High Court 12574 of 2026

4. The Child was born to the 2nd Applicant and one AGK as per the Certificate of birth entry number 02xxxxxxx53 and serial number 71xxx66. The Child’s mother, the 2nd Applicant herein, was granted sole legal custody of the Child by the Children’s Court in Nairobi in file number E030 OF 2023. The Child’s biological father is stated not to have been in the Child’s life. He gave his consent dated 24th October, 2024. 5. The 1st Applicant is the Head of Research Project, International Education Monitoring, the assignment that brought him to Kenya. The report from the Ministry of Gender, Culture and Children’s Services dated 9th June, 2026 indicates that the Applicants are financially stable and have a reliable source of income to enable them to cater for the material needs of the Child. The report indicates that the Applicants have been meeting the Child’s needs for the past three years and remain committed to ensuring her continued welfare and well-being. They have presented their financial statements. 6. The family has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services, the appointed Guardian ad Litem and the Adoption agency report all indicate that they are eligible to adopt. They have indicated that they would like to formalize the Child’s relationship with the 1st Applicant through adoption to enable the Child to become a full member of the family. 7. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 9th June 2026 indicates that the adoption is a kinship adoption in respect of the 2nd Applicant’s daughter. The relationship between the 1st Applicant and the Child is already established. 8. The Child was declared free for adoption on 5th August, 2024 vide Certificate serial number 0794. 9. Pending hearing of the application before this Court, POO was appointed as Guardian ad Litem of the Child. She gave a positive report dated 18th June, 2026, confirming that the bond between the Child and the Applicants is warm and natural, and that they treat her with love and care. She stated that the Child has developed strong bonds with the Applicants, who have sufficient means and capability to provide for the Child. 10. CN, the proposed legal guardian, is a Kenya Citizen as evidenced by his National Identity Card. He is an uncle to the Child and the brother to the 2nd Applicant. 11. At the hearing, the Applicants informed the court that they had explained the proceedings to the Child. The Child identified the Applicants as her parents on the virtual platform. She told the court that she was looking forward to being with both parents, as she was presently staying with her grandmother in Kenya. The grandmother was present during the hearing and confirmed that the family consents to the adoption and that the same is in the best interests of the Child. 12. The Child is a Kenyan citizen having been born by Kenyan parents 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. 13. 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; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12574/eng@2026-07-30 2

page 2 of 5

1. 2. 3. c. In all actions concerning Children, whether undertaken by public of 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 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12574/eng@2026-07-30 3

page 3 of 5

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; - 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. 14. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi), the guardian ad litem, and the proposed legal guardian all indicate that the Child will be well taken care of in the care and custody of the adoptive parents. 15. The Applicants have been found suitable to adopt the Child herein; they have demonstrated commitment to the overall well-being, including provision of basic needs and love. I am convinced that this adoption is in the best interests of the Child. 16. In the circumstances, I allow the Originating Summons dated 6th October 2025 and make the following orders: 17. a. The Applicants, MS and FN, are authorized to adopt the Child known as Baby CW. b. Upon adoption, the Child shall be known as CWS. c. CK is appointed as the legal guardian of the Child. d. The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child. e. The guardian ad litem is hereby discharged. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 30TH DAY OF JULY 2026. ………………………. C. KENDAGOR JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12574/eng@2026-07-30 4

page 4 of 5

In the presence of: Court Assistant: Beryl Baby CWS Applicants Ms. Odongo, Advocate for the Applicants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12574/eng@2026-07-30 5

page 5 of 5