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Kenya Judgment

High Court · High Court at Nakuru

In re Adoption of EI and HB (Minors) [2025] KEHC 5259 (KLR)

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Source document

01

Holding and result

The court found that the applicants had demonstrated their fitness and suitability to adopt the minors, having cared for them for two years and established a strong familial bond. The reports from the Directorate of Children’s Services and the Adoption Society of Kenya were positive and confirmed that the adoption would serve the best interests of the children. The statutory requirements under the Children Act were satisfied, and no adverse information was presented. Accordingly, the court authorized the adoption, directed the relevant registries to update records, and confirmed the appointment of guardians ad litem.

Court disposition

application allowed

Orders

  • The applicants are authorised to adopt the minors EI and HB.
  • The Registrar General shall make appropriate entries in the Adopted Children’s Register in respect of the two minors.
  • The Registrar of Births and Deaths shall issue Birth Certificates for the minors.
  • SKN and NMM shall remain as Guardians Ad Litem to the minors.

02

Material facts

Parties

GNA

Applicant Counsel: Mr. Tanga

MNN

Applicant Counsel: Mr. Tanga

03

Procedural history

  1. Posture

    Adoption Cause / Ruling on Originating Summons

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants argued that they have had custody of the minors for two years, have bonded well with them, and meet all legal and social requirements for adoption. They relied on positive reports from the Directorate of Children’s Services and the Adoption Society of Kenya, which confirmed their suitability and the welfare of the children.
Respondent
There was no formal respondent; however, the Directorate of Children’s Services and the Adoption Society of Kenya supported the application through their reports, confirming the applicants' suitability and the best interests of the minors.

05

Court’s reasoning

  1. 01

    Children Act, 2022 (Kenya), Section 8

    The best interests of the child are paramount in adoption proceedings.

  2. 02

    Children Act, 2022 (Kenya), Sections 186-193

    Applicants for adoption must be fit and proper persons and must satisfy the statutory requirements for adoption.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicants had demonstrated their fitness and suitability to adopt the minors, having cared for them for two years and established a strong familial bond. The reports from the Directorate of Children’s Services and the Adoption Society of Kenya were positive and confirmed that the adoption would serve the best interests of the children. The statutory requirements under the Children Act were satisfied, and no adverse information was presented. Accordingly, the court authorized the adoption, directed the relevant registries to update records, and confirmed the appointment of guardians ad litem.

Obiter and limits

  • The court observed the clear bond between the applicants and the minors, wishing the family well in their future together.

Court disposition

application allowed

  • The applicants are authorised to adopt the minors EI and HB.
  • The Registrar General shall make appropriate entries in the Adopted Children’s Register in respect of the two minors.
  • The Registrar of Births and Deaths shall issue Birth Certificates for the minors.
  • SKN and NMM shall remain as Guardians Ad Litem to the minors.

Source and reliance status

High Court

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Judgment text

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Source document

High Court

Judgment

[2025] KEHC 5259 (KLR)

In re Adoption of EI and HB (Minors) (Adoption Cause E010 of 2025) [2025] KEHC 5259 (KLR) (29 April 2025) (Ruling)

Neutral citation: [2025] KEHC 5259 (KLR)

Republic of Kenya

In the High Court at Nakuru

Adoption Cause E010 of 2025

HI Ong'udi, J

April 29, 2025

IN THE MATTER OF ADOPTION OF EI AND HB (MINORS)

In the matter of

GNA

1st Applicant

MNN

2nd Applicant

Ruling

1. In the Originating Summons dated 28th February, 2025 the Applicants GNA and MNN sought among several prayers, the following:i.To be authorised to adopt the minors EI and HB.ii.The Registrar General to make appropriate entries in the Adopted Children’s Register in respect of the minors, and the Registrar of Births and Deaths to issue Birth Certificates in respect of the minors.

2. On 27/3/2025 this court appointed SKN ID No 10XXXX9, and NMM ID No 27XXXX69 as Guardians Ad Litem to the two minors.

3. The court called for reports from the Directorate of Children’s Services and the Adoption Society of Kenya. The two reports which are so detailed were filed on 28th and 29th April, 2025 respectively. The Change Trust who carried out the investigation on instructions of the Adoption Society of Kenya have confirmed that the two minors are fit for adoption. They had been in the custody of Haven of Hope facility in Nakuru before being taken in by the Applicants.

4. On 29/4/2025 the Applicants, their counsel Mr. Tanga, the Guardians Ad-Litem and the minors (E and H) presented themselves in court and made their application. They were each allowed to address the court. The couple has been with the children for two (2) years. The court could clearly tell that the family had bonded well with the children and I wish them well.

5. Following the interaction with the parties who were in court and following the distinct reports by the Directorate of Children’s Services and Adoption Society of Kenya I am satisfied that the Applicants are fit to adopt the two minors. I allow the application and issue the following orders:i.The Applicants are hereby authorised to adopt the minors EB and HB.ii.The Registrar General to make appropriate entries in the Adopted Children’s register in respect of the two minors.iii.The Registrar of Births and Deaths to issue Birth Certificates for the minors.iv.SKN and NMM to remain as Guardians Ad Litem to the minors.

6. Orders accordingly.

DELIVERED THIS 29TH DAY OF APRIL, 2025 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Children Act, 2022 (Kenya)

Legislation

Legislation referenced in the available case record.

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