1. The Applicants B.K.M and L.W.K filed the Originating Summons dated 9 th January 2026 supported by their joint statement of even date seeking the following orders:
a) That the Applicants be authorized to adopt J.C.K a minor also known as J.C.K.M and the Registrar General be directed to make appropriate entries in the Adopted Children Register and issue a new birth certificate in which the 1 st Applicant shall be entered as father and the 2 nd Applicant as mother of the child.
b) That D.K.M be appointed as the legal guardian of the minor.
c) That the Director of Immigration Services be authorised to issue the child with a Kenyan Passport.
d) That the Court do issue further orders as may be deemed fit and just in the best interest of the child.
2. The Applicant B.K.M and L.W.K are both Kenyan Citizens husband and wife, having solemnized their union on 24 th October, 2018 as evidenced by their Kenyan identity cards and the marriage certificate that were annexed to this application. Together, they have two biological children JKM aged 6 years and ZMKM who is 2 years old.
3. The subject of this adoption, J.C.K alias J.C.K.M is the biological son of L.W.K, (the 2 nd Applicant herein) and K.G.K. He was born on 21 st June, 2013. It was the evidence of L.W.K that, K.G.K, the biological father of J.C.K, disappeared completely after she became expectant and has been absent father all through leaving the 2 nd Applicant to solely exercise sole parental responsibility over the minor until the year 2015 through courtship she met the 1 st when the minor was 2 years old and the 1 st Applicant with the consent of the 2 nd Applicant began raising and providing for the minor’s needs including educating him as the father figure.
4. In answer to the probing questions regarding the absence of consent by the biological father when the 2 nd Applicant testified in Court on 21/6/2026, the 2 nd Applicant ( A.W. 2 ) responded to the questions on oath as follows:
Court: Are you saying the biological father has not been part of the life of the child?
L.W.K: yes
Court: Was he aware you got pregnant by him?
L.W.K: yes, that is when he took off.
Court: At the point you met him, where was he living?
L.W.K: G…
Court: Did you know any of his brothers and sisters?
L.W.K: He did not introduce me to any of his relatives.
Court: At the point you gave birth, did you recognize him as the father?
L.W.K: Yes, I put his name in the birth certificate.
Court: Has the biological father contacted you or in any way maintained the child?
L.W.K: Not at all.
Court: Why do you think it is the best interest of the child that he should be adopted by your husband?
L.W.K: This because the child knows him as the father. Even before we got married, he knew B.K.M as his Dad before we got other children. For over 10 years, B.K.M has taken care of the minor and we have children and have maintained a happy living all these years.
5. The 1 st Applicant (B.K.M), aged 50 years, testified as ( A.W.1 ) and confirmed he is married to the subject’s mother and has been in his life since 2015, at time, J.C.K was two years old. He testified that he has thus lived with J.C.K for the last ten (10) years. He told# this Court he is the only father figure J.C.K has ever known. B.K.M further confirmed that he was fully aware formally adopting J.C.K as his legal child, he will assume all the legal rights including inheritance and was thus ready and prepared to formalise the father-son relationship with him. Asked by the Court if he had any knowledge about J.C.K’s biological father, that he disappeared and abandoned the mother when she became pregnant. BKM stated that he has never met him since he came to the life of J.C.K and his mother, 2 nd Applicant-L.W.K.
6. The proposed legal guardian , DKM, (A.W.3) an pilot by profession, equally testified before this Court under oath. He affirmed his willingness and consent to take up the role of the legal guardian which he stated he very well understands. He explained as follows:
“I agree to be the legal guardian. I filled the consent on 9/1/2026 to be the legal guardian. I shall bear full responsibility of the minor’ financially, emotionally, education, maturity if both parents become incapacitated. The minor is my nephew. I consider her my son because I have 3 biological daughters”
7. Asked by the Court if his family was aware that he was committing to take this responsibility, he stated:
“My wife C.K is aware that I am in Court to take responsibility as legal guardian of J”
8. Asked by the Court if by being a brother to the 2 nd Applicant (A.W. 2) if he knows or has ever interacted with the biological father of J.C.K, his answer was emphatically in the negative. He answered:
“I have never met; I would have wanted to but I never received any information that the man has been willing or intended to meet us for 13 years.”
9. JWG , ( A.W.4 ) a pilot by profession gave evidence in these proceedings as the guardian ad litem . She testified that she was appointed Guardian ad Litem (GAL) on 1/4/2026. She visited the home of the Applicants on 12/3/2026 and interacted with the minor. She said the minor was neat, peaceful and in a secure and clean environment. She talked to him and was very positive about the relationship with his mother (2 nd Applicant) and her husband, 1 st Applicant (BKM). A.W.4 recommended adoption stating that it would be in the best interest of the child.
