[2025] KEHC 7862 (KLR)
The court determined that, although the applicants were otherwise fit to adopt, their lack of psychological and emotional readiness rendered them unsuitable as adoptive parents at this time. The court concurred with the Children Officer's assessment that forcing the adoption against the applicants' wishes would not...
Source-derived case information.
- Citation
- [2025] KEHC 7862 (KLR)
- Parties
- Applicant: NM; Applicant: KGM
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Withdrawal of Adoption Application
- Outcome
- Adoption application withdrawn; child to be returned to care institution or suitable alternative placement.
- Judges
- HM Nyaga
- Legal Topics
- Adoption Procedure, Best Interests of Child, Withdrawal of Adoption Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NM
Applicant
KGM
Applicant
Procedural Posture
Adoption Cause / Ruling on Withdrawal of Adoption Application
Legal Issues
- 1 Whether the adoption application should be allowed to be withdrawn by the applicants.
- 2 What orders should be made regarding the care and placement of the child after withdrawal of the adoption application.
- 3 How to safeguard the best interests of the child in light of the applicants' withdrawal.
Ratio Decidendi
The court determined that, although the applicants were otherwise fit to adopt, their lack of psychological and emotional readiness rendered them unsuitable as adoptive parents at this time. The court concurred with the Children Officer's assessment that forcing the adoption against the applicants' wishes would not serve the child's best interests and could be detrimental to his development. The paramount consideration was the welfare and best interests of the child, which required that he be placed in an environment where he is wanted and cared for. Accordingly, the court ordered the return of the child to Ripples International for care and protection, or, if that was not possible, for...
Court Disposition
Adoption application withdrawn; child to be returned to care institution or suitable alternative placement.
Orders
- The Children Officer shall liaise with the applicants to have child M.M. alias M.M.M returned to Ripples International for care and protection.
- If Ripples International is unable to receive the child, the Children Officer shall find a suitable alternative placement and may approach the court for variation of placement orders.
Full Case Text
Judgment text and source record
29 paragraphs
In re Adoption of Baby MM aka Baby MMM (Child) (Adoption Cause E002 of 2024) [2025] KEHC 7862 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7862 (KLR)
Republic of Kenya
In the High Court at Meru
Adoption Cause E002 of 2024
HM Nyaga, J
May 29, 2025
In the matter of
NM
1st Applicant
KGM
2nd Applicant
Ruling
1. By an Originating Summons dated 3rd September, 2024, the Applicants herein (N.M. and K.G.M.) applied for orders that they be allowed to adopt Baby M.M. alias Baby M.M.M.
2. The Applicants filed all the requisite documents which are listed in their list of documents filed with the originating summons.
3. When the parties appeared in court, an unusual occurrence took place. The Applicants stated that there were no longer interested in pursuing the adoption. They gave their reasons which are on the court record but for legal reasons, will not be restated herein.
4. The court referred the Applicants to the Children Officer who filed a report, whose contents I have noted but, again, for legal reasons and in order to protect the child, the same will not be set out in this ruling.
5. It suffices to state that while the Children Officer found the Applicants to be socially, physically and financially fit to be appointed as adoptive parents, they are not psychologically and emotionally ready to became such. They reiterated their desire to halt the process.
6. The Children officer found that if the adoption orders are granted against the wishes of the Applicants, the child will grow up in an environment where he may eventually feel unwanted, which will be detrimental to his development.
7. Given the turn of events, the court has to make a decision on how to deal with the child.
8. Article 53(2) of the Constitution provides as follows regarding matters involving a child:-“A child’s best interests are of paramount importance in every matter concerning the child.”
9. In addition Section 8(1) of the Children Act 2022 provides as follows:-“Best interests of the child. 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies— (a) the best interests of the child shall be the primary consideration.”
10. Therefore in whatever decision that the court has to make, the primary concern is the welfare of the child.
11. Having considered the matter, I concur with the Children Officer that the Applicant are not psychologically ready to adopt the baby. It is a sad situation since the baby has been with them for quite some time. He has adjusted to life with the Applicants. The Applicants’ other child has also gotten used to having a baby brother around. However, the future of the child is of paramount importance.
12. Consequently, I order that the Children Officer liaises with the Applicant to have child M.M. alias M.M.M returned to Ripples International for care and protection.
13. In the event that Ripples International, for some reason are unable to receive the child, the Children Officer is to find a suitable alternative. The officer may approach the court for a variation of the placement orders.
14. Even as the adoption is halted, I would strongly advise the Applicants to make sure that the process of releasing the child does not traumatize him. A child is not a commodity that can just be delivered at once. They will need to, if necessary, make it a gradual process. The process will undoubtedly affect all the parties including the applicants. A follow up counselling session is highly recommended.
15. The court will give a mention date to confirm the status of the child and make any other necessary orders.
DATED, SIGNED AND DELIVERED IN MERU THIS 29THDAY OF MAY, 2025. H. M. NYAGAJUDGE