https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9010

In re VNW (Minor) (Adoption Cause E005 of 2025) [2026] KEHC 9010 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KEHC 9010 (KLR) Republic of Kenya In the High Court at Murang'a Adoption Cause E005 of 2025 CW Githua, J June 19, 2026 IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001 IN THE MATTER OF V.N. W In the matter of RWW Applicant Ruling 1.The application for determination before this court is the Notice of Motion dated 20th May 2026 in which the applicant, R.W.W principally seeks that a freeing certificate be waived and that this court issues a declaration that this being a kinship adoption, the minor subject matter of this cause be declared free for adoption. 2.The application is premised on the grounds stated on its face and the depositions made by the applicant in her supporting affidavit sworn on 20th May 2026. The applicant contends that she is the minor’s adoptive parent having been allowed by this court to adopt the minor vide a judgment delivered on 23rd April 2026; that the prayer seeking for waiver and declaration freeing the minor for adoption was inadvertently omitted in the main application; that this being a kinship adoption, a freeing certificate was not necessary given the consent given by the child’s biological mother dated 13th October 2025. 3.In addition, the applicant averred that she was in the process of applying for a visa to enable the minor relocate and be admitted in a school in the United Kingdom (UK) but the UK’s immigration Department could not clear the minor unless a certificate declaring her free for adoption was produced or a waiver of the same was clearly made by this court. 4.In her oral submissions before this court, Ms. Lusweti, learned counsel for the applicant emphasized that a waiver of the freeing certificate was required to enable the applicant finalize visa processes at the UK Embassy to enable the minor relocate and join her adoptive parent in the UK and it was in the best interest of the minor to allow the application. 5.Having considered the application, the supporting affidavit and all its annextures as well as the court record, I find that the only issue for my determination is whether the application was merited. 6.A perusal of the court record confirms that this court granted an order for adoption of the minor herein vide a judgment delivered on 23rd April 2026. In the judgement, this court made a clear finding of fact that the applicant was the minor’s elder sister and their biological mother, F.W.W in her affidavit sworn on 13th October 2025 had given her consent for the adoption. There is therefore no doubt that this matter related to a kinship adoption. 7.As I held in the aforesaid judgement, Article 53 (2) of the Constitution sets out the over-arching principle on which all decisions concerning children must be anchored. The provision decrees that;“A child’s best interest are of paramount importance in every matter concerning a child”It is worth noting that this constitutional principle has been reproduced in Section 8 and Section 194 ( 1) (C) of the Children’s Act. 8.In view of the foregoing and on the strength of the minor’s biological mother’s consent dated 13th October 2025, I have no doubt in my mind that the waiver of the requirement for a certificate freeing the minor for adoption is appropriate and is in the best interest of the minor. 9.Consequently, it is my finding that the application dated 20th May 2026 is merited and it is hereby allowed in its entirety. I accordingly order as follows;1.The requirement for a freeing certificate is hereby waived.2.This being a kinship adoption, the minor known as V.N.W is declared free for adoption. 10.It is so ordered. DATED, SIGNED AND DELIVERED AT NAIVASHA THIS 19TH DAY OF JUNE 2026.C.W. GITHUAJUDGEIn the Presence of:Ms. Lusweti for the ApplicantMs. Hannah Mbugua, Court Assistant