High Court 19268 of 2025

hospital by one George Mwangi of phone number 0740xxx189 on 21st November, 2023 in the same hospital at the Postnatal ward. 3. The child abandonment was reported at Thika Police station under OB Number 73/21/11/2023. The child remained in the hospital until 15th December, 2023 when he was discharged and admitted at Macheo Children Home as per the Discharge Summary and Baby Admittance form both dated 15th December, 2023 ( EXB PW-JM 3) and the medical reports indicate that the child is of good health and has received all immunizations. 4. On 6th February, 2024, the child was formally committed to the Macheo Children’s Home vide an order issued by the Children’s Court at Thika under the Protection and Care No E010 of 2024 (Exhibit PW-JM 5). 5. The police issued a letter dated 20th August, 2024 showing investigations to trace the mother have been futile and the child, was declared free for adoption by the Kenya Children’s Home Adoption Society and Macheo Children’s Home consented to the adoption of the child. 6. The Applicants state that they have had the care and control of the child for more than 3 months. That they are Kenyan citizens of national identity cards No 23XXXX02 and 22XXXXX3 respectively and have been married under Kikuyu Customary law since 2012 and they registered their marriage on 25th August, 2023 That they are employed as Pharmaceutical Technologist and Clinical officer hence have sufficient income, finances and assets to enable them take good care of this child. (Exhibits PW-JM 12 – copies of bank statements, payslips and title deed. They hold that they have been examined and found to be medically fit to parent the child as indicated in the medical reports PW- JM 13. 7. The Applicants also confirms that they have never been charged or convicted for any criminal ofience or any ofience as set out in the Third Schedule of the Children Act as per their Certificates of good conduct marked PW-JM 14. 8. The Applicants goes on to contend that they have assumed financial responsibility for the child’s medical care, education and general upkeep of the child given that they live in a comfortable home suitable for his development and that they have also bonded well with him. 9. The Applicants hold that they have proposed the Legal Guardians JNG and JWM. They hold that they have not received nor agreed to receive any payment or reward in consideration of the adoption and neither have they made another application for adoption of this child and they pray that an adoption order be issued. Analysis and Determination 10. Having read the Originating Summons, the Affidavit and the annexures, the court notes that the social inquiry Report dated 28th August, 2025 and filed on 28th October, 2025. The Probation Officer recommended that the Applicants have demonstrated committed and love and ability to provide for the child financially and that they have met all legal requirements for adoption under Section 193 (1) of the Children Act. That the adoption will formalize their parental responsibilities and provide him with safe and conducive environment for his development. It thus recommended that it will be in the best interest of the child that adoption orders are granted to the Applicants and for the child’s name to change to EMW. 11. The court notes that the Applicants have presented copies of their payslips and Bank Statements to demonstrate and confirm their financial capability and stability to take care of the said child. There https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19268/eng@2025-12-05 2

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are police clearances which show the Applicants do not have criminal record. There are also Medical Reports for both child and Applicant which show they all medically fit. 12. The court notes too the Guardian Ad Litem’s Report filed on 7th October, 2025 where the observation and recommendations were that the child has bonded well with the prospective parents, he is clean and well fed, is able to communicate well with the parents and looks comfortable. She stated that the adoptive parents seem capable to raise the child and she has no objection to the adoption orders being granted Applicant. 13. The court on 12th November, 2025 examined the Applicants and established that they have complied with the legal and financial requirements. It further examined the legal guardians who indicated that they understand their role and they consent to their appointment. 14. The court also heard a representative of the Kenya Children’s Home Adoption Society who stated that the Applicants have been assessed and were found to be suitable. She further stated that the child was declared free for adoption and serial number 1016 was issued. She further stated that report dated 30th July, 2025 which recommended the adoption which the court has read and seen the same. 15. 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. 16. Consequently, the court proceeds to grant the orders sought in the Originating Summons dated 30th April, 2025 as follows:a. That the Applicants P.W.M. and J.M.N. are hereby authorized to adopt the child to be known as E.M.W. b. That J. N. G and J.N.M 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 Mercy Njoki Muiruri 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 Nelima Walubengo counsel for the Applicants. Court Assistant – Martin/Sakina HCC ADOPTION CAUSE NO.E010 OF 2025 RULING - Page 7 of 7 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19268/eng@2025-12-05 3

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