High Court 1550 of 2026

to legally allow them become the child’s parents a role they have been executing for over 5 years with utmost love and commitment which will also give the child a sense of identity and more chances in life. 3. The child herein is related to the 2nd Applicant as he is a nephew (His mother is the sister of the 2nd Applicant). 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. 4. AMN (child herein) a male child is presumed to have been born on 31st August, 2020 as per annexed birth certificate number 168xxxxxx03. The child is the biological son to JN and WWN (2nd Applicant’s sister). His parents having been blessed with seven children. The Applicants felts the urge of assisting them by adopting the child so that they can been catering for his wellbeing. The Applicants made an application to KKPI Adoption Society, consent was obtained from the child’s biological parents. Both Parents and Applicants filed duly signed forms, interviews were conducted, they were taken through Explanatory Memorandum to which they consented and signed the Certificate of Acknowledgment dated 12th March, 2025. 5. Thereafter, KKPI Adoption Society Case Committee meeting that was held on 26th March 2025, analyzed the case and they were satisfied that the Applicants meets the legal and social parameters for adoption thus declaring the child free for adoption vide Free Certificate Serial Number 0xx7. 6. All the Statutory Reports filed, approved the application since it is in the best interest of the child. A report from Children’s Officer dated 18th November 2025, during her home visit, a strong bond between the Applicants and the child was observed, the Applicants enjoy support from their families and fully support the adoption process, they are financially stable and able to meet the basis needs of the Child, the Applicants have provided a safe conducive environment for the child, She affirmed that the Applicants are mentally and socially sound, they are clear of any criminal claims as evidenced by police clearance certificates number dated 6th December, 2020 from UK and PCC-R65xxxx4D. However, the Officer cited several legal and welfare concerns under Children’s Act 2022 Section 191, Sections 186 (8), Section 79 and 8 (2), Section 202, 23 and 32(4) Section 53, Section 195 (3), Section 187 and Section 193 all of them touching on the validity, age development of the minor, child’s identity and family ties and therefore declining to recommend the adoption proceedings. 7. A report submitted on 10th November, 2025 from Guardian Ad Litem, averred that the child has fully bonded well with the Applicants, child is in good health. The Applicants had adequate financial, social preparedness and emotional stable to take good care of the child therefore recommending the adoption process. 8. The Applicants have recommended JKK to be Legal Guardian. She testified in Court that the Applicants are her long term friends. She consented to be the legal guardian for the minor and affirmed that she understands the legal implications as she will assume full parental responsibilities in the event the Applicants are unable to discharge their responsibilities. 9. The Court also interviewed the minor and it was observed that he was comfortable with both Applicants and recognized them as Dad and Mom. Determination 10. After carefully assessing the records herein and in particular the report of the Children’s Officer expressing concern regarding the validity of age in relation to the Child. Section 184 (1) (b) of the Children Act, 2022 provides the age of the minor also the Court may make an adoption order on application by(1) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1550/eng@2026-02-13 2

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(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 & Banjul Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 12. Having scrutinized the annexed evidence and the reports filed herein, the Court is satisfied as to the minor’s age. The child is above 6 weeks and therefore eligible for adoption pursuant to 184 (1) (b) of the Children Act, 2022. The concerned raised on validity of age does not negate the statutory eligibility of the child nor override the paramount consideration of the child’s best interest. Additional, have not seen any impediment to the Applicants as they are not disqualified by dint of Section 191, Sections 186 (8), Section 79 and 8 (2), Section 202, 23 and 32(4) Section 53, Section 195 (3), Section 187 and Section 193. 13. I note further that the adoption society certificate renewal was delayed but they are in good standing and that the Guardian Ad Litem concents to the adoption. I consider it in the child’s best interests that the adoption be allowed. 14. I therefore allow the Originating Summons 15th August, 2025 with the following orders ; a. That the Applicants, SB AKA and EWN are hereby allowed to adopt baby AMN. b. That the child shall henceforth be called AMA. c. That he is presumed to be a Citizen of Kenya by birth. d. That his date of birth shall be 31st August 2020. e. That JKK is hereby appointed as Legal Guardian of the child. f. That the Registrar General to enter this order in the Adoption Children Register. g. That the Registrar General do issue the child with requisite Birth Certificate. h. That the Director Immigration is authorised to issue the child with a Kenyan Passport. i. That the guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 13TH DAY OF FEBRUARY, 2026. P. M. NYAUNDI https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1550/eng@2026-02-13 3

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JUDGE In the presence of: Fardosa Court Assistant Ms. Wairimu for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1550/eng@2026-02-13 4

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