In re Adoption of IP & TW (Minors) (Adoption Cause E011 of 2023) [2025] KEHC 17011 (KLR) (17 November 2025) (Judgment) Neutral citation: [2025] KEHC 17011 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU ADOPTION CAUSE E011 OF 2023 JM NANG'EA, J NOVEMBER 17, 2025 IN THE MATTER OF ADOPTION OF I P & TW (MINORS) IN THE MATTER OF AW .............................................................................................................. APPLICANT JUDGMENT 1. Vide Originating Summons dated 31/08/2023 expressed to be brought pursuant to sections 183, 186 and 188 of the Children Act as well as section 3A of the Civil Procedure Act Chapter 21 of the Laws of Kenya, the Applicant prays for orders as hereunder as reducted by the Court; 1. That LWM be appointed as Guardian ad litem in this cause. 2. That the Applicant herein be authorized to adopt Baby IP, a Minor. 3. That the court does issue such further orders as may be deemed fit to meet the interests of justice. 2. The Application is supported by the Applicant’s affidavit evidence in which she expresses her desire to adopt IP and TW aged 5 months and 3 years or thereabouts respectively. They are in Play School stage of learning. The Applicant says she had been taking care of the children for 3 years preceding this Application. The Applicant, 38, further told the court that she does not have children of her own but states that she is capable of taking good care of the children. The children were said to have been abandoned and were taken to Haven Rescue Centre in Nakuru for care giving. 3. The appointed Guardian Ad Litem (LWM) who is the Applicant’s sister also testified and corroborated the Applicant’s evidence as to her suitability to adopt the subject children. She stated her readiness to assume custody of the child whenever circumstances so require. 4. The third witness is the Managing Trustee of Change Trust Adoption Society of Kenya. He told the court that the Minors had been abandoned. They interviewed the Applicant when she expressed https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17011/eng@2025-11-17 1
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her interest to adopt the children and found her suitable. The witness tendered his report dated 11th October 2024 for the court’s perusal. 5. The concerned Children Officer has not testified but his report regarding the children dated 24th April 2025 is filed. The Report recommends adoption as prayed. 6. Having perused the reports exhibited and evidence in respect of the Application, the Court’s duty is to determine if the Applicant is fit to adopt the subject children. Article 53 (2) of the Constitution provides that the child’s best interests are the paramount consideration in every aspect concerning the child’s welfare. This legal position is reiterated in Section 8 (1) of the Children’s Act 2022 which provides that: “ In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.” 7. This principle is underscored in Artilce (2) of the Geneva Declaration of the Rights of the Child (1924) as well as in Article 3 of the United Nations Convention on the Rights of the Child. The Kenyan courts in many cases including in Re B (Baby [2018] eKLR have given effect to this important principle by restating that the law is intended to protect and promote the welfare of children by according them stable family units under which to grow. Indeed Article 45(1) of the Constitution declares as follows: “ The family is the natural and fundamental unit in society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.” 8. Section 186 of Children Act provides inter alia that a sole Applicant aged between 25 and 60 years and more than 21 years older than the child qualifies for an adoption order. 9. The Minors in issue no doubt require parental care and guidance as well as provision of basic rights like food, shelter, clothing and education. I am satisfied that the Applicant has the requisite qualities and capacities to guarantee the child’s welfare as recommended. She therefore meets the requirements of the law and I will allow her to adopt the Minors. 10. The following orders accordingly issue;a. The Applicant is hereby authorized to adopt the subject children. b. The Registrar General is directed to enter this adoption order in the Adopted Children’s Register and issue a Certificate to that effect. c. That LWM is formally appointed as the Legal Guardian of IP and TW. JUDGEMENT DELIVERED VIRTUALLY THIS 17TH DAY OF NOVEMBER 2025. J. M. NANG’EA JUDGE. In the presence of: The Applicant, present Court Assistant, Jeniffer. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17011/eng@2025-11-17 2
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