https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8577

In re J-BMAA (A Minor) (Family Originating Summons E107 of 2025) [2026] KEHC 8577 (KLR) (Family) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8577 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Family Originating Summons E107 of 2025 CJ Kendagor, J June 17, 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 IN THE MATTER OF J-B.MAA, A MINOR In the matter of EMA Applicant Ruling 1.The proceedings in this case are initiated by way of Originating Summons dated 1st December, 2025 filed by EMA, who is the adoptive parent of J-B.M.A.A. The O.S seeks the following orders;i.Spent;ii.That this Court recognizes and adopts the Judgment of the High Court (First Class) of Porto-Novo, Benin dated 5th March, 2025 issued in Benin by President Clement Dossou, in case no. PORT/2024/RG/0802 as a Judgment of this Honourable Court;iii.That the Court do make an order directing the Registrar General to make an entry in the Adopted Children’s Register recording the adoption;iv.Any other orders as this honourable court may deem necessary;v.Costs to be in the cause. 2.The Applicant states that he and his late wife, M.E.C.N.A., have lived with the Minor since he was 9 months old. At the time of the application, J-B.M.A.A. was 17 years old. He produced an adoption order issued in Benin in respect of the Minor as well as the consent from the biological parents that allowed the adoption. They presently reside in Kenya. Analysis and determination 3.The issue that arises for determination in this case is;Whether the court should recognize and adopt the Judgment of the High Court (First Class) of Porto-Novo, Benin, dated 5th March, 2025, issued in Benin by President Clement Dossou, in case no. PORT/2024/RG/0802 as a Judgment of the Court. 4.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—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(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 not otherwise.(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. 5.The Court has reviewed the submitted documentation, which includes the following:i.Proof of nationality of the Applicant;ii.Proof of residency of the Applicant;iii.Proof of nationality of the Child;iv.Adoption Order issued by the High Court (First Class) of Porto-Novo, Benin, dated 5th March, 2025, issued in Benin by President Clement Dossou, in case no. PORT/2024/RG/0802;v.Consent by the biological parents. 6.The Court takes judicial notice that, although the Republic of Benin 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. 7.The Adoption Order in question clearly articulates that it specifically pertains to the Minor, J-B.M.A.A, and is duly issued in favour of the Applicant, who is recognized as the adoptive parent. The document details the Applicant’s identification, including passport information, thereby validating the Applicant’s identity. Additionally, the marriage certificate verifies that the Applicant and the deceased adoptive mother, who is a Kenyan Citizen by birth, are a couple. 8.The consent signed by the biological parents provides a detailed background on the custody history before the adoption. It also describes the circumstances under which parental rights were relinquished. Collectively, these documents confirm the legitimacy of the adoption process. 9.This Adoption Order has been translated by Alliance française, a recognised institution that offers official, certified translation and interpretation services. From the order, I am able to determine the considerations that the High Court at Benin gave, which mirror the adoption examination conducted in Kenya to ensure that an adoptive parent understands the implications of the adoption order. 10.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 Benin and is therefore valid. 11.E.M.A. is a Kenyan citizen by marriage and a resident of Kenya. He holds dual citizenship in the Republic of Benin, where the adoption order was issued, and the Child is also a citizen of Benin. 12.In the O.S, he has asked the Court to issue an order directing the Registrar General to make an entry in the Adopted Children’s Register. While a recognized foreign adoption order carries the same legal weight as a domestic adoption order, an application must be submitted to the Registrar General for the physical entry into the Adopted Children Register. 13.I must at this stage also mention that Section 207 of the Children Act provides for recognition of an adoption order issued by a foreign Court; it does not automatically confer Kenyan citizenship to an adopted child. The adoptive parent(s) and the Child so adopted must still make an application as provided 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. 14.The Court cannot bypass the statutory process for citizenship registration or the functions of the Registrar General. 15.In light of the foregoing, the Court hereby grants prayer 1 of the Originating Summons dated 1st December, 2025. Specifically, the Court finds that the Adoption Order dated 5th March, 2025, issued by the High Court (First Class) of Porto-Novo, Benin, in the Republic of Benin, by President Clement Dossou, in case no. PORT/2024/RG/0802 concerning J-B.M.A.A, 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. 16.Prayers 2 will ultimately be considered by the responsible public authority. 17.No order as to costs. 18.Orders accordingly. conclusionsDATED AND SIGNED AT NAIROBI ON THIS 17TH DAY OF JUNE, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl