[2025] KEHC 8013 (KLR)

Parties

Procedural Posture

Adoption Cause / Ruling on Application for Adoption; Consideration Deferred Pending Further Report

Legal Issues

1. 1 Whether the court can grant an adoption order where one applicant exceeds the statutory age limit of 65 years.
2. 2 Whether there are exceptional circumstances to warrant an adoption order despite the age restriction under section 186(2) of the Children Act 2022.
3. 3 What is in the best interests of the child in the circumstances of this application.

Ratio Decidendi

The court found that, although the applicants are otherwise suitable and the child has bonded well with them, the 1st applicant is over the statutory age limit of 65 years as prescribed by section 186(2) of the Children Act 2022. The law is clear that, unless there are exceptional circumstances, an adoption order cannot be granted to an applicant above 65 years. The Department of Children Services objected on this basis, and the court agreed that the statutory bottleneck applies. However, the court recognized that section 186(5) allows for exceptions where special circumstances are demonstrated. Since no such circumstances had yet been shown, the court deferred consideration of the...

Court Disposition

consideration of adoption application deferred pending further report on exceptional circumstances

Orders

• Consideration of the application for adoption is deferred to await demonstration of any exceptional circumstances to warrant the making of the adoption order notwithstanding the 1st applicant having attained the age of 65 years.
• The Children Officer Kirinyaga County is requested to file a further report on the child as to any exceptional circumstances and/or alternative methods of providing for protection, care and control of the child consistent with his best interests in terms of Article 53 of the Constitution.