https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8268

In re ALA (Minor) (Family Miscellaneous Civil Case E306 of 2025) [2026] KEHC 8268 (KLR) (Family) (4 June 2026) (Ruling) Neutral citation: [2026] KEHC 8268 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Family Miscellaneous Civil Case E306 of 2025 CJ Kendagor, J June 4, 2026 IN THE MATTER OF AN APPLICATION FOR RECOGNITION OF A FOREIGN ADOPTION ORDER AND IN THE MATTER OF SECTION 207 OF THE CHILDREN ACT IN THE MATTER OF ALA, A MINOR In the matter of OCMO Applicant Ruling 1.The proceedings in this case are initiated by way of Originating Summons dated 12th September, 2025 filed by OCMO, who is the adoptive parent of ALA. The O.S seeks the following orders;i.Spent;ii.That the order of the Honourable Nyang Wol Nyang made in the Juba County County in the Republic of South Sudan dated the 11/6/2025 and issued on the 12/6/2025 be lodged and made an order of this honourable court;iii.That the Applicant be authorized to adopt ALA to be known as ALA;iv.That the child be registered as Kenyan citizen;v.That the Registrar General be authorized to issue the child with a Kenyan passport;vi.That the child be granted a Kenyan birth certificate with the name of ALA;vii.That this honourable court be pleased to issue an order that for purpose of issuance of the birth certificate to the minor, the requirement for provisions for certificate of adoption be dispensed with to wit;a.Letter requesting to register the adoption from the adopter or advocate addressed to the Registrar General;b.Certified copy of the Adoption Order issued by the High Court;c.A copy of certificate declaring the child is free for adoption – this is issued by any registered adoption society;d.A copy of the report from the Director of Children Services;e.A copy of the Commital Order that was used to commit a child to respective Children’s Home;f.A copy of consent from the biological parent/guardian;g.A copy of birth certificate of the child.viii.Any other orders as this honourable court may deem fit and just for the best interest of the minor. 2.The Application is supported by the Supporting Affidavit of even date and a Further Affidavit dated 9th February, 2025. 3.The matter is related with Misc. E305 of 2025, filed by the Applicant and which relates to AKGA, Minor. 4.The documents produced in support of the application show that Juba County Court in the Republic of South Sudan issued an Adoption Order in respect of ALA, a Minor, to the Applicant, who is a Kenyan Citizen. The additional documentation shows an Adoption Order witnessed by the Legal Guardian ADT. The Adoption Order is dated 11th June, 2025, Serial Number 2xxx of 2025. 5.The Applicant states that he and his wife, CAR, live with the Minor in Kenya and that the main purpose of his application is to have the adoption order issued on 11th June, 2025, in the Republic of South Sudan recognised and adopted as orders of this Court, and that the Child be granted Kenyan citizenship pursuant to the Adoption Order. 6.Due to the nature of the orders sought, the Court directed that the pleadings be served upon the Attorney General, the Director of Children’s Services, the Registrar of Births and Deaths and the Director of Immigration. 7.The Attorney General entered an appearance representing the three departments. The Attorney General filed one affidavit dated 4th November, 2025, sworn by a Civil Registration Officer in Civil Registration Services under the Ministry of Interior and National Administration. 8.In the affidavit and submissions filed, the Attorney General argues that the Minor, having been born outside Kenya, is not eligible for a Kenyan Birth Certificate, as he was not a Kenyan citizen at the time of birth, and further that the adoption does not confer retrospective citizenship nor an automatic right to registration. Analysis and determination 9.The issues that arise for determination in this case are;a.Whether the Court should recognize and adopt the Adoption Order dated 11th June, 2025, issued by Juba County Court in the Republic of South Sudan;b.Whether the recognition and adoption of an adoption order confers automatic citizenship upon the adopted child. 10.The Applicant is seeking orders of recognition and adoption of the adoption order dated 11th June, 2025, issued by the Juba County Court of the Republic of South Sudan, in respect of AKGA. 11.The applicable law on the recognition of foreign adoption orders is Section 207 of the Children Act, 2022 which provides as follows;207 Effect of inter-country adoptions(1)Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall have the same effect as an adoption order validly made under this Act.