Rkm & 1 other v Change Trust Adoption Society

f. Upon the making of the adoption order, the Registrar General do make an entry in the Adopted Children Register and the estimated date of birth of the child as 2nd September 2020 as provided for by Section 201 of the Children Act, 2022; and g. The costs of this application be costs in the cause. 2. The application is supported by the averments in the statement in support thereof, sworn on 4th June 2025. The applicants are adult Kenyan citizens born in 1975 and 1976, respectively. They have been married to each other since 2006 and are not blessed with biological children of their own; however, they have adopted one child, EKR, whose adoption was granted on 3rd September 2021. The motivation to adopt a Baby has been ignited by the desire to be parents and to have children of their own. Regarding their occupation, the applicants are a machine operator and a sales assistant, respectively. 3. The child is estimated to be born on 2nd September 2020, at Machakos General Hospital, to Diana Mwende James, who was the subject of a police investigation into child selling/traficking. The police apprehended Diana while she tried to exchange the child for some money in a public house in Mlolongo. The matter was reported at Mlolongo Police Station and was booked under Occurrence Book Number XXXX/2020. The mother was a 21-year-old who was looking for financial support and was willing to give up her child. The child was committed to the legal custody of the Mahali Pa Maisha Home by Mavoko Children’s Court vide Care and Protection Number 20 of 2020. 4. In its meeting held on 5th February,2021, the case committee of Change Trust Adoption Society declared the child free for adoption, and a Certificate S/No.00670 to that effect was issued. 5. RMM was on 17th July 2025 appointed as a guardian ad litem. The County Director of Children Services, Kilifi, and the guardian ad litem were directed to file their respective social inquiry reports within 30 days. 6. Preceding the hearing, the County Children’s Coordinator of Mombasa County filed his report dated 29th September 2025, recommending the adoption. The guardian ad litem filed her report on 15th September 2025, recommending the adoption. 7. During the hearing, the applicants presented six witnesses. 8. EMM was the first witness. Mr Njama, the managing trustee of Change Trust, told the court that his organization was recommending adoption and that it had also assessed and approved the applicants. They also declared the child free for adoption. 9. Ms CFC was the second witness. Ms Chengo, the proposed adoptive mother, told the court that she has been married to Robert since 2006, and she was willing to adopt the child herein as she wanted to have a child of her own. Further, she was aware that adoption is permanent and the Baby will have the right to inherit. She testified that they would guide the child appropriately and bring him up as a Christian. 10. Mr RKM, the proposed adoptive father, told the court that he has been married to Cecilia for more than ten years. He testified that their wish is to adopt Baby J. He further testified that he was aware that adoption is permanent and cannot be reversed. 11. RMM, the guardian ad litem, stated in her testimony that she visited the child and the proposed adoptive parents on three occasions. It was her evidence that the applicants have bonded well with the child. In her report, she recommended the adoption. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19579/eng@2025-11-11 2

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12. Ms Winifred Kambua Kaluku, the County Coordinator of Children Services, Kilifi, was the fifth witness. She testified that she visited the applicants and met the proposed adoptive mother and the child. She observed that they had bonded well. She also noted that the proposed adoptive father was very supportive. She too recommended the adoption. 13. I have considered the application herein, materials in support and evidence by various witnesses, and the issues that emerge for determination are: whether the Baby is available for adoption, whether the applicants are fit to adopt the Baby, and most importantly, whether the adoption is in the best interest of the child. 14. I have already set out the circumstances under which the child was rescued. The child was a victim of a failed child traficking attempt by the biological mother. 15. The child was placed with the applicants on 3rd April 2022, who have since played the roles of father and mother to him. He has been under their care since he was one year and six months old. The mother of the child disappeared after counselling intervention, and nobody has come forward to claim the child; therefore, the need for consent pursuant to Sections 186 and 187 is dispensed with. 16. Regarding the Baby’s nationality, it is clear that he was found in Mlolongo within the Republic of Kenya. Article 14(4) of the Constitution recognizes that a child who is less than 8 years of age, and whose nationality and parents are not known, is presumed to be a Kenyan citizen by birth. In view of this provision, the child herein is presumed to be a Kenyan citizen by birth. 17. In terms of age, the child is above 6 weeks and below 18 years, which provision falls within the age bracket of any adoptive Baby pursuant to Section 184 (1)(b) of the Children’s Act 2022. Further, Section 185 recognizes any child who is a resident of Kenya, whether born in Kenya or not, as eligible for adoption. I have no doubt the child is fit for adoption. 18. Concerning the applicants’ suitability, they are Kenyan citizens aged 50 and 47 years respectively, which places them under the age bracket of not less than 25 years or more than 65 years for an adoptive parent in compliance with Section 186 of the Children’s Act. The applicants have been described as financially stable, as they are respectively a machine operator and a teacher, with average net pay of Kes.30,000/and Kes. 81,000/-, respectively. 19. They have been described as a caring, loving Christian couple with no criminal record. Since the minor was placed in their custody, the child has fully bonded. They also understand the consequences of adoption and that it is permanent. They appreciate the role of a parent and admit they will treat the Baby as if it were their biological child. 20. Consequently, I have no doubt that they have met the necessary requirements to adopt the Baby. I am guided by the case of In re GW (Baby) [2021] KEHC 1220 (KLR), where the court stated that:“ The Court finds that it is in the best interests of the child to make the adoption order; that the Applicants are suitable, qualified and able adoptive parents who understand the nature of the adoption process and agree to give effect to the child’s ensuing rights; and that the child and the Applicants have bonded well as a family together with the Applicants’ own biological children, and the Applicants’ extended family and friends support the adoption.” 21. On the question of whether the adoption is in the best interests of the Baby, I am guided by Article 53(2) of the Constitution and Section 8(1) and (2) of the Children’s Act 2022, which underscores the best interests of a child principle as the primary consideration before making any decision concerning a Baby. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19579/eng@2025-11-11 3

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22. The child herein needs necessities like food, shelter, education, and clothing. He has fully integrated with the applicants. It is clearly in the child's best interests that this adoption application be allowed. I am guided by the case of In re AA (Child) [2021] KEHC 9294 (KLR), where the court stated that: “ Article 53 (2) of the Constitution emphasizes that the best interest of the child is paramount. The child will have a family and a home if the orders are granted. The applicants are willing and ready to give parental guidance and a loving home and family to the child.” 23. Accordingly, the application is allowed with orders that: a. Baby JKJ, aka JJ, is hereby declared a Kenyan citizen by birth; b. The consent of biological parents or guardians is dispensed with; c. The applicants are authorized to adopt Baby JKJ, aka JJ, who shall henceforth be known as JYR; d. SKC and MJ are hereby appointed legal guardians of JYR in the event that the applicants die or are otherwise permanently unable to take care of him before he attains the age of majority; e. The Registrar General is hereby directed to make an entry in the Adopted Children Register recording the adoption and the estimated date of birth of the child as being 2nd September 2020; f. The guardian ad litem is discharged. DATED AND SIGNED AT MOMBASA, THE 11TH DAY OF NOVEMBER 2025. DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS. GREGORY MUTAI JUDGE In the presence of: Ms Ngugi, for the Joint Applicants; and Arthur – Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19579/eng@2025-11-11 4

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