https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12659

In re KAD (A Minor) (Adoption Cause E064 of 2026) [2026] KEHC 12659 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12659 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E064 of 2026 CJ Kendagor, J July 30, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF KAD A MINOR AND IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION In the matter of Ed Applicant Judgment 1.Before this Court is the application dated 2nd April, 2026. The Applicant ED is seeking to be authorized to adopt Baby KAD hereinafter referred to as (“the Child”) and upon adoption, the Child is to maintain the name KAD. The Applicant has nominated LLAO for appointment as the Child’s legal guardian upon the granting of the adoption orders. 2.The Applicant is a Kenyan citizen, as evidenced by her National Identity Card. 3.The Applicant is an Advocate and has presented their financial statements and assets. 4.The Child was born to MMM and the late LDA. The Child’s mother passed away on 15th May 2024. The biological father of the Child was informed of the mother’s demise, but he has neither responded nor gotten in touch with the Child or his remaining family. His whereabouts remain unknown. The Child has remained under the care and custody of the brother KDO, with the help of the Applicant, to date. 5.The Child’s older brother KDO, residing out of the country, gave his consent towards the Child’s adoption on 12th February, 2026. The other sibling also gave his written consent vide a letter dated 6th January, 2026. 6.The Applicant has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem indicate that she is eligible to adopt. 7.She has expressed her desire to formalize her relationship with the Child through adoption, as she has been caring for and supporting the minor, even while the mother was still alive. 8.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 9th June, 2026 indicates that the adoption is a kinship adoption. The Child is being adopted by his maternal aunt. 9.Pending hearing of the application before this Court, AAO was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the Applicant is able to care for the minor and meet his needs. 10.RSO, the proposed legal guardian, is a Kenyan citizen as evidenced by her National Identity card. She is the Applicant’s friend. She consented to being the legal guardian with the full understanding of the mandate. 11.At the hearing, the Child looked healthy, happy, and showed a strong bond with the Applicant. He referred to the Applicant as his mother. 12.Having been born to MMM and the late LDA, Kenyan citizens, 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. 13.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. 14.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the report from Kenya Children’s Adoption Society Office, 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 parent. 15.I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life. In the circumstances, I allow the Amended Originating Summons dated 13th May, 2026 and make the following orders:a.The Applicant, ED, is authorized to adopt the Child known as Baby KAD.b.Upon adoption, the Child shall maintain his name KAD.c.RSAO 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 30TH DAY OF JULY, 2026.……………………C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl