In re PES (Adoption Cause E165 of 2025) [2026] KEHC 4092 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 4092 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E165 OF 2025 SN RIECHI, J MARCH 19, 2026 IN THE MATTER OF THE CHILDREN ACT AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF PES IN THE MATTER OF BJSS ....................................................................................................... 1ST APPLICANT EJAMS ................................................................................................. 2ND APPLICANT JUDGMENT 1. This is a joint Application for adoption by BJSS of Passport No. C8xxxxxx3, the 1st Applicant and EJAMS of Passport No. /ID No. BKxxxxxx1/22xxxxx4, the 2nd Applicant. The joint Applicants seek to be allowed by this Court to adopt PES (hereinafter “the child”). 2. The 1st and 2nd Applicants are a married couple of German and Kenyan citizenship respectively. They have been living together as husband and wife since October 10 2015 when they got married in Germany. The Applicants’ marriage has thus far not been blessed with any biological children of the marriage due to the couple’s inability to parent naturally, but they are happy with each other’s companionship. 3. The 1st Applicant is an electrical engineer employed by [Particulars Withheld] while the 2nd Applicant is an administrator working for [Particulars Withheld], a nursing home in Germany. 4. The child who is the subject of the present adoption proceedings was born on 17th January 2020 according to the Certificate of Birth issued on 18th September 2024. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4092/eng@2026-03-19 1
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5. The initial circumstances of the child as narrated to this Court are that he was initially adopted by the 2nd Applicant being a sole female Applicant in adoption cause number E158/2023 granted on 08/08/2024 with the consent of the 1st Applicant. 6. The child has been living under the care and control of the 1st and 2nd Applicant since then. He is in good health and has covered the milestones expected for a child of his age. 7. The Applicants filed an application for adoption dated 24th June 2025 seeking, among others orders from this Court that JAK be appointed as the child’s Guardian ad litem, and that the Director of Children’s Services be ordered to investigate the suitability of the Applicants to adopt the child and submit a report on the same. 8. The Applicants also sought to have the Court appoint DMS and VB, as the child’s legal guardians and to order that upon adoption the child be known as PES. 9. On 3rd July 2025, this Court issued an order appointing JAK as the child’s Guardian ad litem, and further directing the Guardian ad litem and the Director of Children’s Services to file their respective reports in Court. 10. Prior to the hearing of the matter, Kenya Children’s Homes, the relevant adoption society filed a report dated 27th June 2025 which detailed that the child was declared free for adoption by the Kenya Children’s Homes Adoption Society and freeing certificate serial number 1xx4 issued. It was their recommendation that the Applicants had proven their ability to assume full parental responsibility over the child. 11. A report in respect of the proposed adoption of the child by the Applicants was prepared by the Assistant Director of Children’s Services, and this report dated 28th July 2025 was similarly in favour of the proposed adoption.The Guardian ad litem, JAK also filed a report dated 29th July 2025 and supported the Application for adoption. 12. All the necessary statutory reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that the Applicants are suitable to adopt the child. 13. This Court has evaluated the relevant facts of the Applicants’ application for adoption. It is a local adoption of a Kenyan child by a Kenyan citizen and a German citizen. It is clear that the Applicants have fulfilled all the legal requirements pertinent to the adoption of the child. 14. The 1st and 2nd Applicants testified that they are 55 and 43 years of age respectively, which testimony is supported by their various registration documents presented and therefore they meet the age requirement for adoption under Section 186 of the Children’s Act. 15. They have also demonstrated that they are financially stable and capable of catering for the child as evidenced by copies of their bank statements and titles to the properties they own, attached to the summons. 16. The report by Children services informed this Court that the Applicants own a spacious home in Germany as well as a rented two bed-room house in Waiyaki Way, Nairobi. The child, therefore, has a conducive home environment. 17. The Applicants also demonstrated that they have no previous criminal record and no pending criminal prosecution by producing police clearance certificates attached to the Application. 18. The report by Children Services informed this Court that the reasons advanced for the proposed adoption to be that the Applicants seek to establish joint parental rights and responsibilities before the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4092/eng@2026-03-19 2
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family relocates to Germany, the country of residence of the 1st Applicant. The adoption will allow the 1st Applicant to acquire parental rights enabling him to place the name of the child in his official documents. 19. This Court has observed that the 2nd Applicant was already a legal parent to the child pursuant to an Adoption order made on 08/08/2024 in Adoption Cause No. E158 of 2023. The Certificate of entry in the Adopted Children’s Register given on 11th September 2024 and the Certificate of Birth issued to the child also identify the 2nd Applicant as the child’s adoptive mother. 20. Vide a letter dated 20th February 2025 addressed to the adoption society, the 2nd Applicant freed the child for adoption in order for her and the 1st Applicant to adopt him and share parental rights and custody over him. 21. The proposed legal guardians DMS and VB of Passport Numbers L7xxxxxL and A7xxxxxxx2 respectively appeared before me on 31/07/2025 and testified that they know their responsibilities and had consented to be appointed as such. 22. On the basis of a careful consideration of the evidence presented before me as well as the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act, 2022, I find that it is in the best interest of the child that he is adopted by the Applicants. 23. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 24th June 2025 and order as follows: i. The Applicants BJSS and EJAMS are allowed to adopt the child, PES. ii. The child shall henceforth be known as PES. iii. DMS and VB are hereby appointed as the legal guardians of the child. iv. The Registrar General is hereby directed to effect changes accordingly in the Adopted Children’s Register. v. The Guardian ad litem is hereby discharged. DATED AT NAIROBI THIS 23RD DAY OF OCTOBER, 2025 AMENDED AT NAIROBI THIS 19TH DAY OF MARCH, 2026 …………………… S.N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4092/eng@2026-03-19 3
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