High Court 18512 of 2025

5. The biological father, E.M.M., resides in the same homestead and, after counselling by the Children Officer, executed a voluntary written consent to the adoption. The minor, being of sufficient age and understanding, expressed his desire to remain with the Applicants permanently. Analysis and Determination 6. Adoption in Kenya is governed by Part XII of the Children Act (No. 8 of 2001), and in particular sections 154, 156, 158, 159 and 163. Section 4(2) further directs that the best interests of the child are to be treated as the paramount consideration in all matters affecting the child. 7. The Adoption Rules, including Rule 4, prescribe the procedural requirements for adoption proceedings, including the summons, supporting documentation and the mandatory social inquiry report. Analysis Availability of the Child and Consent 8. The Children Officer’s report confirms that the biological father, E.M.M., was counselled on the nature and legal effect of the adoption and thereafter freely executed his written consent. This satisfies the requirements of section 159 of the Act. 9. The biological mother has been absent from the child’s life since the abandonment and her whereabouts remain unknown. Her consent is therefore not reasonably attainable within the contemplation of section 159(1)(a). 10. The minor has expressed a wish to remain with the Applicants, and the guardians ad litem as well as the proposed legal guardians have executed the necessary consents. 11. The Court examined the parties in court and is satisfied that the child is free for adoption under section 156 of the Children Act. 12. The social inquiry report presents a comprehensive and favourable assessment of the Applicants. It notes that E.M., a 59-year-old teacher with specialised training in special education, and R.M.O., a 64year-old farmer and former employee of the Coffee Board of Kenya, have been married for more than four decades and share a stable and cohesive family life. Their home, a permanent six-roomed residence with reliable access to water and electricity, offers a secure and nurturing environment in which the minor has been fully integrated. The report confirms that the Applicants have consistently provided for the child’s educational, medical, emotional and material needs, and that he enjoys a sense of belonging and permanence within their household. On the basis of these findings, the Court is satisfied that the Applicants meet the statutory requirements of suitability set out under section 158 of the Children Act. 13. Under sections 4(2) and 163 of the Children Act, the best interests of the child form the overarching consideration. In this case, the child has lived with the Applicants virtually his entire life and has formed deep, secure emotional bonds with them. He is well settled in their home, where he enjoys continuity, stability and proper care. His schooling, health and general welfare have been consistently prioritised, and he has expressly indicated his desire to remain within the Applicants’ family. The adoption will not only preserve the stability he has always known but will also secure his legal status and entitlements within the Applicants’ household, thereby safeguarding his long-term welfare. The Court is therefore persuaded that the proposed adoption wholly accords with the paramountcy of the child’s best interests. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18512/eng@2025-11-27 2

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14. The Court further observes that this is a purely domestic adoption involving Kenyan citizens and that no material has been placed before the Court suggesting any foreign element, intended relocation, or cross-border implications. In the absence of such considerations, there is no legal or factual basis upon which to issue any order relating to the acquisition of a passport or to international travel. Disposition 15. Having considered all the material before the Court, and being satisfied that the application meets the legal threshold under sections 154, 156, 158, 159 and 163 of the Children Act, the application is merited. 16. Accordingly, the following orders issue: 1. The Applicants, E.M. and R.M.O., are authorised to adopt the minor J.N., who shall henceforth be known as J.N.M. 2. The Registrar-General shall make the appropriate entry in the Adopted Children Register 3. J.O.K. and I.N.K. are appointed as the minor’s legal guardians in the event of the death or incapacity of the Applicants. 4. For all purposes of the law, the minor shall henceforth be regarded as the child of the Applicants with full legal rights, including rights of inheritance. 5. The Director of Children’s Services shall file a post-adoption follow-up report within six months of the date of this order. 6. Mention on 25th May 2026 for the purpose of receiving and considering the post-adoption report. DATED AT NYAMIRA THIS 27THDAY OF NOVEMBER 2025 WAMAE. T. W. CHERERE JUDGE Appearances Court Assistant - Hilda Applicants - Present in person For Applicants - Ms. Ndukuhire for A.N.Moruri & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18512/eng@2025-11-27 3

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