10. The Adoption Agency- (KKPI) filed a report dated 11/2/2026 but filed in this Court on 19/1/2026. Based on the evaluation, the report is favourable. The witness (J.K.M ) A.W 6 , said the Applicant was found to be in very good relationship with the Applicants and the bond of father-son relationship was firmly established hence according to the Adoption Agency, there were no reservations from their end.
11. The report dated 4 th April, 2026 from the State Department, Children Services was prepared and produced in Court by S.M.N (A.W 3), a Children Officer. He testified he conducted two home visits and interviewed both Applicants and the minor on 21/2/2026 and 13/3/202026. Upon the conducting the interview and an assessment of the environment he was satisfied that the Applicants were suitable for adoption of the minor. He also inquired about the whereabouts of the biological father and was informed he has never appeared to lay claim on the child or in any way been involved in his upbringing since his birth. In conclusion he stated:
“The recommendation as per the assessment, I have no objection for the Court to grant adoption order to the Applicants as is in the best interests of the minor…”
12. The Court also held a brief interview with the minor, J.C.K alias J.C.K.M, ( A.W.7 ) and the impression the Court formed was that the minor has all along known B.K.M as his dad; and probed about his relationship with the 1 st Applicant, B.K.M. he described it as follows:
“He is very patient, understanding and soft-spoken.”
13. Asked about one wish he has for the 1 st Applicant, B.K.M, he answered:
“I would really wish to go and stay with him. I love him a lot.”
Analysis and Determination
14. The only issue for determination in this matter is whether this Court should grant the orders for adoption of the minor, J.C.K alias J.C.K.M.
15. This Court is required to uphold and give effect to the paramount principle of the best interest of the child, as enshrined under Article 53 (2) of the Constitution, read together with Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the First Schedule of the Children’s Act No. 29 of 2022.
16. From the oral testimonies of the seven witnesses, the affidavits filed herein together with the reports filed before this Court, it is abundantly clear to this Court that there is no impediment to the adoption of J.C.K alias J.C.K.M by the joint applicants B.K.M and L.W.K.
17. The Applicant’s have provided residence, maintained, taken care of the minor’s emotional, physical and educational needs for over ten (10) years. Indeed, the 2 nd Applicant is the minor’s biological mother. While it is a legal requirement that the consent of the biological parent be granted in an adoption matter, and the 2 nd Applicant acknowledged that indeed the minor’s has a different biological father, who is not B.K.M, she testified on oath that the biological father abandoned her when she became pregnant and disappeared forever, and has never heard or seen him. Her brother equally testified that he has never met or seen J.C. K’s biological father, a fact corroborated by the 2 nd Applicant, B.K.M, who attested that for over ten years he has been living with J.C.K, he has never seen the said biological father.
18. Consequently, the consent of the biological father is not possible to secure even with reasonable diligence in the circumstances hence is waived by the Court for purposes of these adoption proceedings.
19. The desire to adopt the minor and formalise the relationship of father and son by a man who has been in the minor’s life for over ten (10) years and whom the minor affectionately refers as Dad demonstrates a deep, longstanding relationship that has flourished between the minor and the 1 st Applicant with the consent of the 2 nd Applicant. That strong bond was palpable not only during the visit by the Children Officer, the Adoption Agency and the Guardian ad Litem but also right before the eyes of this Court when the minor genuinely expressed undying love for the 1 st Applicant which in itself, reflects the minor’s sense of identity, security and belonging in the presence of the Applicant.
20. Allowing this adoption goes a long way in granting a seal of approval to a relationship that has long existed between the Applicants and the minor and it is my considered view that it serves the overriding principle of the best interests of the child.
21. Further, the Court notes that the Applicants have provided stability to the minor from their solid financial base with income from business and professional career.
22. I am satisfied the Applicant’s desire to adopt the J.C.K alias J.C.K.M is meritorious and would serve the paramount principle of the best interests of the minor.
23. I allow the application for adoption and make orders as follows:
1. That the consent of the biological father to the minor J.C.K alias J.C.K.M is hereby dispensed as he abandoned the child prior to his birth and has never resurfaced or contacted the mother (L.W.K-2 nd Applicant).
2. The Applicants are hereby authorised to adopt the minor J.C.K also known as J.C.K.M and upon adoption shall be known as J.C.K.M.
3. That the Registrar General is hereby directed to make appropriate entries in the Adopted Children Register and issue a new birth certificate to J.C.K.M in which the 1 st Applicant shall be entered as father and the 2 nd Applicant as mother of the child.
4. That D.K.M be appointed as the legal guardian of the minor.
5. That the Director of Immigration Services is hereby authorised issue J.C.K.M with a Kenyan Passport consistent with his adopted status.
