In re PC aka PN (Minor) (Adoption Cause E278 of 2025) [2026] KEHC 520 (KLR) (Family) (23 January 2026) (Judgment) Neutral citation: [2026] KEHC 520 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E278 OF 2025 PM NYAUNDI, J JANUARY 23, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 IN THE MATTER OF BABY PC AKA BABY PN IN THE MATTER OF EKM ............................................................................................................ APPLICANT JUDGMENT 1. Vide Originating Summons, dated 8th October, 2025 the Applicant herein seeks the following orders, That:i. She be authorized to adopt Baby PC aka Baby PN a minor who is to be known as MASM and the Registrar General be directed to enter this adoption into the Register of Adoptions. ii. KNM and CGM be appointed as the Legal Guardians of the child. iii. The Director of Immigration be authorized to issue a passport to the child. iv. The child be presumed to be born in Kisumu County in the Republic of Kenya. 2. The Applicant is a Kenyan Single woman residing in Nairobi County. She is a nurse by professional and also a business lady thus capable of taking good care of the child. She does not have biological children reasons beyond her control. 3. She has had custody of the minor for 5 months. The minor is 4years old. She understands the implications of the adoption order, she is aware That the child will have full rights as would a biological child and the order is not reversible. 4. Baby PC alias Baby PN (a male minor herein) is presumed to have been born on 5th June, 2021 at Helpers Clinic by PN then a student at [Particulars Withheld] University. The child is 4 years old. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/520/eng@2026-01-23 1
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The biological mother ofiered the child for adoption to Imani Children’s Home as she cited financial constraints as she had another child aged one and a half years old she was raising on her own. The child’s biological mother’s consent was obtained, Social Inquiry Form for the mother as well as committal documents were obtained. 5. Thereafter, the child was placed at Imani Children’s Home Adoption Society for care and protection. On 7th January, 2021 the child was committed to the same facility pursuant to Court Order issued by the Children’s Court sitting in Nairobi through Care and Protection Case Number E 675 of 2021. The child remained at the home as a child in need of an alternative family. That the child’s biological mother has never come back to claim the child. 6. That the Applicant’s desire to adopt the minor is driven by the fact That she has always desired to have children of her own but due to reasons beyond her control, she opted to adopt thus approaching the KKPI Adoption Society seeking to adopt the minor. She was taken through an explanatory memorandum. The Society, through their committee sitting on 29th January 2024, confirmed That they were satisfied That the child is available for adoption and That would be in the child’s best interest and therefore declared the child free for adoption vide Freeing certificate serial Number 0xxx3. The child was placed under the care of the Applicant on 21st June, 2025 for bonding pending adoption. 7. All the Statutory Reports That have been filed in respect of the proposed adoption of the child by the Applicant have recommended That this Court allows the Applicant to adopt the child. A report dated 17th November, 2025 from the Assistant Director Children Service, recommends the Adoption Proceedings as well as report dated 12th November, 2025 from Guardian Ad litem. 8. Proposed Legal Guardians KNM AND CGM who are nephew and niece to the Applicant consented to be legal guardians. They are willing to assumen full parental responsibility in the event the applicant is incapacitated. The minor was also interviewed by Court and noted the minor was very jovial and has evidently bonded well with the applicant. Determination 9. After carefully assessing the records herein, I am satisfied That the Applicant has fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by(1) (2) (3) 10. (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. 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/520/eng@2026-01-23 2
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Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 11. 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 ofiered for adoption by her biological mother. The Court observed That the child was comfortable with the Applicant. This Court has satisfied itself That the Applicant is qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. 12. Article 14 (4) of the Constitution of Kenya 2010 provides That: “ (4)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.” 13. This Court is therefore of the opinion That this Adoption would be in the best interest of the child and allows the application with ORDERS That; a. The Applicant, EKM is hereby allowed to adopt Baby PC alias Baby PN. b. Henceforth, the child shall be known as MASM. c. His date of birth shall be 5th JUNE, 2021 in Kisumu County. d. He is presumed to be a Citizen of Kenya by birth. e. KNM AND CGM are hereby appointed as Legal Guardians of the child. f. The Director Immigration is authorised to issue the child with a Kenyan Passport. g. The Registrar General to enter this order in the Adoption Children Register and issue the child with the requisite certificate of birth. h. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 23rd DAY OF JANUARY, 2026. P. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant. Wairimu for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/520/eng@2026-01-23 3
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