A. INTRODUCTION
1. This is a kinship adoption cause in which the Applicant, a single mother of two children, seeks leave to adopt the minor C.N .
2. The application is brought under the Children Act, 2022, and is supported by affidavits, consents and reports filed by the Directorate of Children’s Services and the adoption society.
B. ISSUES FOR DETERMINATION
3. The issues for determination are:
a. Whether the Applicant meets the legal threshold for adoption;
b. Whether the child is available for adoption;
c. Whether all necessary consents have been obtained;
d. Whether the adoption is in the best interests of the child.
C. LEGAL FRAMEWORK AND PRINCIPLES
(i) Best Interests of the Child
4. The governing principle is Article 53(2) of the Constitution of Kenya and section 8(1) of the Children Act, 2022, which provide that: “In all actions concerning children… the best interests of the child shall be the primary consideration.”
(ii) Role of Reports by Children’s Officer and Adoption Society
5. Reports by the Children’s Officer and the adoption society are material. They supply the social background of the child and the proposed adoptive parent and assist the Court in assessing the suitability of the Applicant and whether the adoption is in the child’s best interests.
(iii) Consent of the Child
6. Under section 187 of the Children Act, 2022, the consent of a child above the prescribed age is required.
D. ANALYSIS
(i) Suitability of the Applicant
7. The Applicant is an adult Kenyan citizen aged 40 years, financially stable and an advocate of the High Court. She has two children of her own and has been the primary caregiver of the child for over a decade. I am satisfied that the Applicant meets the threshold under section 186 of the Children Act, 2022.
(ii) Availability of the Child for Adoption
8. The child has been declared free for adoption.
(iii) Consent
9. The Court is satisfied that the biological parents and the child have given consent to the adoption in compliance with section 187 of the Children Act, 2022.
(iv) Kinship Adoption
10. Kinship adoption is favoured as it secures family-based care for the child rather than institutional care. In Re J (Minor) KEHC 2296 the court observed that “a family and not an institution is the best place for a child.” I find that the intended kinship adoption is appropriate in this case.
(v) Best Interests of the Child
11. The child has lived with the Applicant since the age of four and has formed a strong emotional bond with her. The Children’s Officer’s report confirms stable upbringing, good health and development, adequate financial support and strong attachment to the Applicant. The adoption society’s report and the Kisii County Director of Children’s Services also recommend the adoption as being in the child’s best interests.
12. The adoption will formalise an existing parent–child relationship, provide legal security and promote the child’s emotional stability within the warmth of the extended family.
E. DETERMINATION
13. Guided by the Constitution, the Children Act, 2022, and the reports filed in Court, I find that the originating summons dated 21 June 2024 is merited and that the adoption is in the best interests of the minor.
F. ORDERS
14. Accordingly, the Court makes the following orders:
a. The Applicant, C.R.S., is hereby authourised to adopt the minor C.N.;
b. The child shall henceforth be known as C.N.S.
c. The child shall enjoy the full rights of a biological child;
d. . D.N. M.A. and J.N.N. are appointed legal guardians;
e.. The Registrar-General is directed to enter this adoption in the Adopted Children Register;
f. The Guardian ad Litem is discharged.
T. A. ODERA
JUDGE
24 .3. 2026
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON THIS AT THIS 24TH DAY OF MARCH 2026, IN THE PRESENCE OF & MISS NDUHUKHIRE FOR APPLICANT
1. This is a kinship adoption cause in which the Applicant, a single mother of two children, seeks leave to adopt the minor C.N .
2. The application is brought under the Children Act, 2022, and is supported by affidavits, consents and reports filed by the Directorate of Children’s Services and the adoption society.
B. ISSUES FOR DETERMINATION
3. The issues for determination are:
a. Whether the Applicant meets the legal threshold for adoption;
b. Whether the child is available for adoption;
c. Whether all necessary consents have been obtained;
d. Whether the adoption is in the best interests of the child.
C. LEGAL FRAMEWORK AND PRINCIPLES
(i) Best Interests of the Child
4. The governing principle is Article 53(2) of the Constitution of Kenya and section 8(1) of the Children Act, 2022, which provide that: “In all actions concerning children… the best interests of the child shall be the primary consideration.”
(ii) Role of Reports by Children’s Officer and Adoption Society
5. Reports by the Children’s Officer and the adoption society are material. They supply the social background of the child and the proposed adoptive parent and assist the Court in assessing the suitability of the Applicant and whether the adoption is in the child’s best interests.
(iii) Consent of the Child
6. Under section 187 of the Children Act, 2022, the consent of a child above the prescribed age is required.
D. ANALYSIS
(i) Suitability of the Applicant
7. The Applicant is an adult Kenyan citizen aged 40 years, financially stable and an advocate of the High Court. She has two children of her own and has been the primary caregiver of the child for over a decade. I am satisfied that the Applicant meets the threshold under section 186 of the Children Act, 2022.
(ii) Availability of the Child for Adoption
8. The child has been declared free for adoption.
(iii) Consent
9. The Court is satisfied that the biological parents and the child have given consent to the adoption in compliance with section 187 of the Children Act, 2022.
(iv) Kinship Adoption
10. Kinship adoption is favoured as it secures family-based care for the child rather than institutional care. In Re J (Minor) KEHC 2296 the court observed that “a family and not an institution is the best place for a child.” I find that the intended kinship adoption is appropriate in this case.
(v) Best Interests of the Child
11. The child has lived with the Applicant since the age of four and has formed a strong emotional bond with her. The Children’s Officer’s report confirms stable upbringing, good health and development, adequate financial support and strong attachment to the Applicant. The adoption society’s report and the Kisii County Director of Children’s Services also recommend the adoption as being in the child’s best interests.
12. The adoption will formalise an existing parent–child relationship, provide legal security and promote the child’s emotional stability within the warmth of the extended family.
E. DETERMINATION
13. Guided by the Constitution, the Children Act, 2022, and the reports filed in Court, I find that the originating summons dated 21 June 2024 is merited and that the adoption is in the best interests of the minor.
F. ORDERS
14. Accordingly, the Court makes the following orders:
a. The Applicant, C.R.S., is hereby authourised to adopt the minor C.N.;
b. The child shall henceforth be known as C.N.S.
c. The child shall enjoy the full rights of a biological child;
d. . D.N. M.A. and J.N.N. are appointed legal guardians;
e.. The Registrar-General is directed to enter this adoption in the Adopted Children Register;
f. The Guardian ad Litem is discharged.
T. A. ODERA
JUDGE
24 .3. 2026
DELIVERED, VIRTUALLY VIA TEAMS PLATFORM ON THIS AT THIS 24TH DAY OF MARCH 2026, IN THE PRESENCE OF & MISS NDUHUKHIRE FOR APPLICANT