https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6393

In re NACS (Minor) (Adoption Cause E027 of 2025) [2026] KEHC 6393 (KLR) (11 May 2026) (Judgment) Neutral citation: [2026] KEHC 6393 (KLR) Republic of Kenya In the High Court at Nakuru Adoption Cause E027 of 2025 JM Nang'ea, J May 11, 2026 IN THE MATTER OF AN APPLICATION FOR AN ORDER OF LEGAL CUSTODY IN RESPECT OF N.A.C.S ( MINOR) In the matter of CNK Applicant Judgment 1.By Originating Summons (“the O.S.”) dated 16/9/2025 the Applicant prays for orders as here below;-1.Spent.2.That she be authorized to have legal custody of N.A.C.S , a minor aged 8 years old.3.That if a legal Custody Order is granted, the Registrar General does make appropriate entries in the Custody Register and issue a Legal Custody Certificate in respect of the subject minor.4.Spent.5.That consent of the biological father of N.A.C. S be obtained.6.That the court does issue such other orders as may be necessary in the best interests of the minor. 2.The Applicant swore an affidavit in support of the O.S. She inter alia states that she was born in Nakuru City but resided in Nairobi at the time of bringing this Application. She is employed by the International Maize and Wheat Improvement Centre (CIMMYT). 3.The Applicant further avers that she is the biological mother of the subject minor who was born on 31/8//2017 at Baraka Maternity Hospital, Nakuru. One B.K.S is named as the biological father of the child who was conceived when her parents were students at Egerton University. Their relationship did not last long as they later broke up and lost contact with each other. 4.The Applicant continues to depose that since she was only a student, she could not provide for her child in respect of whom her mother took custody. The child now is a pupil at Melvin Jones Lions Academy in year 2B. 5.The court is told that the Applicant’s job entails lengthy travel and study abroad during which period her child has no access to both her parents. It would thus be in the interests of the child if legal custody is given to her, adds the Applicant. 6.For the stated reasons inter alia, the Applicant craves orders as prayed. 7.B.K.S. has no objection to the Application. By his affidavit sworn on 31/07/2025 he reiterates the Applicant’s evidence. 8.The court also had occasion to interact with the subject child aged 8 (eight) years or thereabouts who stated that she stays in Nakuru with the Applicant and her grandmother. She also confirmed attending school. 9.Article 53(2) of the Constitution provides that the child’s best interests are the paramount consideration in every aspect concerning the child’s welfare. This legal position is reiterated in Section 8(1) of the Children’s Act which provides that;“in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.” 10.This principle is underscored in Artilce (2) of the Geneva Declaration of the Rights of the Child (1924) as well as in Article 3 of the United Nations Convention on the rights of the child. The Kenyan courts in many cases including in Re B (Baby [2018] eKLR have given effect to this important principle by restating that the law is intended to protect and promote the welfare of children by according them stable family units under which to grow. Indeed Article 45(1) of the Constitution declares that;-“the family is the natural and fundamental unit in society and the necessary basis of social order, and shall enjoy the recognition and protection of the state.” 11.Having reviewed the evidence against the O.S., I find the O.S. to be merited. The subject child no doubt requires proper care and maintenance. It would appear that the Applicant wants to be able to travel with the child wherever she wishes to without inviting any legal questions as to her connection to the child whose father she is not married to. 12.The court allows Prayers 2 and 3 of the Application. JUDGEMENT DELIVERED VIRTUALLY THIS 11H DAY OF MAY, 2026.J.M. NANG’EA - JUDGE.In the presence of:Applicant’s Advocate, Ms OmwenyoApplicant, AbsentCourt Assistant (Jeniffer)