6. The guardian ad litem is hereby discharged.
Dated, signed and delivered in Thika this 16 th day of July, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
HCF ADOP/E001 OF 2026- RULING 2 | Page
a) That the Applicants be authorized to adopt J.C.K a minor also known as J.C.K.M and the Registrar General be directed to make appropriate entries in the Adopted Children Register and issue a new birth certificate in which the 1 st Applicant shall be entered as father and the 2 nd Applicant as mother of the child.
b) That D.K.M be appointed as the legal guardian of the minor.
c) That the Director of Immigration Services be authorised to issue the child with a Kenyan Passport.
d) That the Court do issue further orders as may be deemed fit and just in the best interest of the child.
2. The Applicant B.K.M and L.W.K are both Kenyan Citizens husband and wife, having solemnized their union on 24 th October, 2018 as evidenced by their Kenyan identity cards and the marriage certificate that were annexed to this application. Together, they have two biological children JKM aged 6 years and ZMKM who is 2 years old.
3. The subject of this adoption, J.C.K alias J.C.K.M is the biological son of L.W.K, (the 2 nd Applicant herein) and K.G.K. He was born on 21 st June, 2013. It was the evidence of L.W.K that, K.G.K, the biological father of J.C.K, disappeared completely after she became expectant and has been absent father all through leaving the 2 nd Applicant to solely exercise sole parental responsibility over the minor until the year 2015 through courtship she met the 1 st when the minor was 2 years old and the 1 st Applicant with the consent of the 2 nd Applicant began raising and providing for the minor’s needs including educating him as the father figure.
4. In answer to the probing questions regarding the absence of consent by the biological father when the 2 nd Applicant testified in Court on 21/6/2026, the 2 nd Applicant ( A.W. 2 ) responded to the questions on oath as follows:
Court: Are you saying the biological father has not been part of the life of the child?
L.W.K: yes
Court: Was he aware you got pregnant by him?
L.W.K: yes, that is when he took off.
Court: At the point you met him, where was he living?
L.W.K: G…
Court: Did you know any of his brothers and sisters?
L.W.K: He did not introduce me to any of his relatives.
Court: At the point you gave birth, did you recognize him as the father?
L.W.K: Yes, I put his name in the birth certificate.
Court: Has the biological father contacted you or in any way maintained the child?
L.W.K: Not at all.
Court: Why do you think it is the best interest of the child that he should be adopted by your husband?
L.W.K: This because the child knows him as the father. Even before we got married, he knew B.K.M as his Dad before we got other children. For over 10 years, B.K.M has taken care of the minor and we have children and have maintained a happy living all these years.
5. The 1 st Applicant (B.K.M), aged 50 years, testified as ( A.W.1 ) and confirmed he is married to the subject’s mother and has been in his life since 2015, at time, J.C.K was two years old. He testified that he has thus lived with J.C.K for the last ten (10) years. He told# this Court he is the only father figure J.C.K has ever known. B.K.M further confirmed that he was fully aware formally adopting J.C.K as his legal child, he will assume all the legal rights including inheritance and was thus ready and prepared to formalise the father-son relationship with him. Asked by the Court if he had any knowledge about J.C.K’s biological father, that he disappeared and abandoned the mother when she became pregnant. BKM stated that he has never met him since he came to the life of J.C.K and his mother, 2 nd Applicant-L.W.K.
6. The proposed legal guardian , DKM, (A.W.3) an pilot by profession, equally testified before this Court under oath. He affirmed his willingness and consent to take up the role of the legal guardian which he stated he very well understands. He explained as follows:
“I agree to be the legal guardian. I filled the consent on 9/1/2026 to be the legal guardian. I shall bear full responsibility of the minor’ financially, emotionally, education, maturity if both parents become incapacitated. The minor is my nephew. I consider her my son because I have 3 biological daughters”
7. Asked by the Court if his family was aware that he was committing to take this responsibility, he stated:
“My wife C.K is aware that I am in Court to take responsibility as legal guardian of J”
8. Asked by the Court if by being a brother to the 2 nd Applicant (A.W. 2) if he knows or has ever interacted with the biological father of J.C.K, his answer was emphatically in the negative. He answered:
“I have never met; I would have wanted to but I never received any information that the man has been willing or intended to meet us for 13 years.”
9. JWG , ( A.W.4 ) a pilot by profession gave evidence in these proceedings as the guardian ad litem . She testified that she was appointed Guardian ad Litem (GAL) on 1/4/2026. She visited the home of the Applicants on 12/3/2026 and interacted with the minor. She said the minor was neat, peaceful and in a secure and clean environment. She talked to him and was very positive about the relationship with his mother (2 nd Applicant) and her husband, 1 st Applicant (BKM). A.W.4 recommended adoption stating that it would be in the best interest of the child.
