High Court 12662 of 2026

4. The Child was born to the 1st Applicant’s maternal niece, LSN, who passed away on the 19th of September 2025. The biological father of the Child is unknown as there was no information on the Child’s birth certificate to identify him. His identity and whereabouts remain unknown. The Child resided in Kerugoya with a relative, the 1st Applicant’s maternal aunt, who also passed away. Having lost the mother and grandmother, the Child was at risk of becoming destitute and therefore, the extended family made a decision to take up full responsibility of the Child together with her three siblings. The Applicants were granted guardianship after the customary family meeting. 5. The Child was declared free for adoption by Change Trust Adoption Society vide certificate No. 00868A dated 3rd November 205 6. During the hearing, the Child appeared happy and healthy. She was very cheerful and confident. She identified the 1st Applicant as the mother. The Applicants have two biological Children who introduced themselves at the hearing and gave their consent. 7. The Applicants have undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem indicate that they are eligible to adopt. They have no criminal records. 8. They have indicated that they would like to legalize their relationship through adoption to enable the Child to become a complete member of the family. 9. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 26th March, 2026 indicates that the adoption is a kinship adoption. The Child is being adopted by her maternal aunt and uncle. 10. The Applicants took over the care and custody of the Child in providing for the Child’s educational requirements and had bonded with the Child and the brothers. Pending hearing of the application before this Court, CNM was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the Applicant have embraced the Child as a member of the family in a loving environment and have afforded the Child with all the rights and benefits a Child should have to develop well. 11. The Child is a Kenyan citizen by birth as evidenced in her Birth Certificate bearing serial number 35xxx62. 12. TMW, the proposed legal guardian, is a Kenyan citizen and the 1st Applicant’s kin. She consented to being the legal guardian with the full understanding of the mandate. She has the Child’s other siblings under her care. 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 her. 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. 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; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12662/eng@2026-07-30 2

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b. 2. 3. c. 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. 12. The effect of the Child if one parent/guardian has sole authority over the Child’s upbringing. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12662/eng@2026-07-30 3

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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; 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. 18. 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 County), the report from Change Adoption Society, 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. I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life. In the circumstances, I allow the Originating Summons dated 1st December, 2025 and make the following orders: 16. a. The Applicants herein, TNM and RMN, are authorized to adopt the Child known as Baby KBM. b. Upon adoption, the Child shall be known as AMM. c. TMM 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 Registrar of Births and Deaths is directed to issue a birth certificate in the Child’s new name; f. 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 In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12662/eng@2026-07-30 4

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Court Assistant: Beryl Mr. Malonza Advocate holding brief for Mr. Mutembei Advocate for the Applicants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12662/eng@2026-07-30 5

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