IN THE MATTER OF THE CHILDREN ACT, 2022
AND
IN THE MATTER OF RAM, A MINOR
AND
IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION
1. Before this Court is the application dated 23 rd April, 2026 . The Applicants IMS and AM are seeking to be authorized to adopt Baby RAM hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as RAMS. ZS is nominated for appointment as the Child’s legal guardian upon the granting of the adoption orders.
2. The 1 st Applicant is a Kenyan citizen, while the 2 nd Applicant is a citizen of Uganda, as evidenced by their Passports and National Identity Card. The Applicants are married, as evidenced by their marriage certificate, license number 121772.
3. The female Applicant is an employee of E.A., Dubai while the male Applicant is self-employed. They have presented their financial statements in support of the application.
4. The female Applicant is the biological mother of the Child. Together, they have two biological Children. The family has undergone background checks and reports from Little Angels Adoption network indicate they are eligible to adopt. They have indicated that they would like to legalise their relationship through adoption to enable the Child to become a complete member of the family.
5. As per the Child’s birth certificate, he was born in Dubai, United Arab Emirates. The Child’s biological father , GM, has consented to the adoption.
6. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 29 th May, 2026 indicates that the adoption is a kinship adoption. The Child is being adopted by his stepfather.
7. The Child was declared free for adoption vide certificate serial number 002649 issued on 31 st March, 2026.
8. Pending hearing of the application before this Court, LMA was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the adoption is in the best interests of the Child.
9. ZS, the proposed legal guardian, is the 1 st Applicant’s brother, who also lives and works in Nairobi.
10. 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 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;
(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.
11. Section 186 (6) (f) of the Children’s Act further provides:
(6) The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant or joint applicants, or any of them—
(f)is a foreign applicant except where the applicant is a biological relative of the Child.
12. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the report from the Adoption Agency, 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 Applicants.
13. I am convinced that this adoption is in the Child’s best interests.
14. In the circumstances, I allow the Originating Summons dated 18 th February, 2026 and make the following orders:
(a) The Applicants, IMS and AM, are authorized to adopt the Child known as RAM.
(b) Upon adoption, the Child shall be known as RAMS.
(c) ZS is appointed as the legal guardian of the Child.
(d) The Child not been a Kenyan Citizen, the Applicants are at liberty to make the relevant applications under Article 15 (3) of the Constitution of Kenya, which will ultimately be considered by the responsible public authority.
(e) The guardian ad litem is hereby discharged.
15. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 25 th day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
ADOPTION CAUSE E089 OF 2026 JUDGMENT2
AND
IN THE MATTER OF RAM, A MINOR
AND
IN THE MATTER OF AN APPLICATION FOR KINSHIP ADOPTION
1. Before this Court is the application dated 23 rd April, 2026 . The Applicants IMS and AM are seeking to be authorized to adopt Baby RAM hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as RAMS. ZS is nominated for appointment as the Child’s legal guardian upon the granting of the adoption orders.
2. The 1 st Applicant is a Kenyan citizen, while the 2 nd Applicant is a citizen of Uganda, as evidenced by their Passports and National Identity Card. The Applicants are married, as evidenced by their marriage certificate, license number 121772.
3. The female Applicant is an employee of E.A., Dubai while the male Applicant is self-employed. They have presented their financial statements in support of the application.
4. The female Applicant is the biological mother of the Child. Together, they have two biological Children. The family has undergone background checks and reports from Little Angels Adoption network indicate they are eligible to adopt. They have indicated that they would like to legalise their relationship through adoption to enable the Child to become a complete member of the family.
5. As per the Child’s birth certificate, he was born in Dubai, United Arab Emirates. The Child’s biological father , GM, has consented to the adoption.
6. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 29 th May, 2026 indicates that the adoption is a kinship adoption. The Child is being adopted by his stepfather.
7. The Child was declared free for adoption vide certificate serial number 002649 issued on 31 st March, 2026.
8. Pending hearing of the application before this Court, LMA was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the adoption is in the best interests of the Child.
9. ZS, the proposed legal guardian, is the 1 st Applicant’s brother, who also lives and works in Nairobi.
10. 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 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;
(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.
11. Section 186 (6) (f) of the Children’s Act further provides:
(6) The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant or joint applicants, or any of them—
(f)is a foreign applicant except where the applicant is a biological relative of the Child.
12. The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the report from the Adoption Agency, 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 Applicants.
13. I am convinced that this adoption is in the Child’s best interests.
14. In the circumstances, I allow the Originating Summons dated 18 th February, 2026 and make the following orders:
(a) The Applicants, IMS and AM, are authorized to adopt the Child known as RAM.
(b) Upon adoption, the Child shall be known as RAMS.
(c) ZS is appointed as the legal guardian of the Child.
(d) The Child not been a Kenyan Citizen, the Applicants are at liberty to make the relevant applications under Article 15 (3) of the Constitution of Kenya, which will ultimately be considered by the responsible public authority.
(e) The guardian ad litem is hereby discharged.
15. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 25 th day of JUNE, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
ADOPTION CAUSE E089 OF 2026 JUDGMENT2