High Court 1613 of 2026

(c) They have not received or agreed to receive any payment or reward in consideration of the adoption. (d) They have not made any previous application for adoption in respect of the same child. 4. The applicants annexed to their Supporting Affidavit copies of their Marriage Certificate, a report filed by Little Angels Network, a Certificate declaring the child free for adoption and the PrePlacement Report, among other documents. The Pre-Placement Report confirms that the applicants were entrusted with the custody and care of the child after due inquiries were made as to their suitability to care for the child. 5. The Court also called for a report from the County Children’s Office and the report was duly filed on 10th February 2026. It confirms that an assessment was done on 3rd January 2026 with a view of establishing the family environment, the subject’s living conditions and the applicant’s suitability in regard to child care and protection. The County Coordinator of Children Services noted that: (a) The minor had bonded well with the couple; (b) The extended family had welcomed the child within the family. (c) The home environment was conducive to the growth and development of the child. 6. In view of the foregoing, the Children’s Officer recommended the adoption of the subject by the applicants, having found them fit and qualified to adopt the child in question. The report also shows that JOO and his wife, MO, have consented to be appointed as the Guardians of the child in the event of incapacity by the applicants. It is noteworthy however that they are over 65 years of age. The applicants will have to find suitable guardians in their place. 7. Article 53(2) of the Constitution is explicit that: (2) 8. A child’s best interests are of paramount importance in every matter concerning the child. This precept is reiterated in Section 8 of the Children Act, No 29, 2022. The provision states as follows: (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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1613/eng@2026-02-17 2

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(3) 9. In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity. Therefore, in a matter such as this, the court is enjoined to give due consideration to the aforesaid. Indeed, the purpose of adoption is to provide children who cannot be raised by their birth parents with a permanent, secure, and loving family with a view ensuring their long-term stability and wellbeing. For this reason, Section 183 of the Children Act, which is one of the provisions relied on by the applicant, provides that: (1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya. (2) Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless— (a) the child concerned has been in the continuous care and control of the applicant within Kenya for a period of three consecutive months preceding the filing of the application; and (b) the application for an adoption order is supported by a report made by a duly registered adoption society recommending that an adoption order be made. (3) The report referred to in subsection (2)(b) shall contain the society’s findings and recommendations in respect of the child and the applicant or applicants, as the case may be. (4) The following children shall be eligible for adoption— (a) a child who is an orphan and has no guardian or caregiver able and willing to take care of the child; (b) a child who has been abandoned or whose parents’ or guardian’s whereabouts cannot be traced within a period of one year; (c) children who are willingly offered for adoption by their biological parents in accordance with regulations made under this Part. 10. The evidence placed before the Court confirms that the child, now two years old, has been in the custody and care of the applicant with the permission of Little Angels Network and Lewa Children’s Home. A Certificate declaring the Baby free for adoption was exhibited by the applicant alongside a report prepared by Little Angels Network pursuant to Section 184(1)(a) of the Children Act. In addition, the report by the Children’s Officer confirms that as at the time of the assessment, the child had bonded well with the applicant and her family. 11. In addition to the foregoing, Section 194(1) of the Children Act is explicit that: “ Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that— (a) every person whose consent is required under this Part, which consent has not been dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made; (b) in the case of a parent, the parent understands that the effect of the adoption order is to permanently deprive him or her of his or her parental rights; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1613/eng@2026-02-17 3

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12. (c) if made, the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child; (d) the applicant has not received or agreed to receive, and that no person had made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption; (e) any person whose consent is dispensed with on the grounds of incapacity is still incapable of giving consent at the date of making the order; (f) where the applicant is not a relative of the child, reasonable steps have been taken to inform the relatives of the child of the proposed adoption, and no relative who is capable of exercising care over the child has expressed willingness to do so; (g) both the applicant and the child have been assessed and evaluated by a duly registered adoption society in Kenya in accordance with this Act and the society’s report delivered to the Court; and (h) the Council has certified and declared the child free for adoption.” The applicant has offered sufficient evidence to prove that the child was abandoned at Moi Teaching and Referral Hospital by the biological mother and therefore the father was unknown. So far nobody has come up to claim the child. Therefore, the foregoing requirements having been met by the applicant to the satisfaction of the Court, I find merit in the Originating Summons dated 11th April 2025. The same is hereby allowed and orders granted as hereunder: (a) That the applicants TOO and FAO be and are hereby authorized to adopt Baby PK alias BJO and that an adoption order be issued and be extracted in the prescribed form under the Children Act and Rules. (b) That the Baby shall be henceforth formally known as BJO and that the Registrar of Births and Deaths do issue the said BJO with a Birth Certificate containing his full names as given by the adoptive parents. (c) That the Registrar General be and is hereby directed to make the appropriate entries in the Adopted Children’s Register to reflect the adoption of the child, BJO by the adoptive parents herein. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 17TH DAY OF FEBRUARY 2026 ……………………………… OLGA SEWE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1613/eng@2026-02-17 4

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