10. The Adoption Agency- (KKPI) filed a report dated 11/2/2026 but filed in this Court on 19/1/2026. Based on the evaluation, the report is favourable. The witness (J.K.M ) A.W 6 , said the Applicant was found to be in very good relationship with the Applicants and the bond of father-son relationship was firmly established hence according to the Adoption Agency, there were no reservations from their end.
11. The report dated 4 th April, 2026 from the State Department, Children Services was prepared and produced in Court by S.M.N (A.W 3), a Children Officer. He testified he conducted two home visits and interviewed both Applicants and the minor on 21/2/2026 and 13/3/202026. Upon the conducting the interview and an assessment of the environment he was satisfied that the Applicants were suitable for adoption of the minor. He also inquired about the whereabouts of the biological father and was informed he has never appeared to lay claim on the child or in any way been involved in his upbringing since his birth. In conclusion he stated:
“The recommendation as per the assessment, I have no objection for the Court to grant adoption order to the Applicants as is in the best interests of the minor…”
12. The Court also held a brief interview with the minor, J.C.K alias J.C.K.M, ( A.W.7 ) and the impression the Court formed was that the minor has all along known B.K.M as his dad; and probed about his relationship with the 1 st Applicant, B.K.M. he described it as follows:
“He is very patient, understanding and soft-spoken.”
13. Asked about one wish he has for the 1 st Applicant, B.K.M, he answered:
“I would really wish to go and stay with him. I love him a lot.”
Analysis and Determination
14. The only issue for determination in this matter is whether this Court should grant the orders for adoption of the minor, J.C.K alias J.C.K.M.
15. This Court is required to uphold and give effect to the paramount principle of the best interest of the child, as enshrined under Article 53 (2) of the Constitution, read together with Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the First Schedule of the Children’s Act No. 29 of 2022.
16. From the oral testimonies of the seven witnesses, the affidavits filed herein together with the reports filed before this Court, it is abundantly clear to this Court that there is no impediment to the adoption of J.C.K alias J.C.K.M by the joint applicants B.K.M and L.W.K.
17. The Applicant’s have provided residence, maintained, taken care of the minor’s emotional, physical and educational needs for over ten (10) years. Indeed, the 2 nd Applicant is the minor’s biological mother. While it is a legal requirement that the consent of the biological parent be granted in an adoption matter, and the 2 nd Applicant acknowledged that indeed the minor’s has a different biological father, who is not B.K.M, she testified on oath that the biological father abandoned her when she became pregnant and disappeared forever, and has never heard or seen him. Her brother equally testified that he has never met or seen J.C. K’s biological father, a fact corroborated by the 2 nd Applicant, B.K.M, who attested that for over ten years he has been living with J.C.K, he has never seen the said biological father.
18. Consequently, the consent of the biological father is not possible to secure even with reasonable diligence in the circumstances hence is waived by the Court for purposes of these adoption proceedings.
19. The desire to adopt the minor and formalise the relationship of father and son by a man who has been in the minor’s life for over ten (10) years and whom the minor affectionately refers as Dad demonstrates a deep, longstanding relationship that has flourished between the minor and the 1 st Applicant with the consent of the 2 nd Applicant. That strong bond was palpable not only during the visit by the Children Officer, the Adoption Agency and the Guardian ad Litem but also right before the eyes of this Court when the minor genuinely expressed undying love for the 1 st Applicant which in itself, reflects the minor’s sense of identity, security and belonging in the presence of the Applicant.
20. Allowing this adoption goes a long way in granting a seal of approval to a relationship that has long existed between the Applicants and the minor and it is my considered view that it serves the overriding principle of the best interests of the child.
21. Further, the Court notes that the Applicants have provided stability to the minor from their solid financial base with income from business and professional career.
22. I am satisfied the Applicant’s desire to adopt the J.C.K alias J.C.K.M is meritorious and would serve the paramount principle of the best interests of the minor.
23. I allow the application for adoption and make orders as follows:
1. That the consent of the biological father to the minor J.C.K alias J.C.K.M is hereby dispensed as he abandoned the child prior to his birth and has never resurfaced or contacted the mother (L.W.K-2 nd Applicant).
2. The Applicants are hereby authorised to adopt the minor J.C.K also known as J.C.K.M and upon adoption shall be known as J.C.K.M.
3. That the Registrar General is hereby directed to make appropriate entries in the Adopted Children Register and issue a new birth certificate to J.C.K.M in which the 1 st Applicant shall be entered as father and the 2 nd Applicant as mother of the child.
4. That D.K.M be appointed as the legal guardian of the minor.
5. That the Director of Immigration Services is hereby authorised issue J.C.K.M with a Kenyan Passport consistent with his adopted status.
6. The guardian ad litem is hereby discharged.
Dated, signed and delivered in Thika this 16 th day of July, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
HCF ADOP/E001 OF 2026- RULING 2 | Page