https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12524

In re TI alias SG alias SGM (Minor) (Adoption Cause E001 of 2024) [2026] KEHC 12524 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 12524 (KLR) Republic of Kenya In the High Court at Nyeri Adoption Cause E001 of 2024 MA Odero, J July 31, 2026 IN THE MATTER OF ADOPTION OF BABY TI ALIAS SG ALIAS SGM (MINOR) In the matter of RTG Applicant Judgment 1.Before this Court is the Amended Originating Summons dated 29th July 2026 in which the Applicant RTG seeks the following orders:-1.Spent. 2.That RTG of P.O Box 575 Nyeri and National Id Number 03xxx22 in the Republic of Kenya be allowed to adopt BABY TI . 3.Spent.4.Spent.5.That LGK be appointed as the Legal guardian.” 2.The application was supported by the affidavit of even date sworn by the applicant and was canvassed by way of oral evidence. 3.The Applicant is a widow whose husband passed away in the year 2015. She has one biological child, a daughter aged 21 years. The Applicant told the court that she was unable to bear any other children hence her desire to adopt a child. 4.The Applicant confirmed to the court that she understood the legal implications of an adoption order. She undertook to accord to the child all rights due to a biological child including the right to inherit. Analysis And Determination 5.I have considered this application for adoption, the evidence adduced in support thereof as well as the various reports filed in court. 6.The prerequisites for adoption are set out in Section 184 (1) (a) and (b) of the Childrens Act 2022 as follows:-“(1)A person shall not commence any arrangement for the adoption of a child unless:-a)The council, in accordance with the rules, has declared the child free for adoption.(b)The child has attained the age of six weeks.” 7.The subject child was born on or about 22nd August 2014. A copy of the child’s birth certificate serial Number 35xxxx45 is annexed to the summons. He is therefore now aged eleven (11) years old and is well above the six (6) week age limit provided for in law. 8.Buckner Kenya Adoption Services which is a registered adoption agency have annexed to their report their certificate Serial No. 00xxxx2 dated 30th January 2015 declaring the child Free for Adoption. (Annexture ‘PGG 8’). As such I am satisfied that all the legal prerequisites for an adoption order have been met. 9.The duty of this court is to analyse the evidence on record to determine whether the Applicant is a suitable adoptive parent. 10.The Applicant is a Kenya citizen. A copy of her identity card No. 03xxx22 is annexed to the summons. She is a widow who carries on business at the Nyeri Market. She also has rental units in Nyeri from which she derives additional income. I am satisfied that the applicant does have the financial capacity to provide for the child. 11.The Applicant has one biological child a daughter aged 21 years old. She has been unable to bear any other children and has opted to adopt a child in order to expand her family. 12.The Applicant is a practising Muslim and intends to raise the child in the Islamic faith. The Applicant has annexed a copy of a recommendation letter dated 16th February 2012 written by the Imam of Majengo Mosque. The applicant has also annexed a clearance certificate issued by the Directorate of Criminal Investigations confirming the fact that she has no criminal record. 13.The Applicant was appointed a legal guardian for the child. The proposed legal guardian LGK has signed a consent dated 29th July 2026 confirming her willingness to act as Legal guardian for the child. 14.The applicants biological daughter BWM testified in Court. She gave her consent to the adoption and indicated her willingness to accept the child as her brother. PW3 also signed a Written Affidavit of Consent dated 9th July 2026. Based on the above I am satisfied that the applicant is a suitable adoptive parent. 15.The subject child was born at the Nairobi Womens Hospital on 22nd August 2014. The child was conceived due to a rape incident and the young mother who was a student felt unable to care for the child. The child’s father was unknown. The mother placed him in voluntary adoption. The biological mother FMK was properly counselled by the adoption agency and she signed a consent dated 28th November 2014. The child’s grandmother SMK also signed a consent dated 28th November 2014. In the circumstances I am satisfied that the requisite consents for this adoption were sought and obtained. 16.In deciding upon any matter involving a child, courts are obliged to give priority to the ‘best interests’ of the said child. Section 8(1) of the Children Act 2022 provides that:-“(8) (1)In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law administrative authorities or legislative bodiesa.The best interests of the child shall be the priority consideration.” [Own emphasis] 17.This was a child whose biological mother felt unable/unwilling to raise. This adoption provides the child with the opportunity to be raised in a stable home environment. 18.I was able to see and interact with the child in my chambers. He was a healthy cheerful boy who readily answered all questions put to him. I noticed the child leaning comfortably on the applicant as they waited for their case to be called out. The boy is obviously very attached to the applicant. 19.I have considered the Report prepared by the Directorate of Children’s Services. A home visit revealed that the family lived in a three-roomed house in Majengo. The environment was found to be conducive for raising a young child. 20.I have perused reports filed by the Adoption Agency, the Guardian Ad Litem and the childrens Officer. All three reports were positive and all recommended the adoption. I note that the child has lived with the applicant in her home since he was one (1) year old - a period of ten (10) years. Undoubtedly he has bonded with the Applicant and indeed identified her as his mother. 21.Finally I am satisfied that this adoption does serve the best interests of the subject child. I allow this application for adoption and make the following orders:-(1)The Applicant RTG is authorized to adopt the child known as “Baby TI ”(2)Upon adoption the child will be known as SGM.(3)LGK is appointed as the legal Guardian for the child.(4)The Registrar - General is directed to make the relevant entry in the adopted childrens registrar.(5)No order on costs. DATED IN NYERI THIS 31ST DAY OF JULY 2026.…………………………….MAUREEN A. ODEROJUDGE