1. Before this Court is the application dated 11th January, 2025. The Applicants PLJ and RWWJ are seeking to be authorized to jointly adopt JIW a minor, hereinafter referred to as the child.
2. The Applicants are a married couple; the female Applicant is a Kenyan citizen, as evidenced by copies of the Kenyan National Identity Card and Passport, and the male Applicant is a British citizen, as evidenced by a copy of the United Kingdom Passport.
3. The female Applicant, RWWJ, is the child’s biological mother, as shown by the birth certificate.
4. The Applicants got married on 5th July, 2019 in Glasgow, Scotland, as evidenced by the extract of an entry in a register of marriages from the Registrar of Marriages in Scotland produced before this court. The applicants have two other children.
5. The male Applicant is a charity worker, and the female Applicant is a health systems manager; thus, their financial ability and capacity to provide for the child have been established.
6. Their health status is good, as is evidenced by their medical reports, and they do not have any previous criminal records, as is evidenced by the Certificate of Good Conduct issued by the Directorate of Criminal Investigations and the Certificate of Basic Disclosure issued in Scotland under Section 112 of the Police Act 1997.
7. They wish to formalize their parental relationship through kinship adoption, allowing the child to fully integrate into the family alongside their other children.
8. The Court conducted an interview with the child, who has been living in Kenya with his aunt and grandfather, both of whom were also interviewed. He indicated that he understood the adoption process and was enthusiastic about his parents adopting him together. He highlighted his positive relationship with his stepfather, PLJ, and pointed out that the applicants had informed him he would live with them full-time after the adoption was finalized. He has also provided his consent, dated 19th November, 2024, and confirmed to the Court that he consents voluntarily.
9. The report from the Ministry of Labour and Social Protection State Department of Social Security and Protection - Department of Children’s Services (Nairobi County) dated 17th March, 2025 indicates that the child is male and 17 years 10 months old having been born on 23rd April, 2007. He was born in Kuala Lumpur, Malaysia, to RWWJ, who is PLJ’s wife. There are no details regarding his paternity on his birth certificate. The child was declared free for adoption on 29th November, 2024 by Change Trust vide freeing Certificate Serial Number 00735.
10. JNW, the sister of the child’s mother, is the proposed legal guardian. She has been living with the child in Kenya alongside SW, and her interview demonstrated that she fully understands the adoption process and the role of a legal guardian. The child’s grandfather, SW, who has also been living with the child, indicated that the family has consented to the adoption, and he provided his consent dated 11th January, 2025.
11. The child is a Kenyan citizen 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.
12. 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 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 or 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.
13. The comprehensive report from the Ministry of Labour and Social Protection, specifically the State Department of Social Security and Protection - Department of Children’s Services (Nairobi County), along with the detailed findings from Change Trust, insights from the guardian ad litem, and the recommendations from the proposed legal guardian, all underscore a consistent conclusion: the child in question will receive optimal care and nurturing within the environment created by the adoptive parents.
14. The child is approaching the age of majority. He deserves the love and care of both Applicants as they seek to integrate him into the nuclear family.
15. This Court recognizes the significance of kinship adoption in this context, understanding that it fosters familial bonds and stability for the child. After considering all the evidence presented, this Court is satisfied that the present case firmly qualifies as a kinship adoption.
16. I am convinced that this adoption is not only in alignment with the Applicants’ desire to provide a nurturing environment to the child but also serves the best interests of the child by reinforcing a sense of security and belonging within a united family structure.
17. In the circumstances, I allow the Originating Summons dated 11th January, 2025 and make the following orders:
(a) The adoption orders are hereby issued for the Applicants RWWJ and PLJ to adopt the minor, JIW.
(b) JNW is appointed as the child’s legal guardian.
(c) The Registrar General to make the appropriate entries in the Adopted Children’s Register in respect of the child JIW.
(d) The Guardian ad litem is discharged.
It is so ordered.
DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT ONLINE PLATFORM ON 8TH APRIL, 2025
In the presence of:
Court Assistant: Beryl
Advocate: Ms. Mkarye holding brief for Mr. Morara Advocate for Applicants