https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7642

In re ATMM (Minor) (Adoption Cause E023 of 2026) [2026] KEHC 7642 (KLR) (Family) (21 May 2026) (Judgment) Neutral citation: [2026] KEHC 7642 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E023 of 2026 CJ Kendagor, J May 21, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY ATMM (A MINOR) In the matter of JMN 1st Applicant JGM 2nd Applicant Judgment 1.Before this Court is the application dated 12th February, 2026. The Applicants JMN and JGM are seeking to be authorized to adopt Baby ATMM hereinafter referred to as the Child and upon adoption, the Child is to be known as ATMM. DNM and EMW were nominated for appointment as the Child’s legal guardians upon granting of the adoption orders. 2.The Applicants are married with five Children, one of whom is deceased. They are Kenyan Citizens, as is evidenced by copies of their Kenyan National Identity Cards. Their financial capability and ability to provide for the Child is evidenced by MPESA statements. Their health status is good, as evidenced by their medical reports, and they have no prior criminal record, as evidenced by the Certificates of Conduct. 3.The report from the Ministry of Gender, Culture and Children Services State Department for Children Services (Nairobi County) dated 17th April, 2026 indicates that the Child is female and her biological parents are unknown. The Child was declared free for adoption on 18th May, 2023 by Buckner Kenya Adoption Services vide freeing Certificate Serial Number 0xx5. 4.The Applicants have been fostering the Child for approximately 13 years since she was placed with them after her rescue. The Child was officially placed in their custody through a Care and Protection Order issued by the Nairobi Children Court, MCP&CC0/E096/2023. 5.The Child is presumed to be a Kenyan citizen by virtue of Article 14(4) of the Constitution, having been found in Kenya, with her parents unknown at the time of her rescue. 6.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; 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 2022provides 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. 7.The report from the Ministry of Gender, Culture and Children Services State Department for Children Services (Nairobi County), the report from Buckner Kenya Adoption Services, the guardian ad litem and the proposed legal guardians indicate that the Child is well known to the adoptive parents and that she will be well taken care of in their care and custody. During the proceedings, the Child affirmed that she is comfortable and well cared for by the Applicants. 8.I believe this adoption serves the best interest of the Child, while also providing JMN and JGM an opportunity to gain parental rights and responsibilities over the Child. 9.In the circumstances, I allow the Originating Summons dated 12th February, 2026 and make the following orders:a.The Applicants JMN and JGM are authorized to adopt the Child known as ATMM.b.Upon adoption, the Child shall be known as ATMM.c.The Child is declared to be a Kenyan citizen by birth and is entitled to all rights and benefits under the Constitution of Kenya, 2010 and all applicable laws.d.DNM and EMW are appointed as legal guardians of the Child.e.The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child.f.The Registrar of Births and Deaths is directed to issue a Birth Certificate in respect of the Child’s new name.g.The Guardian ad litem is hereby discharged. 10.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:Mrs. Obara Advocate for the Applicants.Ms. Beryl Anindo – Court Assistant.