[2025] KEHC 9976 (KLR)

[2025] KEHC 9976 (KLR)

The court found that the applicants, JGK and FWW, satisfied all statutory requirements for adoption under the Children Act, 2022, including age, marital status, and suitability as adoptive parents. The child, having been abandoned and with no known relatives, qualifies for adoption and for presumption of Kenyan citizenship by birth under Article 14(4) of the Constitution. All requisite reports from the adoption agency, the Principal Children’s Officer, and the guardian ad litem were positive and recommended the adoption. The court emphasized the best interests of the child as the guiding principle, noting that the applicants are capable of providing a stable, loving home. The court also...

Citation
[2025] KEHC 9976 (KLR)
Parties
Applicant: JGK; Applicant: FWW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Adoption Cause E290 of 2024
Procedural Posture
Adoption Cause / Judgment
Outcome
Application for adoption allowed; orders granted as prayed.
Judges
PM Nyaundi
Legal Topics
Adoption Orders, Best Interests of Child, Citizenship of Child, Local Adoption Requirements
Source Language
English
Family and Children Adoption Orders Best Interests of Child Citizenship of Child Local Adoption Requirements

Case Brief

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Parties

JGK

Applicant

FWW

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2022.
  2. 2 Whether the adoption is in the best interests of the child as required by law.
  3. 3 Whether the child should be presumed a Kenyan citizen by birth under Article 14(4) of the Constitution.

Ratio Decidendi

The court found that the applicants, JGK and FWW, satisfied all statutory requirements for adoption under the Children Act, 2022, including age, marital status, and suitability as adoptive parents. The child, having been abandoned and with no known relatives, qualifies for adoption and for presumption of Kenyan citizenship by birth under Article 14(4) of the Constitution. All requisite reports from the adoption agency, the Principal Children’s Officer, and the guardian ad litem were positive and recommended the adoption. The court emphasized the best interests of the child as the guiding principle, noting that the applicants are capable of providing a stable, loving home. The court also...

Court Disposition

Application for adoption allowed; orders granted as prayed.

Orders

  • The applicants, JGK and FWW, are authorized to adopt Baby FA alias FA alias F.
  • The child shall henceforth be known as NFG.