In re AWM (Adoption Cause E016 of 2025) [2025] KEHC 19267 (KLR) (5 December 2025) (Ruling) Neutral citation: [2025] KEHC 19267 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU ADOPTION CAUSE E016 OF 2025 DO CHEPKWONY, J DECEMBER 5, 2025 FORMERLY MILIMANI ADOPTION CAUSE NO E178 OF 2025) IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF AN ADOPTION APPLICATION OF BABY GREENFIELD BY AGNES WAIRIMU MAINA. RULING 1. Vide Originating Summons dated 10th June, 2025 under the provisions of Sections 183, 184 , 185, 186, 187, 194, 195 and 201 all of the Children’s Act, the Applicant seeks for orders:a. That the Applicant be authorized to adopt Abandoned Baby G AKA JK a minor who is to be known as Joseph Maina and the Register General be directed to enter this adoption into the Register of adoptions. b. That JW & JMN be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya. 2. The application is premised on the statement in support sworn by the Applicant herein on even date. The Applicant holds that she is Kenyan citizen holder of ID number 05XXXX65 , single woman who has never been married and with no biological child. She holds that due to her desire to have children, she made an application to KKPI Adoption Society seeking to adopt a child which was accepted. She states that she informed her immediate family members of her desire to adopt baby G aka JK and none of them have opposed the application. 3. The Applicant holds that she is aware of her responsibility once the adoption order is granted. She contends that she is a business lady who earns a decent income and is financially stable as indicated in her financial statements. The Applicant holds that she is a Christian and intends to raise the child in a Christian environment. The Applicant holds that she does not have any criminal record and she attached a copy of police clearance certificate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19267/eng@2025-12-05 1
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4. The Applicant holds that KKPI registered adoption society freed the child for adoption. That Mogra Rescue Centre placed the child under her custody on 9th November, 2022 and she has stayed with him for more three months. The Applicant holds that the adoption society informed her that the child was abandoned in a rubbish pit in Juja and was rescued by good Samaritan who reported the matter to Juja Police Station OB Number 13/3/7/2015. 5. The Applicant holds that the child was taken to Gachororo Health Centre by police officers by the police officers based in Juja Police Station and the health centre and was examined and a medical report dated 23rd June, 2015. The Applicant holds that the hospital wrote a letter dated 3rd July, 2015 to report the abandoned child and the child was admitted at Mogra Rescue Centre on 10th July, 2015 and it procured a birth certificate for him. The child was formally committed by the Chief Magistrate, Thika Law Courts vide Protection Case No. E229 of 2017. 6. The Applicant holds that after carrying out investigations it issued letter dated 11th May, 2021. She holds that she has bonded well with the child and she understands her responsibilities . She further maintains that she has not received any payment or reward in consideration for the adoption and she has no interests adverse to that of the child. She holds that the proposed legal guardians of the child in the event of her death or incapacitation before the child attains the age of majority. The Applicant urges the court to grant the adoption order. Analysis and Determination 7. Having read the Originating Summons, the Affidavit and the annexures, the court notes that the Social Inquiry Report dated 10th November, 2025 and filed on 11th November, 2025. The Probation Officer having conducted comprehensive social inquiry and home assessment stated that it has satisfied the requirements for prospective adoptive parents. That she is of sound mind, morally upright and emotionally prepared to assume full parental role for the child. The report thus recommended that the Applicant has met all legal requirements for adoption under Section 193 (1) of the Children Act. It thus recommended that it will be in the best interest of the child that adoption orders are granted to the Applicant and for the child’s name to change to Joseph Maina. 8. The court examined the Applicant who stated that she is a business lady, that she is not married and has no child of her own. She stated that she took the child in 2022 and he is currently in Grade 3 in a school in Juja. She holds that she is aware of her responsibility and is agreeable to all that and that her family too are agreeable. 9. The court examined the proposed legal guardian JW Maina who stated that he is aware of the adoption process by the Applicant to the child and he is aware of her role and he consents through letter signed on 10th June, 2025. 10. The Guardian Ad Litem in the report 8th November,2025 stated that she was appointed in the role and she undertook her responsibility . She stated that she visited the Applicant at her home and the baby and she recommended the adoption and provided the report of 8th November, 2025 where she states that it will be in the best interest of the child if the adoption is allowed. 11. The children Officer, Emmanuel Mbae stated that he prepared a report dated 10th November, 2015. He recommended the adoption process to proceed. 12. From the aforesaid analysis, I find that the Applicants have fulfilled the legal requirement necessary for the making of an adoption order under the Children’s Act and demonstrated that the prayers sought are in the best interest of the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19267/eng@2025-12-05 2
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13. Consequently, the court proceeds to grant the orders sought in the Originating Summons dated 10th June, 2025 as follows:a. That the Applicant A.W.M. is hereby authorized to adopt the child to be known as J.M. b. That J.K. and J.M.N. are hereby appointed as the joint Legal Guardians of the child in the event of death or incapacity of the Applicants before the child is of full age and fully self-reliant. c. That the child be and is hereby presumed to be a Kenyan citizen by birth. d. That the Director of Immigration is hereby authorized to issue the child with a Kenyan Passport. e. That the Registrar General is hereby ordered to make an entry of this adoption in the Adoption Children’s Register. f. The guardian ad litem, Pamela Mayikuba Shikhule be and is hereby discharged. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 5TH DAY OF DECEMBER ,2025. D. O. CHEPKWONY JUDGE In the presence of:M/S Ambaka counsel for Application Court Assistant – Sakina/Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19267/eng@2025-12-05 3
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