IN THE MATTER OF HOM, A MINOR
AND
IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION
1. Before this Court is the application dated 24 th February, 2026 and amended on 10 th June 2026 . The Applicant FH is seeking to be authorized to adopt Baby HOM hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as RO . SAA is to be appointed as the Child’s legal guardian upon the granting of the adoption orders.
2. The Applicant is a Kenyan with dual citizenship in the United Kingdom, where she currently resides, as evidenced by her Passports. She got separated from her husband in 2022. She has one biological Child.
3. The Applicant is gainfully employed working as a registered nurse at Hillington Hospital in the UK. The Guardian ad litem’s report dated 26 th May 2026 indicates that the Applicant has sufficient financial resources to enable her to take good care of the Child.
4. The Child was born to OMM and FHM as indicated in her Certificate of Birth serial number 0944126. The Child’s biological parents divorced, and the Child moved with the mother. The Child has been staying with her grandmother as her biological mother is struggling to meet her needs. The Applicant has been providing for the Child.
5. This is a kinship adoption where the Applicant seeks to adopt her niece. The Applicant already holds lawful guardianship over the minor pursuant to a court order issued on 25 th July 2025 in MCCHMISC E169 OF 2025 .
6. The Child’s biological mother and biological father expressly gave their consent to the adoption. There are also written consents before the Court dated 24 th November 2025 executed before the Adoption Agency. The Child was declared free for adoption by Little Angels Adoption Society vide certificate No. 002612 dated 11 th December 2025.
7. During the hearing, the Child expressed a strong desire that the adoption be allowed. She identified the applicant as her second mother. She understood the nature of the adoption proceedings and conveyed that she was fully supportive of the process. The Child appeared well looked after, in good health, happy and comfortable.
8. The Applicant has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services, the adoption agency and the appointed Guardian ad Litem indicate that she is eligible to adopt.
9. Pending the hearing of the application before this Court, FOA was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the Applicant is a mature and stable individual who is able to provide financially for the Child and will ensure that the Child has every opportunity for education and development.
10. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County) states that the Applicant has met the requirements required for a local adoption as provided under law. They stated that as this is a kinship adoption, the Child will not lose her kinship ties.
11. The Applicant intends to relocate the Child to the UK as she believes that the Child will benefit enormously from the various opportunities in the UK. The urgency was conveyed by stating that the school semester starts in September 2026.
12. The Child is a Kenyan citizen by virtue of her Birth Certificate bearing serial number 0944128 and 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. SAA , the proposed legal guardian, gave her consent vide the affidavit dated 26 th May 2026 with the full understanding of the mandate. She is a Kenyan citizen by virtue of her National Identity Card.
14. 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 1 st 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;
(b) The best interests of the Child shall include, but shall not be limited to the considerations set out in the First Schedule.
(2) 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.
(3) 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.
c. 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; -
(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.
15. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County), the report from Little Angels Network, 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 parent.
16. I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life.
17. In the circumstances, I allow the Originating Summons dated 24 th February 2026 and amended on 10 th June 2026 and make the following orders:
(a) The Applicant herein FH is authorized to adopt the Child known as Baby FOM.
(b) Upon adoption, the Child shall be known as RO.
(c) SAA 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.
18. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 31st day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms. Kamanja, Advocate holding brief for Mr. Abdullahi Advocate for the Applicant
AND
IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION
1. Before this Court is the application dated 24 th February, 2026 and amended on 10 th June 2026 . The Applicant FH is seeking to be authorized to adopt Baby HOM hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as RO . SAA is to be appointed as the Child’s legal guardian upon the granting of the adoption orders.
2. The Applicant is a Kenyan with dual citizenship in the United Kingdom, where she currently resides, as evidenced by her Passports. She got separated from her husband in 2022. She has one biological Child.
3. The Applicant is gainfully employed working as a registered nurse at Hillington Hospital in the UK. The Guardian ad litem’s report dated 26 th May 2026 indicates that the Applicant has sufficient financial resources to enable her to take good care of the Child.
4. The Child was born to OMM and FHM as indicated in her Certificate of Birth serial number 0944126. The Child’s biological parents divorced, and the Child moved with the mother. The Child has been staying with her grandmother as her biological mother is struggling to meet her needs. The Applicant has been providing for the Child.
5. This is a kinship adoption where the Applicant seeks to adopt her niece. The Applicant already holds lawful guardianship over the minor pursuant to a court order issued on 25 th July 2025 in MCCHMISC E169 OF 2025 .
6. The Child’s biological mother and biological father expressly gave their consent to the adoption. There are also written consents before the Court dated 24 th November 2025 executed before the Adoption Agency. The Child was declared free for adoption by Little Angels Adoption Society vide certificate No. 002612 dated 11 th December 2025.
7. During the hearing, the Child expressed a strong desire that the adoption be allowed. She identified the applicant as her second mother. She understood the nature of the adoption proceedings and conveyed that she was fully supportive of the process. The Child appeared well looked after, in good health, happy and comfortable.
8. The Applicant has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services, the adoption agency and the appointed Guardian ad Litem indicate that she is eligible to adopt.
9. Pending the hearing of the application before this Court, FOA was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the Applicant is a mature and stable individual who is able to provide financially for the Child and will ensure that the Child has every opportunity for education and development.
10. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County) states that the Applicant has met the requirements required for a local adoption as provided under law. They stated that as this is a kinship adoption, the Child will not lose her kinship ties.
11. The Applicant intends to relocate the Child to the UK as she believes that the Child will benefit enormously from the various opportunities in the UK. The urgency was conveyed by stating that the school semester starts in September 2026.
12. The Child is a Kenyan citizen by virtue of her Birth Certificate bearing serial number 0944128 and 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. SAA , the proposed legal guardian, gave her consent vide the affidavit dated 26 th May 2026 with the full understanding of the mandate. She is a Kenyan citizen by virtue of her National Identity Card.
14. 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 1 st 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;
(b) The best interests of the Child shall include, but shall not be limited to the considerations set out in the First Schedule.
(2) 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.
(3) 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.
c. 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; -
(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.
15. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County), the report from Little Angels Network, 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 parent.
16. I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life.
17. In the circumstances, I allow the Originating Summons dated 24 th February 2026 and amended on 10 th June 2026 and make the following orders:
(a) The Applicant herein FH is authorized to adopt the Child known as Baby FOM.
(b) Upon adoption, the Child shall be known as RO.
(c) SAA 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.
18. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 31st day of JULY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Ms. Kamanja, Advocate holding brief for Mr. Abdullahi Advocate for the Applicant