High Court 393 of 2026

agreed to receive and no person has made or given or agreed to make to them any payment or reward in consideration of the Adoption. They confirmed that they have not made any application for adoption in respect of the same child in any court. 4. Further, they stated that they have the means to support her fully. They are able and willing to adopt her. 5. In his sworn evidence before this court,SAL told the Court that he has only one child , that is a 30year-old son , who he bore with his first wife who died on 17th April 2017. He later married H and that they wish to adopt this Minor. 6. On her part, HML told the Court that she left Kenya for USA in October 2008 and got married toSAL in November 2022. She explained that she had a previous marriage here in Kenya but it was dissolved in 2015. From that marriage she has two children aged 39 and 37 years. 7. While adopting the Affidavit he jointly swore with PWM on 19/5/2025, the Guardian Ad Litem, SNK told the Court that he is the grandfather to the Minor whose mother is deceased. 8. The sated that H has been living with the Minor since the said death and has been taking care of her. He fully supported that the Applicants be allowed to adopt the Minor. 9. In her evidence in support of the application, PWM told the court that she has known he friend H for 30 years and confirmed that H is married toSAL. She knew both the Minor andSAL. 10. The proposed Legal Guardian AWL, told the Court that she is H’s friend. She lived in [Particulars Withheld] Nakuru and she has known her for over 20 years. She has known the Minor for 3 years and sees her whenever the Minor comes with H to visit the country. She confirmed knowledge of her role in the matter and supports the application for adoption. 11. Jackline Wambui Mwangi of Kenyans to Kenyans Peace Initiative (KKPI) Adoption Society testified that she talked to the Minor in 2024 , then aged 14 years and told the Court that she was aware of the adoption. 12. Further , she talked to H online and confirmed that she wanted to adopt the Minor. She therefore prepared the report declaring the Minor free for adoption and recommended that the Applicants be allowed to adopt the Minor. Determination 13. This Court has considered this application together with the supporting affidavits, the reports filed as well as all the evidence adduced in support thereto. 14. Though the application is said to have been brought under Section 157 and 160 of the Children’s Act 2001 and legal Notice No. 75 of 2002, the prerequisites for Adoption are set out in Section 184 (1) of the Children’s Act 2022 which provides – “ A person shall not commence any arrangements 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.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/393/eng@2026-01-26 2

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15. This court has noted annexures containing averments referring to H’s other grandchildren namely HWG, AWN and LNN for adoption. However, the application before this court is in regard to one child and that is confirmed by the testimony by the witnesses who appeared before this court. 16. In those circumstances, any reference to the other children has no effect on this application as the subject for adoption here is only one. 17. In this case, the Birth Certificate No. 5327134 for the Minor herein shows that she was born in Kenya on 30/5/2013. Her father being JNW and mother GWN. With the mother said to be deceased, the surviving parent is her father. He signed a consent form dated 29th October 2024 offering the Minor for adoption by the Applicants herein. 18. H , is said to be a grandmother to the Minor herein which means that one of the Applicants to this Adoption is a relative to the Minor , thus complying with Section 186 (3) of the Children’s Act. 19. As at the time the application for adoption was being filed in February 2024, the Minor was aged about 11 years. This court had the opportunity to see the Minor in court and she expressed her desire to live with H. 20. From the several documents annexed to this application, this court is satisfied that the Applicants have met the requirements for this Adoption and therefore, the Originating Summons is merited and Orders issued as follows: 1. GWN Alias GL (Minor) is a Kenyan citizen by birth. 2. SAL and HML are hereby authorized to adopt GWN Alias GWL. 3. The Registrar-General do make the appropriate entries in the Adopted Children Register in respect of GWN Alias GWL. 4. The Minor shall henceforth be called GWL. 5. The Registrar of Births and Deaths is hereby directed to issue the Applicants with a Certificate reflecting the Minor’s identity. 6. AWL be and is hereby appointed Legal Guardian of GWL. 7. PWM and SNK are hereby discharged from the duties of Guardian Ad Litem. DATED, SIGNED AND DELIVERED AT NAKURU THIS 26TH DAY OF JANUARY, 2026 PATRICIA GICHOHI JUDGE In the presence of: Mr. Maina holding brief for Nancy Njoroge for Applicants Erickson , Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/393/eng@2026-01-26 3

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