[2025] KEHC 8807 (KLR)

[2025] KEHC 8807 (KLR)

The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2022. The applicants are close relatives (grandparent and step-grandparent), have been the child's primary caregivers, and have demonstrated capacity to provide for the child's welfare. The biological mother...

Source-derived case information.

Citation
[2025] KEHC 8807 (KLR)
Parties
Applicant: NWKW; Applicant: PBW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Adoption Cause E030 of 2025
Procedural Posture
Adoption Cause / Judgment
Outcome
originating summons allowed; adoption granted
Judges
CJ Kendagor
Legal Topics
Adoption Orders, Kinship Adoption, Best Interests of Child, Parental Consent, Child Welfare, Legal Guardianship
Source Language
english
Family and Children Adoption Orders Kinship Adoption Best Interests of Child Parental Consent Child Welfare Legal Guardianship

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Summary, issues, holding and outcome

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Parties

NWKW

Applicant

PBW

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements to adopt the child under the Children Act, 2022.
  2. 2 Whether the adoption is in the best interests of the child as required by Article 53(2) of the Constitution and the Children Act, 2022.
  3. 3 Whether the consent of the biological mother is valid and sufficient for the adoption to proceed.

Ratio Decidendi

The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2022. The applicants are close relatives (grandparent and step-grandparent), have been the child's primary caregivers, and have demonstrated capacity to provide for the child's welfare. The biological mother gave valid consent, acknowledging her inability to care for the child. Reports from the relevant authorities and the guardian ad litem confirmed the applicants' suitability and the child's positive adjustment in their care. The adoption is in the best interests of the child, ensuring stability, continuity, and access to opportunities. The court also appointed a legal guardian...

Court Disposition

originating summons allowed; adoption granted

Orders

  • The applicants NWKW and PBW are authorized to adopt the child known as BK.
  • Following the adoption, the child will henceforth be known as BKW.