High Court 561 of 2026

Country Club as well as business woman they have the means to enable them take good care of the child. 3. This is a child of the 2nd Applicant, she is 3 years old. In addition, the Applicants have been blessed with one child born on 31st July, 2025. They both understand the legal 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. 4. BABY AK (minor herein) is presumed to have been born on 7th January, 2022 to the 2nd Applicant and Terence Bavon Minishi. However, the relationship between the two terminated before the birth of the child. The child was raised alone by the 2nd Applicant with the assistance of her parents. However, the Minor’s father has never been in the child’s life. That the 1st Applicant entered the child’s life and from since then he has been fully present and catering for the child. 5. Further the Applicants felt the urge of legalizing the relationship between them and the child herein so that she grows up in a normal stable family and continue raising her thus prompting them to approach Buckner Kenya Adoption Services. That the biological father voluntarily consented to the adoption process by consenting and signing the final consent before a Commissioner of Oaths confirming that he had no objection to the child being adopted by the Applicants. The Applicants were given an Explanatory Memorandum to which they consented and dully signed Certificate of Acknowledgement. Buckner Kenya Adoption Services declared the child free for adoption on 24th October, 2025 vide Certificate Serial Number 0931 pursuant to Section 156(1). 6. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. W. M. Ng’ang’a, the Directorate of Children Service submitted a favourable report dated 18th November 2025, in which she observed a child who has bonded well with the Applicants as well as her sibling. The child identified 1st Applicant as his father. She further noted that the child is healthy, well fed and clothed. The Applicants are clear of any criminal record as evidenced by police clearance certificates numbers PCC-JRSGAVGB5 and PCC-R6SP7WV45. They are financially stable and are mentally stable. Having met all the legal requirements for Kinship adoption as stipulated in the Children Act 2022, the Officer recommends the adoption process. 7. A report dated 18th November, 2025 from Guardian Ad Litem, GGM in which during his visit, he observed that the child is of good health, well groomed, jovial and identifies the Applicants as his parents. He further averred that the Applicants are willing to unconditionally adopt the child as their own therefore, recommending the Applicants to adopt the child since it is in the child’s best interests. 8. The Biological father was present in Court. He confirmed that he had given his consent to the adoption and was aware that by so doing he was divested of parental responsibility and rights over the child. He understands that the order is not reversible. 9. PMM and NWK (relatives to the Applicants) proposed Legal Guardians testified in Court that they consented to be the legal guardians for the minor. They also reiterated that they understand the legal implications and that they will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities. 10. The Court interviewed the minor and it was observed that she recognized the Applicants as his parents as well as his sibling. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/561/eng@2026-01-23 2

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Determination 11. 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. 12. 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. 13. 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 of a Kinship Adoption 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. The minors’ biological father’s consent has been dispensed with, as per Section 187 of the Children’s Act 2022. All the necessary Reports and consents required for this Adoption have been filed. 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. This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application dated 12th September, 2025 with ORDERS that; a. The Applicants, JKK and PMK are hereby allowed to adopt BABY AK b. Henceforth the child will be called AKKK. c. His date of birth shall be 7 TH January, 2022 At Avenue Hospital, Nairobi In Nairobi County. d. He is presumed to be a Citizen of Kenya by birth. e. PMM and NWK are hereby appointed as Legal Guardians of the child. f. The Registrar General to enter this order in the Adoption Children Register g. The Registrar General to issue appropriate Birth Certificate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/561/eng@2026-01-23 3

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h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 23rd DAY OF JANUARY, 2026. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant. Ms. Adhiambo holding brief for Morang’a for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/561/eng@2026-01-23 4

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