https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6017
The court found that the applicants were fit and suitable adoptive parents, that the procedural and statutory requirements for adoption had been satisfied, and that granting the adoption was in the best interests of the child. It therefore issued the adoption order and consequential directions.
Source-derived case information.
- Citation
- [2026] KEHC 6017 (KLR)
- Parties
- Applicant: MOS; Applicant: SNI; Minor/child Subject of Adoption: MB alias MBS; Guardian Ad Litem: TKI; Guardian Ad Litem: NMK
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2025
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Originating Summons allowed; adoption granted
- Judges
- ["A Mabeya"]
- Legal Topics
- Intercountry Adoption Compliance, Best Interests of the Child, Fitness and Suitability of Adoptive Parents, Guardian Ad Litem Appointment, Registration in Adopted Children’s Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MOS
Applicant
SNI
Applicant
MB alias MBS
Minor/child Subject of Adoption
TKI
Guardian Ad Litem
NMK
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the applicants met the legal requirements for adoption under the Children’s Act
- 2 Whether the adoption was in the best interests of the child
- 3 Whether the adoption process complied with Article 23 of the Hague Convention
Ratio Decidendi
The court found that the applicants were fit and suitable adoptive parents, that the procedural and statutory requirements for adoption had been satisfied, and that granting the adoption was in the best interests of the child. It therefore issued the adoption order and consequential directions.
Court Disposition
Originating Summons allowed; adoption granted
Orders
- The adoption process was done in compliance with Article 23 of the Hague Convention.
- MOS and SNI are authorized to adopt MB alias MBS and an Adoption Order is issued.
Full Case Text
Judgment text and source record
1 paragraphs
In re MB alias MBS (Minor) (Adoption Cause E002 of 2025) [2026] KEHC 6017 (KLR) (6 May 2026) (Judgment) Neutral citation: [2026] KEHC 6017 (KLR) Republic of Kenya In the High Court at Kisumu Adoption Cause E002 of 2025 A Mabeya, J May 6, 2026 IN THE MATTER OF AN ADOPTION OF MB alias MBS - MINOR AND IN THE MATTER OF AN APPLICATION BY MOS & SNI Judgment 1.This is a Judgment on the Originating Summons dated 24/2/2026. The Summons sought for an order of adoption of baby MB alias MBS (‘the child’). It also sought an order directing the Registrar General to make an entry in the Adopted Children’s Register following granting of the adoption orders. 2.The applicants are a married couple residing in Mamboleo, Kisumu County. The Child is a male estimated to have been born on the 28/2/2024. The subject’s biological parents are unknown as he was found abandoned in Langas area near Studio area on 28/2/2024. 3.The applicants have no children of their own. They are a full time Pastor and Registered Nurse, respectively and assert that they are financially stable with their own residence within Kisumu County. 4.They contend that Little Angels Network Case Committee considered their application for adoption and was satisfied that they met the legal and social parameters for adoption. 5.TKI and NMK, consented to be appointed as a Guardian ad Litem and they were accordingly appointed as such. 6.The provisions of sections 184 to 186 of the Children’s Act set out the requirements for adoption. This Court has considered the same. On 28/4/2026, both the applicants and NMK, one of the guardians’ ad litem appeared and testified before me. Their evidence is on record. 7.I have considered the said testimonies, the entire record together with the Children’s Officer’s report dated 9/4/2026. I am satisfied that the applicants are fit and suitable to be granted the prayers they seek and that the provisions of the law cited above have been met. Further, I have considered that it is in the best interest of the Child that the orders sought be made. 8.Accordingly, I allow the Originating Summons and make the following orders: -a.That the adoption process herein was done in compliance with Article 23 of The Hague Convention.b.That MOS & SNI be and are hereby authorized to adopt the child MB alias MBS and an Adoption Order is hereby issued accordingly.c.That TKI and NMK be and are hereby appointed and confirmed as the guardian ad litem of the Child.d.That the Registrar General do make the appropriate entry of this adoption in the Adopted Children’s Register accordingly.e.There shall be no orders as to costs.It is hereby so decreed. DATED AND DELIVERED AT KISUMU THIS 6TH DAY OF MAY, 2026.A. MABEYA, FCI ArbJUDGE