High Court 14631 of 2025

3. The applicant has been fostering the child since 24th November 2023 to date. She is a widow who lost her husband just as the adoption agency had started assessing them for adoption purposes. She stated that she makes a decent living through farming activities and her dressmaking business in Ena. She is confident that her home and income are comfortable to support the child once an adoption order is made. The Applicant’s Background 4. The applicant is a 52-year-old widow. She lives and works as a farmer and dressmaker in Embu County. Her husband died after 20 years of marriage in June 2023 following an illness. During their marriage, they did not have any biological children and before his death, her husband supported the idea of adopting a child. When the child was given up for adoption at the age of 3 months old, his mother was at the time a secondary school student. 5. The applicant understands her responsibility as an adoptive parent. She makes a cumulative income of Kshs 60,000/= every month from her dressmaking business and farming and she believes that with this income, she can comfortably care for the child. A home visit revealed that the applicant lives in a 3 bedroomed house in Kawanjara and the house is serviced with the necessary utilities. It has a fence and is safe for upbringing of the child. 6. The applicant understands her obligations as an adoptive parent and she is confident that she can give the child a decent life upon adoption. It appeared that the child had bonded very well with the applicant and he is comfortable living with the applicant. Background of the child 7. The child, a male, was given up for adoption by his birth mother who was still in secondary school and could not afford to take care of him due to financial instability. The birth mother stated that she also did not have a permanent place of abode and her family was not supportive. When consulted, her family was not keen on helping to raise the baby and that is when KKPI Adoption Society took up the matter and placed the child at Imani Children Home in April 2019. The child was later placed under the applicant’s care where he has lived to date. Guardian ad litem 8. The application by summons for adoption was accompanied by Chamber summons of even date seeking that WKK be appointed as Guardian ad litem. The application was allowed through an order of the court issued on 30th May 2025 and WKK was appointed Guardian ad litem in accordance with section 188(1) of the Children Act. The court also ordered that the secretary of Children’s services do file a home study report and the appointed Guardian ad litem file her report on MI. Report by the Guardian ad litem 9. In accordance with section 188(2)(b) of the Children Act, the Guardian ad litem filed a confidential report dated 14th July 2025 in court. In it, she confirmed her understanding of the case and highly recommended the applicant as an adoptive parent to the child. She stated that she had visited the applicant’s home and had observed that the child and the applicant have bonded well and they have a good relationship. She vouched for the applicant as an adoptive parent since she applicant understands her responsibility and obligation in that regard. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14631/eng@2025-10-15 2

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Report by the Secretary, Children Services 10. Section 184(4) of the Children Act requires that the Office of the Secretary of Children Services shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings. In compliance with this provision, a report dated 10th July 2025 was filed. The report stated that the applicant is financially stable and, following a home visit, it was established that she lives in a safe and comfortable home which is conducive for raising the child. The report also details that the applicant understands her obligations as an adoptive parent according to the Children Act. It was also noted that the child has bonded well with the applicant and that the applicant is committed to providing for the best interest of the child. Suitability of the applicant for adoption 11. Section 186(1) and (2) of the Children Act provides for persons who may adopt a child, as follows: “ (1) (2) 12. The Court may make an adoption order on application by— (a) a sole applicant; or (b) two spouses jointly. The Court shall not make an adoption order in any case unless— (a) the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and (b) the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.” The applicant fulfills the conditions set in these provisions since she is a sole applicant who is within the allowable age bracket, and is 25 years older than the child. She is also a Kenyan citizen; therefore, this is a local adoption. The Best interest of the child 13. A child’s best interests are of paramount importance in every matter concerning the child. This is the dictate of Article 53(2) of the Constitution. Section 4(2) of the Children Act also elevates the best interest of the child and provides: “ Despite subsection (1), a provision in another legislation on children matters may prevail if it offers a greater benefit in law to a child.” Report of the Child Adoption Society 14. Section 185(2) of the Children Act requires that an application for adoption be supported by a report of a duly registered adoption society. In this case, the KKPI Adoption Society filed a detailed report dated 11th July 2025 regarding Baby MI. It also availed a Certificate Declaring the child Free for Adoption in accordance with section 156(1) of the Children Act and the Adoption Regulations. These documents were presented in compliance with Section 187(2) and 185(4)(b) of the Children Act. 15. The circumstances of the case are that the child’s biological mother gave her up for adoption. The KKPI Adoption Society followed due process and obtained the biological mother’s consent in writing https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14631/eng@2025-10-15 3

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to enable adoption. The report recommended that it was in the best interest of the child to give him up for adoption. Conclusion and Disposition 16. The documentation presented in court regarding the adoption of Baby MI qualifies his adoption by the applicant. The applicant also meets all the legal requirements necessary to enable her to adopt the child. 17. In this court’s view, that it is in the best interest of the child that he be adopted by the applicant. 18. Accordingly, the prayers sought are granted as follows: 1. 2. This adoption is deemed to be a local adoption; 1. The applicant be and is hereby authorized to adopt Baby MI alias JM; 2. Hence forth, Baby MI shall be known as EK; 3. The Registrar General shall make the appropriate entry regarding the adoption of EK in the Adopted Children’s Register; 4. The Registrar shall issue to the applicant a certified copy of the entry pursuant to Order 4 herein in the Adopted Children Register, upon payment of the prescribed fee; 5. The child EK is presumed to be a Kenyan citizen born in Kenya; 6. The Guardian ad litem is hereby discharged; and 7. EW is hereby appointed Legal guardian of the child EK. Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 15TH DAY OF OCTOBER, 2025. R. MWONGO JUDGE Delivered in the presence of: 1. Ms. Njagi holding brief for Ms. Thuku for Applicant 2. Lucy Muthoni Applicant 3. Francis Munyao - Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14631/eng@2025-10-15 4

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