High Court 17436 of 2025

viii. The 2nd Applicant’s sister, DJC and her husband EKK, be appointed the legal guardians of the child in the event of the death or incapacity of the Applicants before the child is of age or independent. ix. The Court be pleased to make any further orders it deems necessary. 2. The Applicants are Kenyan Citizens residing in Nairobi County, they solemnized their marriage on 16th December, 2006 as per annexed copy of marriage certificate serial number xxx. They are in gainful employment hence financial stable to take good care of the child. That they have the desire to expand their family as well as to offer the child a loving and care home. Consequently, they have had custody for 10 months June, 2021. The minor is 2 years, 4 months old. They do not biological children. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible. 3. Minor herein AK alias Abandoned Unknown Child Alias Unknown Alias Abandoned Child Alias Unkown African Female Child presumed to have been born on 28th April, 2023. The child was found abandoned by Assistant Chief of Bahati Sub-Location on 6th May, 2023. The matter was reported at Bahati Police Post Vide OB Number xx/xx/xx/2023. Thereafter, the child was admitted to Nakuru Technical Referral Hospital for medical checkup, she was discharged and later temporarily placed at New Life Home Trust for care and protection. On 26th March 2024, the child was formally committed at the same facility pursuant to Court order issued by the Chief Magistrate Children’s Court at Nakuru vide Protection and Care File Number E 012 of 2023. That police issued a final letter dated 21st May, 2024 stating that the efforts to trace the child’s parents bored no fruit. 4. The Applicants approached Change Trust Adoption Society, they were taken through an Explanatory Memorandum they signed Certificate of Acknowledgment. Consequently, Change Trust Adoption Society, through their committee sitting held on 20th May 2022, confirmed that they had assessed the Applicants and found them suitable adoptive parents 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 xxx dated 10th November, 2024 and placed with the Applicants. 5. That all the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. A report dated 23rd September, 2025 from Mr. Njau, Sub-County Children’s Officer asserted that the Applicants have met all legal requirements for local adoption as stipulated in the Children Act 2022, also they are socially, mentally and financially stable, they are clear of any criminal claim as evidenced by police clearance certificates. The home environment was found to be conducive for the growth and development of the child thus Officer recommending the adoption process. Consequently, LVEG, Guardian Ad Litem, presented report dated 22nd September, 2025 in which during her home visit, she observed that the child has settled well with the Applicants. The Applicants are capable, responsible who can provide a stable, secure and filled with warmth providing a nurturing environment for the child continued growth and development hence recommending the Adoption proceedings. 6. Proposed Legal Guardians (DJC and EKK) are married couple residing in Machakos County. They are related with the Applicants in form of affinity. In addition, they consented to the adoption proceedings affirming that they understand the legal implications and they will assume full parental responsibilities in the event the Applicants are unable to discharge their responsibilities. 7. The Court interviewed the minor and it was observed strong bond between them and that she acknowledged the Applicants as her parents. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17436/eng@2025-11-28 2

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Determination 8. The Court may make an adoption order on application by(1) (2) (3) (a) Sole applicant; or (b) Two spouses jointly. The court shall not make an adoption order in any case unlessi. 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. 9. 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 & Banjul Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 10. 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 Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. They desire to expand their family as well as to offer the child a loving and care home cannot be disregarded. 11. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4) 12. 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.” This Court is therefore allow the application and orders as follows that; a. The Applicants, JNW and MJT are hereby allowed to adopt AK alias Abandoned Unknown Child Alias Unknown Alias Abandoned Child Alias Unkown African Female Child. b. Henceforth, the child shall be known as SAJ. c. She is presumed to be a Citizen of Kenya by birth. d. Her date of birth shall be 28th April, 2023 at Bahati, Sub Loc. e. DJC and EKK are hereby appointed as Legal Guardians of the child. f. The Registrar General to enter this order in the Adoption Children Register. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17436/eng@2025-11-28 3

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g. The Registrar General do 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 28TH DAY OF NOVEMBER, 2025. M. NYAUNDI JUDGE In the presence of;Fardosa Court Asisstant JNW and MJT in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17436/eng@2025-11-28 4

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