In re EP aka REN (Baby) (Adoption Cause E302 of 2025) [2025] KEHC 18927 (KLR) (Family) (17 December 2025) (Judgment) Neutral citation: [2025] KEHC 18927 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E302 OF 2025 CJ KENDAGOR, J DECEMBER 17, 2025 IN THE MATTER OF THE CHILDREN’S ACT NO. 29 OF 2022 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY EP AKA REN IN THE MATTER OF MAN ........................................................................................................... APPLICANT JUDGMENT 1. Before this Court is an Originating Summons dated 29th October, 2025. The Applicant MAN is seeking to be authorized to adopt baby EP, hereinafter referred to as (“the child”). MAO to be appointed as the child’s legal guardian upon the granting of the adoption orders. 2. The Applicant is a single woman and a Kenyan citizen as evidenced by her national identity card. She operates as a freelance writer and businesswoman and her financial statements demonstrate her ability to provide for the child. Med ical records confirm that she is in good health and her Certificate of Good Conduct issued by the Directorate of Criminal Investigations shows that she has no criminal record. She explains that her motivation to adopt stems from a medical condition that may prevent her from having biological children and her wish to offer a needy child a permanent family, home and identity. The child has been under her care and custody since 23rd July, 2025. 3. MAO, the proposed legal guardian, is a friend of MAN. She informed the Court that she understands the responsibilities of legal guardianship and consents to assume the role. The child, who was presented before the Court via the online platform, was observed to appear happy and in good health. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18927/eng@2025-12-17 1
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4. According to the report from the State Department for Children’s Services (Kiambu County) dated 24th November, 2025, the child is 17 months old and is presumed to have been born on 2nd July, 2024. She is a Kenyan girl who was abandoned in Karioba Village, Kihatha Location, Nyeri County, on 6th July, 2024. The incident was reported at Kamakwa Police Station. Attempts to trace her parents or relatives have been unsuccessful and no one has since claimed her. The child was declared free for adoption on 16th July, 2025 by Kenya Children’s Homes Adoption Society vide freeing certificate No. 1099. 5. The child qualifies as a Kenyan citizen under Article 14 (1) of the Constitution, which stipulates that a person acquires citizenship by birth if, at the time of birth, either parent is a Kenyan citizen, regardless of the place of birth. 6. In light of the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010, Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1st Schedule 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 him. a. Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child. b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows; 1. 2. 3. c. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies: a. The best interests of the child shall be the primary consideration; b. The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule. All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to: a. safeguard and promote the rights and welfare of the child; b. conserve and promote the welfare of the child; and c. secure for the child such guidance and correction as is necessary for the welfare of the child, and in public interest. In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows: 1. The age, maturity, stage of development, gender, background and any other relevant characteristics of the child. 2. Distinct special needs (if any) arising from chronic ailment or disability. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18927/eng@2025-12-17 2
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3. The relationship of the child with the child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the child’s welfare. 4. The preference of the child, if old enough to express a meaningful preference. 5. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity. 6. The stability of any proposed living arrangements for the child. 7. The motivation of the parties involved and their capacities to give the child love, affection and guidance. 8. The child’s adjustment to the child’s present home, school and community. 9. The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the child and the other parent and/or guardian(s), including physical access. 10. The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in child care. 11. Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods. 12. The effect of the child if one parent/guardian has sole authority over the child’s upbringing. 13. The existence of domestic abuse between the parents/guardian (s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the child. 14. The existence of any history of child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the child. 15. Where the child is under one year of age, whether the child is being breast- fed. 16. The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act. Where there is a person residing with a parent or guardian, whether that person; She person had been an adult at the time of the offence, the person would have been convicted of a felony. 17. Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the child. 7. Reports from the State Department for Children’s Services (Kiambu County), Kenya Children’s Homes Adoption Society, the guardian ad litem and the proposed legal guardian confirm that the child is familiar to the Applicant and will receive proper care and custody under her guardianship. 8. I am satisfied that the Applicant has a genuine desire to adopt the child. She is suitable as an adoptive parent. 9. I am persuaded that the adoption will provide the child with enhanced prospects for education and a better quality of life within a loving and stable home. I am satisfied that a meaningful bond has already formed between the child and the Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18927/eng@2025-12-17 3
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10. 11. Based on the foregoing, I am satisfied that this adoption serves the child's best interests. As such, I do allow this application and make the following orders: a. The Applicant MAN is hereby authorized to adopt baby girl known as baby EP. b. Upon adoption, the child shall be known as REN. c. The child’s date of birth is hereby declared to be 2nd July 2024 and her place of birth is declared to be Kihatha, Nyeri County. d. The consent of the biological parents of the child is hereby dispensed with sice the child was abandoned. e. The child is declared a Kenyan Citizen. f. MAO is hereby appointed as the legal guardian of the child. g. The Registrar General is hereby directed to make the appropriate entries in the Adopted Children’s Register. h. The Office of Immigration is hereby directed to issue the child with a Kenyan Passport reflecting the Applicant’s details. i. The guardian ad litem is hereby discharged. It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 17TH DAY OF DECEMBER, 2025. .................................... C. KENDAGOR JUDGE In the presence of: Court Assistant: Beryl Anindo Advocate: Ms. Nyanjiru, Advocate for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18927/eng@2025-12-17 4
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