(2)Subsection (1) shall apply to an adoption in any place outside Kenya if—Article 15(3) of the Constitution, Section 14 of the Kenyan Citizenship and Immigration Act, and Regulation 10 of the Kenya Citizenship and Immigration Regulations(a) the adoption order was made by a Court of law in the Commonwealth and any Court of competent jurisdiction in any other country;(b)in consequence of the adoption, according to the law of that country, a right superior to that of any natural parent of the adopted child in respect of the custody of the child; and(c)in consequence of the adoption, the adopter had, immediately following the adoption, according to to that of any natural parent in respect of any property of the adopted person which was capable of passing to the parent or any property of the child dying intestate without other next of kin, and domiciled in that place where the adoption was made and a national of the country which had jurisdiction in respect of that place, but nototherwise.(3)An adoption order made outside Kenya in favour of an adopter who is resident in Kenya shall be lodged in the Court within the period and in the manner specified in the rules made in accordance with this Act. 12.The Court has reviewed the submitted documentation, which includes the following:i.Proof of nationality of the Applicant;ii.Proof of residency of the Applicant;iii.Proof of nationality of the Child;iv.Adoption Order dated 11th June, 2025 issued by the Juba County Court in the Republic of South Sudan in respect of ALA;v.Certificate of good conduct issued by the Directorate of Criminal Investigations in favour of the Applicant;vi.Adoption Order witnessed by the Legal Guardian ADT. 13.The Court takes judicial notice that, although the Republic of South Sudan is not a member of the Commonwealth, Section 207 of the Children Act recognizes the validity of adoption orders issued by competent Courts in other countries, whether or not those countries are part of the Commonwealth. 14.The Adoption Order clearly specifies that it pertains to ALA and is issued in favour of the Applicant as the adoptive parent. His passport details are explicitly included in the Order. The biological father, ALA, is indicated as deceased. The family’s consent is reflected in the guardianship granted to ADT, who also witnessed the Adoption Order. ADT’s relationship is described as that of a cousin of the deceased ALA and the closest relative to the Child. 15.This Adoption Order has been authenticated by the Ministry of Foreign Affairs and International Cooperation in Juba and by the Embassy of South Sudan in Kenya. 16.On the basis of the evidence presented, the Court is satisfied that the Adoption Order was issued by a competent Court in the Republic of South Sudan and is therefore valid. 17.OCMO is a Kenyan citizen and resident in Kenya - he has asked the Court to issue an order directing the Director of Immigration (Kenya) to issue the Child with a Kenyan passport and directing the Registrar of Births and Deaths to issue a birth certificate in the Child’s name. 18.While Section 207 of the Children Act provides for recognition of an adoption order issued by a foreign Court, it does not automatically confer automatic Kenyan citizenship to an adopted child. The adoptive parent(s) and the Child so adopted must still make an application as provided under Article 15 (3) of the Constitution, Section 14 of the Kenyan Citizenship and Immigration Act, and Regulation 10 of the Kenya Citizenship and Immigration Regulations. 19.The Court has assessed the arguments put forward by the Attorney General and has concluded that, in light of the circumstances surrounding this case, orders for the issuance of a passport or a new birth certificate cannot be issued given the legal framework set out in Article 15 (3) of the Constitution, Section 14 of the Kenyan Citizenship and Immigration Act, and Regulation 10 of the Kenya Citizenship and Immigration Regulations, which ultimately preclude the automatic granting of Kenyan Citizenship to an adopted child who is not a citizen. 20.A public authority cannot act outside of the powers granted by statute. The Court cannot bypass the statutory process for citizenship registration either. 21.In light of the foregoing, the Court hereby grants prayer 2 of the Originating Summons dated 12th September, 2025. Specifically, the Court finds that the Adoption Order dated 11th June, 2025, issued by the Juba County Court of the Republic of South Sudan, concerning ALA meets the requisite criteria outlined in Section 207 of the Children’s Act of Kenya. Consequently, this adoption is recognized and validated as having the same legal effect as an adoption order duly issued under Kenyan Law. 22.Prayers 3 to 7, which implicitly seek automatic Kenyan citizenship for the adopted child, are hereby denied. Recognition of the foreign adoption order by the Kenyan Court provides the Applicant only with additional documentation to support the application for citizenship under Article 15 (3) of the Constitution of Kenya, which will ultimately be considered by the responsible public authority. 23.No order as to costs. 24.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 4TH DAY OF JUNE, 2026.………………………..C. KENDAGORJUDGEIn the presence of:Court Assistant: Beryl