In re LJN (Minor) (Adoption Cause E002 of 2025) [2025] KEHC 14998 (KLR) (Family) (5 May 2025) (Judgment) Neutral citation: [2025] KEHC 14998 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E002 OF 2025 JM OMIDO, J MAY 5, 2025 IN THE MATTER OF THE CHILDREN ACT, CAP 141 OF THE LAWS OF KENYA AND IN THE MATTER OF BABY LJN (MINOR) AND IN THE MATTER OF AN APPLICATION FOR ADOPTION EAO (APPLICANT) JUDGMENT 1. 2. Before this Court is the Originating Summons dated 17th January, 2025, Statement in Support of the Application for an Adoption Order and Affidavit in Support of the Application, seeking: i. That ……… ii. That ……… iii. That the Applicant E.A.O. be authorized to adopt Baby L.J.N. alias S.E.O. and that an adoption order be issued and be extracted in the prescribed form under the Children Act and Rules. iv. That the Baby be henceforth formally known as S.E.O. and that the Registrar of Births and Deaths do issue the said Baby L.J.N. alias S.E.O. with a birth certificate containing his full names as given by the adoptive parent. v. That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register to reflect the adoption of the child Baby L.J.N. alias S.E.O. by the adoptive parent herein E.A.O. vi. That the court be pleased to make any further orders it deems necessary. The matter was canvassed by way of viva voce evidence on 27th February, 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14998/eng@2025-05-05 1
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The Child. 3. The child (female) was born on [particulars withheld], 2023 out of an incestuous relationship and could not be raised by the biological parents due to cultural prohibitions. The biological mother conceived when she was a minor. She was handed over to [particulars withheld], an Adoption Agency. The child’s biological parents are unknown to the Applicant. The child is currently one and a half years old and has remained in the custody of the Applicant for one year and two months. The Applicant. 4. The Applicant was born on 24th November, 1976. She is a Kenyan citizen, residing in Kisumu County. She is not married and has no children. The Applicant holds a bachelors degree in education and a diploma in counselling psychology from Kampala International University. She is a business lady who supplies eggs and has shops in [particulars withheld] and [particulars withheld] towns within Kisumu County. 5. The Applicants’ motivation for the adoption is that she would like to give the child a home, legally. In her Statement in Support of the Application, she states that she has been the primary caregiver for the child for one year and two months and that she is financially capable of fending for the child. 6. The Applicant presented copies documents, recommendations and referee information, all pursuant to the provisions of the Children (Adoption) Regulations, 2020. Among the documents provided was a certificate of police clearance that demonstrates that she has no criminal history. The documents disclose that the Applicant is financially, socially, physically and mentally fit to adopt the child. The Applicant confirmed that she fully understands the implications of an adoption order and that the same is irreversible. 7. Additionally, pursuant to Section 195 of the Children Act, the Applicant provided consent from her relatives (a couple), POA and POA, agreeing to be appointed as the legal guardians of the child in the event that anything untoward happened to the Applicant. The Adoption Approval Process 8. [particulars withheld], an Adoption Agency conducted an assessment of the Applicant. The Agency filed its report recommending the adoption of the child by the Applicant. The child was declared free for adoption by the Agency vide a Certificate of Declaring a Child Free for Adoption serial number 002XXX dated 8th March, 2024. 9. On 27th February, 2025, this court issued an directing the Director of Children’s Services to investigate the suitability and fitness of the Applicant to adopt the child. The report was filed and the same is to the effect that the Applicant is fit to adopt the child. Analysis and Determination 10. The child herein was born in Kenya and is therefore a citizen of Kenya by birth. The biological parents of the child are unknown to the Applicant. The child was freely given to [particulars withheld]. This adoption, therefore, allows the child the opportunity to be raised in a stable and loving home environment. 11. In deciding any matter involving a child, the court is obligated to give priority to the best interest of the child. Section 8 of the Children Act provides: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14998/eng@2025-05-05 2
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1. 2. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies – a. The best interests of the child shall be the primary consideration; b. The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule; All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:a. Safeguard and promote the rights and welfare of the child; b. Conserve and promote the welfare of the child; and c. Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest. 12. I have considered the reports filed by the Adoption Agency, the Guardians Ad Litem, the Director of Children Services, all of which were positive and recommended the adoption. I was able to see the child, who was present before me and who looked happy in the custody of the Applicant. 13. It is, therefore, my view that the adoption does serve the best interests of the child as the Applicant has been approved as a prospective adoptive parent by competent social workers through a duly registered Adoption Society under the Department of Children Services, thus she is able to effectively handle her parental responsibilities. 14. Accordingly, I allow the Summons and make the following orders: i. That the Applicant, EAO, is allowed to adopt the child currently identified as Baby LJN. ii. Upon adoption, the child shall be renamed SEO iii. The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws. iv. POO and POA are hereby jointly appointed as Legal Guardians of the child. v. That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register. DELIVERED, DATED AND SIGNED THIS 5TH DAY OF MAY, 2025. JOE M. OMIDO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14998/eng@2025-05-05 3
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