High Court 16822 of 2025

7. The child, LR, was born around 18th February 2019. She was abandoned at Eluwesero Centre, Kakamega County, by unknown persons. The matter was reported at Kakamega Police Station OB/ XX/19/02/2019. A letter dated 21st August 2024 from Kakamega Police Station confirms that efiorts to trace her parents or relatives were unsuccessful. 8. Pursuant to a letter from Kakamega Sub-County Children’s Office dated 19th February 2019, the minor was placed at Divine Providence Children's Home where she remained under care and protection. 9. The child was declared free for adoption by Kenyans for Kenyans Peace Initiative Adoption Society, through certificate No. XXXX dated 28th August 2024, in compliance with section 185 of the Children Act, 2022. Section 185 of The Children Act Cap 141: Children who may be adopted. (1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya 10. The following reports were presented: a. Consent to act as Guardian ad Litem dated 13th May 2025, supported by an affidavit of fitness. b. Adoption Society's Report recommending the applicants. c. Children’s Officer Assessment Report, confirming interviews with the applicants and the child, home visits to the applicants’ residence, and affirming no objection to the adoption. d. Referee report dated 18th June 2021 attesting to the Applicants’ character. 11. The Guardian ad Litem and the Director of Children Services both recommend the adoption, stating that the child has bonded well with the Applicants and is thriving under their care. 12. Regarding the baby’s nationality, it is clear the baby was found abandoned in Kakamega town within the Republic of Kenya. The Constitution article 14(4) recognize that a child who is less than 8 years of age, and whose nationality and parents are not known, is presumed to be a Kenyan citizen by birth. In view of this provision, the child herein is presumed to be Kenyan citizen by birth. This was held In re Adoption of Abandoned Child alias Abandoned baby Girl alias H alias I alias MH (Child) (Adoption Cause 7 of 2021) [2022] KEHC 10716 (KLR) (3 June 2022) that: “ The subject child is above 6 weeks and below 18 years which age falls within the age bracket of any adoptive baby pursuant to section 156 of the children’s Act. Further, section 157 does recognize any child who is resident in Kenya whether born in Kenya or not to be eligible for adoption. I have no doubt the child is fit and qualifies for adoption.” 13. In regard to the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010 and Sections 8 (1), (2) and (3) 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 as outlined in Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child. This was pronounced in the case of MAA v ABS [2018] eKLR, where it was held that: “ .... While considering this matter, this Court is alert to the welfare of the children herein who are of tender years. The matter is not about the applicant/appellant and the respondent; and their interests are secondary to those of the child. The foregoing provisions require https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16822/eng@2025-11-18 2

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this Court to treat the interests of the child as the first and paramount consideration and must do everything to inter alia safeguard, conserve and promote the rights and welfare of the child herein. Acting in the best interest of the children in question. This Court has examined the application in light of the relevant provisions of the Children’s Act, 2022, and the accompanying documentation.” 14. Section 194(1)(g) and (h) requires that both the child and applicant be assessed by a registered adoption society, the report be delivered to court, and that the registered council certify the child as free for adoption. The child was declared free for adoption by Kenyans for Kenyans Peace Initiative Adoption Society. 15. Section 186(2)(a) provides that the applicant must have attained the age of 25 years but not above 65 years, and Section 186(2)(b) requires that the applicant be at least 21 years older than the child. The applicants have satisfied this criteria. This was held in the case of re Baby JA (Adoption Cause 1 of 2019) [2023] KEHC 18707, the court held that: “ the court is required to assess the suitability of the adoptive parents and in this case the applicants are Kenyan citizens thus qualifying the adoption to be a local one. They are 49 and 45 years respectively which places them under the age bracket of not less than 25 years or more than 65 (section 158 of the Children Act).” 16. Section 185(4)(a) and (b) requires that a child capable of being adopted must be an orphan or a child whose identity or whereabouts of the parents or guardians are unknown. The evidence adduced shows the child was abandoned and no claimants have appeared since 2019 hence, the child qualifies for adoption. 17. Having reviewed all the documents and reports filed, and having interviewed the Applicants, the court is satisfied that: a. The Applicants meet the legal requirements for adoption under the Children Act, 2022. In that regard, am guided by the holding in the case of In re JNA[2018] eKLR where the court held: “ I have perused the entire record and find that the applicants meet the social parameters that are considered relevant to their taking on parental responsibility and custody of the child in this matter, on a permanent basis as would be conferred by the adoption order sought.” b. They are financially and emotionally capable of raising the child. c. The child has lived with the applicants for the statutory period demanded by Section 185(2) (a) of the Children’s Act, and has fully bonded with them. Section 185(2)(a) of the Children’s Act provides that the child must have been in the continuous care and control of the applicant for at least three consecutive months preceding the filing of the application. d. The child was lawfully declared free for adoption. e. No biological parent or relative has come forward since the abandonment in 2019. f. The adoption is in the best interests of the child. Orders 18. Accordingly, the court makes the following orders: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16822/eng@2025-11-18 3

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a. The originating summons dated 13th May, 2025 is hereby allowed. b. The Applicants, JK and PS, are hereby authorized to adopt the child known as LR. c. The child shall henceforth be known as LRS. d. The Registrar-General is directed to enter this adoption in the Adopted Children Register in accordance with the Children Act. e. The Guardian ad Litem is hereby discharged. f. No orders as to costs. g. File closed. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 18TH DAY OF NOVEMBER, 2025. S.MBUNGI JUDGE In the presence of:CA: Angong’a Ms. Mukolwe for the Applicant present. Applicant present. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16822/eng@2025-11-18 4

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