In re TM (Minor) (Adoption Cause E297 of 2025) [2026] KEHC 4100 (KLR) (Family) (24 March 2026) (Judgment) Neutral citation: [2026] KEHC 4100 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E297 OF 2025 CJ KENDAGOR, J MARCH 24, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF THE APPLICATION FOR ADOPTION BY LLM AND DNB OVER THE MINOR TM IN THE MATTER OF LLM ...................................................................................................... 1ST APPLICANT DNB ..................................................................................................... 2ND APPLICANT JUDGMENT 1. Before this Court is the Originating Summons dated 16th October, 2025. The Applicants LLM and DNB are seeking to be authorized to adopt baby TM, hereinafter referred to as (“the child”), and upon adoption, the child is to be known as TMM. The applicants have nominated JN for appointment as the child’s legal guardian upon the granting of the adoption orders. 2. The Applicants are a married couple who got married on 8th April, 2017 under the Meru Customary Law and thereafter solemnized their marriage on 23rd September, 2025, as evidenced by a copy of the marriage certificate, and together they have been blessed with one biological child, TNM, from the said marriage. Prior to their marriage, DNB, the 2nd Applicant herein, had two biological children, amongst them being TM, the minor who is the subject herein, while LLM, the 1st Applicant, had one biological son, VMM, who is now an adult. 3. The proceedings relate to TM. The biological father of the minor has never participated in the minor’s upbringing and has not exercised parental responsibility; his whereabouts are unknown, as it is stated that the communication ended when the 2nd Applicant was pregnant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4100/eng@2026-03-24 1
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4. The Applicants are Kenyan citizens, as evidenced by copies of their National Identity Cards. DNB is a Civil Servant and a businesswoman, while LLM is a businessman, hence their financial capability and ability to provide for the child, as evidenced by their financial statements. Their health status is good, as evidenced by the medical reports, and they do not have any previous criminal records, as evidenced by their Certificates of Good Conduct issued by the Directorate of Criminal Investigations. 5. They have indicated their desire to have the adoption orders so that the child may formally adopt the family surname, enjoy equal status with his small sister and feel fully integrated into their blended family. 6. JN who is the proposed Legal guardian, is DNB’s sister and sister-in-law to LLM. She told the Court that she understands the role of a legal guardian and has accepted the nomination. 7. The child was examined in Court, and he appeared happy and healthy and was aware of the proceedings. 8. The report issued by the State Department for Children’s Services dated 3rd March, 2026 establishes that the Applicants are in a stable union. It further observes that the child has a strong bond with the Applicants. Overall, the findings from the inquiry and accompanying visits are decidedly favourable. 9. The child was declared free for adoption on 16th July, 2025, by Kenya Children’s Home Adoption Society vide freeing certificate number 1091. 10. 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. 11. 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; b. conserve and promote the welfare of the child; and https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4100/eng@2026-03-24 2
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c. 3. 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. 17. Where there is a person residing with a parent or guardian, whether that person; - https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4100/eng@2026-03-24 3
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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. 12. The report from Kenya Children’s Home Adoption Society, the guardian ad litem and the proposed legal guardian indicate that the child is well known to the adoptive parents and that he will be well taken care of in their care and custody. The 1st Applicant has afirmed that he is ready to assume parental responsibility for the minor. The child has blended well with the rest of the siblings, and I am satisfied that this adoption serves the child’s best interests. 13. In the circumstances, I allow the originating summons dated 16th October, 2025 and make the following orders: 14. a. The consent of the biological father is hereby dispensed with in the adoption. b. The Applicants, LLM and DNB are hereby authorized to adopt TM. c. Upon adoption, the minor shall be known as TMM. d. The Applicants are granted full and actual legal custody over the minor as well as parental responsibility over the said minor. e. The Registrar General is hereby directed to enter the adoption in the Adopted Children Register. f. The Registrar of Births and Deaths is authorized to issue a new birth certificate in respect of the minor. g. JN is hereby appointed as the legal guardian of the minor. h. 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 24TH DAY OF MARCH, 2026. .................................... C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Advocate: Ms. Nerima https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4100/eng@2026-03-24 4
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