https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8392

In re LMM (Applicant) (Adoption Cause E002 of 2026) [2026] KEHC 8392 (KLR) (Family) (16 June 2026) (Ruling) Neutral citation: [2026] KEHC 8392 (KLR) Republic of Kenya In the High Court at Nyandarua Family Adoption Cause E002 of 2026 KW Kiarie, J June 16, 2026 In the matter of LMM Applicant Ruling 1.LMM, the applicant, moved the court by way of Originating Summons dated 21st day of March 2026 and brought under sections 4, 154, 156(1), 157, 158, 159, 162, 163 &170 of the Children Act, 2001 and Articles 14 (4) & (53( 2) of the Constitution of Kenya. 2.The applicant is seeking the following orders:a.That the consent of the biological father be dispensed with since the biological mother of the minor left the marriage 9 years ago.b.That the applicant herein be authorized to adopt the said child and the child be henceforth called Victor Waiganjo Mbugua.c.That the child be presumed to be a Kenyan citizen having been born in Kenya.d.That the Register – General do make the appropriate entries in the adopted children register in respect of the minor. Further, the Registrar of Births and Deaths do issue a birth certificate in respect thereof.e.That the guardian ad litem, SKN, be discharged and TWN be appointed as the legal guardian of the minor herein if the applicant herein is in any way incapacitated or in any way unable to discharge her parental obligations.f.That the court does issue such other orders as may be necessary in the best interest of the child. 3.The application is premised on the following grounds:a.That the biological father has consented to the minor being offered for adoption.b.That the applicant wants to ensure that the minor herein is brought up in a safe and conducive environment and with access to all his economic and social needs.c.That the applicant is ready and willing to assume full parental responsibility of the minor.d.That the applicant has one child of her own, hence will prove parental care to the minor.e.That the applicant is aunt to the minor. 4.It seems the applicant was unaware that the Children Act No. 8 of 2001 had been repealed and replaced by the Children Act No. 29 of 2022. Adoption matters are addressed under Part XIV. 5.Before a child can be placed for adoption, it is necessary to comply with section 184 (1) (a) of the Act, which states:(1)1) A person shall not commence any arrangements for the adoption of a child unless—(a)The Council, in accordance with the rules, has declared the child free for adoption; 6.Under the Act, Council is defined as follows:“County Children Advisory Committee" means the Advisory Committee established under section 54;This has not been demonstrated to have been complied with. 6.This application lacks the necessary details and does not comply with the Children Act No. 29 of 2022 to warrant the orders sought. It has been declined but can be redeemed with strict compliance with the Act. DELIVERED AND SIGNED AT NYANDARUA, THIS 16TH DAY OF JUNE 2026.KIARIE WAWERU KIARIEJUDGE