High Court 4053 of 2026

their Certificates of Good Conduct issued by the Directorate of Criminal Investigations. They have indicated their desire to adopt the child as a married couple to offer the minor child a stable family unit, and the 2nd Applicant wishes to extend additional financial, educational, and medical benefits to the minor child until she attains the age of majority and beyond. The minor has been under the sole custody, care and control of the 1st Applicant for the last ten years after the biological father of the minor abandoned the child when she was five months old and has never been present in the minor’s life since then. Since the 1st Applicant introduced the minor to the 2nd Applicant, they have developed a strong bond and the minor refers to the 2nd Applicant as dad. The 1st Applicant has consented to the adoption. 4. JK and DKM, who are the proposed Legal guardians, are the Applicants’ friends and they are also involved in Christian ministry together. They told the Court that they understand the role of legal guardians and have consented. 5. The child was examined by the court appeared happy and healthy. 6. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, dated 12th February, 2026, indicates that the child is aged 10 years old, having been born on 17th June, 2015 to WW and MC. The biological mother, who is the 1st Applicant, WW, indicated that she lived with the child’s biological father only for the first five months of the child’s life; thereafter, he has not been involved in the minor’s life. The biological mother raised the minor alone with the support of her parents until 2020, when the male Applicant became part of the child’s life. The child was declared free for adoption on 25th July, 2025, by Buckner Kenya Adoption Services vide freeing certificate number 0914. 7. The child is a Kenyan citizen by virtue of Article 14 (1) which provides that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen. 8. In light of the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the child’s best interests in making decisions touching on him. a. Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child. b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides 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; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4053/eng@2026-03-19 2

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3. c. 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 public interest. 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. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows: 1. The age, maturity, stage of development, gender, background and any other relevant characteristics of the child. 2. Distinct special needs (if any) arising from chronic ailment or disability. 3. The relationship of the child with the child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the child’s welfare. 4. The preference of the child, if old enough to express a meaningful preference. 5. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity. 6. The stability of any proposed living arrangements for the child. 7. The motivation of the parties involved and their capacities to give the child love, affection and guidance. 8. The child’s adjustment to the child’s present home, school and community. 9. The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the child and the other parent and/ or guardian(s), including physical access. 10. The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in child care. 11. Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods. 12. The effect of the child if one parent/guardian has sole authority over the child’s upbringing. 13. The existence of domestic abuse between the parents/guardian(s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the child. 14. The existence of any history of child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the child. 15. Where the child is under one year of age, whether the child is being breast- fed. 16. The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4053/eng@2026-03-19 3

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17. Where there is a person residing with a parent or guardian, whether that person; - 18. a. Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation. b. Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony. Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the child. 9. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, the report from Buckner Kenya Adoption Services, and the guardian ad litem indicate that the child is well known to the adoptive parent and is well taken care of in their care and custody. I am satisfied that this adoption serves the child's best interests. 10. In the circumstances, I allow the Originating Summons dated 25th August, 2025 and make the following orders: 11. a. The Applicants, WK and SK are hereby authorized to adopt WW. b. Upon adoption, the minor shall be known as WWK. c. JK and DKM are hereby appointed as the legal guardians of the minor. d. The guardian ad litem is hereby discharged. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 19TH DAY OF MARCH, 2026. C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4053/eng@2026-03-19 4

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