary documentation required by the country of residency. They are directed to inform the Court of the status of this documentation within one year of the Child’s relocation, if any. 12.In the circumstances, I allow the originating summons dated 28th February, 2025 and make the following orders:a.The Applicants ANO and SO are authorized to adopt the Child known as AMO.b.Upon adoption, the Child’s name remains as AMO.c.EAO and EMM are appointed the 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 guardian ad litem is hereby discharged. 13.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 21ST DAY OF MAY, 2026.………………………C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Getanda, Advocate for the Applicants.