In re AKM (Child) (Adoption Cause E110 of 2025) [2025] KEHC 10963 (KLR) (Family) (25 July 2025) (Judgment) Neutral citation: [2025] KEHC 10963 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E110 OF 2025 PM NYAUNDI, J JULY 25, 2025 IN THE MATTER OF ABMD ................................................................................................... 1ST APPLICANT SDD ...................................................................................................... 2ND APPLICANT JUDGMENT 1. Vide Originating Summons, dated 17th April, 2025 the Applicants herein seek the following orders, That:i. Spent ii. Spent iii. The Applicants be authorized to adopt AKM to be known as AKM. iv. The child be presumed to be a Kenyan Citizen by birth. v. The child’s date of birth be October 17, 2011 and the place of birth be Meru Hospital, Meru County in Kenya. vi. The Registrar General be directed to enter the adoption in the Adopted Children Register. vii. The Director of Immigration be authorized to issue the child with a Passport. viii. The 1st Applicant’s sister herein LUCY D.K.M (Kenya National Identification Number 7XXXX) be appointed the legal guardian of the child in the event of the death or incapacity of the Applicants before the child is of age and or independent. ix. The Court be pleased to make any further orders it deems necessary. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10963/eng@2025-07-25 1
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2. This is a joint Application. The 1st Applicant holds Dual Citizenship from Kenya and USA while the 2nd Applicant is a USA Citizen. Both Applicants reside in Minnesota USA. They are in gainful employment. The 1st Applicant is a Professor while the 2nd Applicant is a Hospice Chaplain in USA. They are married couple having solemnized their union through a Civil Marriage that was celebrated in the Dakota County, State of Minnesota on 7th June, 2011 as per the annexed copy of marriage certificate issued on 9th June, 2011. However, both Applicants had previous relationship which culminated. The 1st Applicant has one (1) issue from her previous relationship whom they live together with. She is 15 years old. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible. 3. PKM (the child herein) is presumed to have been born on 17th October 2011, at Meru Hospital to the late Peter Murithi and Edith Kanana Murithi. She is the youngest child of four children. She was adopted together with Philip Kiambi in adoption EXXX of 2025 by the Applicants. The child is a cousin to the 1st Applicant given that the child’s late father was her uncle. The Applicants have been motivated by a desire to help the child after they witnessed that children suffered severe neglect and the home environment was not conducive. The child’s biological mother struggles with alcohol dependency repeatedly neglecting her parental responsibilities. Consequently, the Applicants have had parental responsibilities over the child since 2022. The child is 13 years old. They have been paying for the minor’s school fees and other needs at Wesley Boarding School in Meru County. 4. It’s the Applicants averment that they approached the Change Trust Adoption Society together with the minor’s biological mother where she made clear intention of offering the child for adoption and her consent was voluntarily given after counseling. Additional, the Applicants were counseled at length and taken through an explanatory memorandum where they signed the Certificate of Acknowledgement. 5. Thereafter, Change Trust Adoption Society through their case committee meeting that was held on 19th March, 2025 approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption vide certificate serial Number 0XXXX. 6. The Statutory Report from Change Trust Adoption Society that have been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by her cousin it will be the best interest of the child. Mary Atati, the Assistant Director Children Services, submitted a positive report dated 21st July, 2025 through her visit she averred that the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are healthy, financially, socially and emotionally stable as per annexed documents to take care of the child. The Applicants are clear of any criminal claims as evidenced by Hastings Police Department thus Ms. Atati recommended the adoption process. 7. L.D.K.M, Guardian Ad Litem, as well as Proposed Legal Guardian presented report dated 21st July, 2025. She stated that the 1st Applicant is her younger sister and the 2nd Applicant is her brother in law. During her visit, she found that the child bonded well with the Applicants as well as extended family members. The child is very happy as the Applicants have jointly created a conducive, loving and caring environment for the child. The child communicates very well with the Applicants, the child is very comfortable and therefore recommended the Applicants to adopt the child since it would be in the child’s best interests. Subsequently, Lucy D. KM further testified in Court that she consented to be the legal guardian for the minor. She understands the legal implications and she will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10963/eng@2025-07-25 2
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8. The biological mother together with her son Haron Muriithi were in Court. The mother afirmed that she understands the order is not reversible therefore relinquishing her parental rights. The son’s consent was also obtained. 9. Thereafter, the court interviewed the child, it was noted that she was aware that she was in Court for adoption proceedings. She recognized the Applicants and consented to the adoption. Determination 10. After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by(1) (2) (3) (a) Sole applicant; or (b) Two spouses jointly. The court shall not make an adoption order in any case unlessi. the applicant has attained the age of twenty-five years, but is not above the age of sixtyfive years; and ii. The applicant, or both of the applicants in a joint application, is more than twentyone years older than the child. The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child. 11. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. The Court is conscious of the law; Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 12. The Court has evaluated the facts of this Kinship Adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements as required under Section 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. 13. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4)A child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by Birth.” 14. I am thus inclined to allow the Applicants in the best interest of the child. This will provide the child with a conducive environment as well as a caring family, therefore allowing the Originating Summons as follows; a. The Applicants, ABMD nd SDD are hereby allowed to adopt AKM. b. Henceforth, the child shall be known as AKM. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10963/eng@2025-07-25 3
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c. Her date of birth shall be 17th October, 2011 at Meru Hospital, Meru County. d. She is presumed to be a Citizen of Kenya by birth. e. LDKM is hereby appointed as Legal Guardian of the child. f. The Director Immigration is authorised to issue the child with a Kenyan Passport. g. The Registrar General to enter this order in the Adoption Children Register. h. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 25TH DAY OF JULY, 2025. P. M. NYAUNDI JUDGE In the presence of: No appearance by Parties Fardosa Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10963/eng@2025-07-25 4
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