In re Baby BA (Adoption Cause E118 of 2025) [2025] KEHC 13307 (KLR) (Family) (26 September 2025) (Judgment) Neutral citation: [2025] KEHC 13307 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E118 OF 2025 PM NYAUNDI, J SEPTEMBER 26, 2025 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE AMTTER OF BABY BA IN THE MATTER OF JMN ............................................................................................................ APPLICANT JUDGMENT 1. 2. Vide Originating Summons, dated 28th April, 2025 the Applicant herein seeks the following orders, that:i. She be authorized to adopt Baby BA, a minor who is to be known as EMM. ii. The Registrar General be directed to enter this adoption into the Register of Adoptions. iii. NGN be appointed as the Legal Guardians of the child. iv. The child be presumed to be born in Kenya. The Applicant is a Kenyan Citizen residing in Makueni County. She was married to her late husband in the year 2009 where there were blessed with one daughter namely EMM who is 14 years old. The Applicant is in gainful employment whereby she is a Teacher by profession. She has means to provide for the child. Her desire to adopt the child is driven by the fact that she want to grow her family and to have a child whom she can love, nurture and share her life with and be part of her family. She has had custody for 7 months. The minor is 7 years 1 month old. The Applicant understands the implications of the adoption order, she is aware that the child will have full rights as would a biological child and the order is not reversible. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13307/eng@2025-09-26 1
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3. Baby BA (Abandoned baby boy) minor herein presumed to have been born on 30th June, 2018. He was found abandoned by a good Samaritan on 27th June, 2020 at Lumino Estate in Nabongo location, Mumias at around 21:00hrs. The matter was reported at Children Office at Mumias Vide Case Number 204/290/2020. Subsequently, the matter was also reported to Mumias Police Station Vide OB Number 27/30/06/2020. That on 30th June 2020, the child was temporarily placed at Mumias Kids Centre for care and protection pending investigations of the child’s parents. 4. Consequently, the child was formally committed at Mumias Kids Centre pursuant to Court order issued by Senior Principal Magistrate, Mumias on 27th January 2022, under P&C Case Number E002 of 2022. That on 17th January 2022, Mumias Police Station issued a final police letter confirming that none had claimed the child as well as Mumias Kids Centre report stated that no relative had turned up to claim the child. 5. That on 19th April, 2024 the Applicant approached the Buckner Kenya Adoption Services for assistance, the assessments was made. Thereafter, Buckner Kenya Adoption Services, through their committee sitting on 18th October, 2023 confirmed that they had assessed the Applicant and found her suitable adoptive parent and further that the adoption would be in the child’s best interest therefore declared the child free for adoption vide freeing certificate Serial Number 0864 as pursuant to Section 156 (1). 6. A report from Buckner Kenya Adoption Services dated 5th June 2025, filed in respect of the proposed adoption of the child by the Applicant has recommended that this Court allows the Applicant to adopt the child. Another positive Report from County Coordinator for Children Services, Thomas K. Mulwa dated 23rd July 2025 through his visit he observed that the child has bonded well with the Applicant and her family, the support from the families, the Applicant is socially, emotionally and financially able to take care of the child. The Applicant has met all legal requirements for local adoption as stipulated in the Children Act 2022. The Applicant is clear of any criminal claim as evidenced by police clearance certificate number PCC-PKSW45NLD therefore, recommending the adoption process. 7. Guardian ad litem, AMM, presented report dated 18th July, 2025 in which during her visit, she observed the child was in good health, happy, well cared for and has bonded well with the Applicant. The child has a loving home thus recommending the adoption process. 8. Proposed Legal Guardians (NGN) testified in Court that the Applicant is her sister. He is married and have one child aged 2 months. He consented to be the legal guardian for the minor. He understands the legal implications and he will assume full parental responsibilities in the event the Applicant is unable to discharge her responsibilities. Determination 9. After carefully assessing the records herein, I am satisfied that the Applicant has fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by(1) (2) (a) Sole applicant; or (b) Two spouses jointly. The court shall not make an adoption order in any case unless- https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13307/eng@2025-09-26 2
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(3) i. the applicant has attained the age of twenty-five years, but is not above the age of sixtyfive years; and ii. The applicant, or both of the applicants in a joint application, is more than twentyone years older than the child. The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child. 10. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. The Court is conscious of the law; Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 11. The Court has evaluated the facts of this Local Adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a Local Adoption as required under Section 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. 12. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4)A child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by Birth.” 13. This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with orders that; a. The Applicant, JMN is hereby allowed to adopt Baby BA. b. Henceforth, the child shall be known as EMM. c. His date of birth shall be 30 th June, 2018. d. He is presumed to be a Citizen of Kenya by birth. e. NGN is hereby appointed as Legal Guardian of the child. f. The Registrar General to enter this order in the Adoption Children Register. g. The Registrar General is authorised to issue the child with Birth Certificate. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 26 TH DAY OF SEPTEMBER, 2025. P. M. NYAUNDI JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13307/eng@2025-09-26 3
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Fardosa Court Clerk Ms. Adhiambo holding brief for Muranga for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13307/eng@2025-09-26 4
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