In re Baby Ak aka Baby AKN (Adoption Cause E002 of 2025) [2026] KEHC 4002 (KLR) (24 March 2026) (Ruling) Neutral citation: [2026] KEHC 4002 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MERU ADOPTION CAUSE E002 OF 2025 HM NYAGA, J MARCH 24, 2026 IN THE MATTER OF LNK ............................................................................................................ APPLICANT RULING (Name of the Parties to be redacted on publication of this Ruling) 1. By an Originating Summons dated 28th February 2025 the Applicant herein applied for orders that she be allowed to adopt Baby A.K. alias Baby A.K.N. 2. The Applicant filed all the requisite documents which include the declaration from KPPI Adoption Agency, the confidential report from the guardian ad litem. 3. The court referred the Applicant to the Children Officer who filed the requisite report, dated 17th March 2026. In a nutshell, the Applicant has been found to be socially, physically and financially fit to be appointed as adoptive parent, and her application meets the requirements of the law. 4. The applicant has lived with the Minor since 4th May 2023, and has been providing for the minor ever since. She has no other child. 5. At the hearing, both the guardian ad litem and the proposed legal guardian gave their respective affirmation to the proposed adoption. 6. Article 53(2) of the Constitution provides as follows regarding matters involving a child: “ A child’s best interests are of paramount importance in every matter concerning the child.” 7. In addition, Section 8(1) of the Children Act 2022 provides as follows: “ Best interests of the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4002/eng@2026-03-24 1
page 1 of 3
1. 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.” 8. Section 194(1) (c) of the Children Act requires the court to be satisfied before making an adoption order that such an order would be in the best interest of the child. 9. Section 186 of the Act provides as to who may apply to adopt a child. It provides as follows; 186. Who may apply to adopt a child. (1) (2) The Court may make an adoption order on application by— (a) a sole applicant; or (b) two spouses jointly. The Court shall not make an adoption order in any case unless— (a) the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and (b) the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child. 15. The applicant is qualified under the said section and is not excluded either by the proviso to the section. 16. Having considered the summons,statements and Affidavit in support of summons and perused said reports filed by the Adoption Society and the County Children’s Coordinator, and all the documentation filed in support thereof , I am of the view that the Applicant does possess the requisite legal capacity to adopt the child and that she understands the entire adoption process plus its future implications for herself as a family and in particular, the need to provide the best for the adopted child all her life. 17. Further, the Applicant has fulfilled all the legal requirements relating to the adoption of the minor. She is within the age bracket eligible to adopt. 18. The Applicant is in my view, also emotionally capable, medically fit and financially able to adopt the child herein. She has undertaken to assume all the parental rights and duties of the adopted child and to provide for her adequately. 19. The child herein needs parental care and guidance, food, shelter, education and clothing. The applicant has successfully demonstrated that she has capacity as well as the material resources to raise the child in a loving home environment. 20. The Applicant has proposed to be appointed the legal guardian to the child. The report filed herein indicated that the proposed guardian understands his role and gave his written consent. 21. It is therefore, in my opinion, in the best interest of the children, that the Applicant be allowed to adopt the minor. 15. Therefore, I make the following orders; i. That the Applicant be and is hereby authorized to adopt the child, A.K. alias A.K.N. (Full names to be set out in the order to be served on the Principal Registrar). https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4002/eng@2026-03-24 2
page 2 of 3
ii. That the Principal Registrar is to enter this Adoption Order in the Adopted Children’s Register and to issue a certificate to that effect. iii. That the order appointing AKK and IGM as the guardians ad litem is hereby revoked. iv. That AKK is hereby appointed the legal guardian of the minor under section 195(1) of the Act. DATED, SIGNED AND DELIVERED AT MERU THIS 24TH DAY OF MARCH 2026. H. M. NYAGA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4002/eng@2026-03-24 3
page 3 of 3