In re JJ aka MG (Baby) (Admiralty Cause E267 of 2025) [2026] KEHC 543 (KLR) (Admiralty) (23 January 2026) (Judgment) Neutral citation: [2026] KEHC 543 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) ADMIRALTY ADMIRALTY CAUSE E267 OF 2025 PM NYAUNDI, J JANUARY 23, 2026 IN THE MATTER OF THE CHILDREN’S ACT NO. 29 OF 2022 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY JJ AKA MG IN THE MATTER OF GM ........................................................................................................ 1ST APPLICANT LWG ..................................................................................................... 2ND APPLICANT JUDGMENT 1. Vide Originating Summons, dated 25th September, 2025 the Applicants herein seek the following orders, THAT:i. They be authorized to adopt the child currently known as Baby JJ aka MG. ii. If the adoption order is granted the said child is thereafter known as MG. iii. The child’s date of birth be declared to be 24th October, 2024 and his place of birth to be declared to be Lessos, Trans-Nzoia County. iv. The consent of the biological parents of the child be and is hereby dispensed since he was abandoned. v. GKG be appointed the Legal Guardian of the child in the event of death of the Applicants or incapacity of the Applicants, rendering them unavailable or incapable of taking care of the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/543/eng@2026-01-23 1
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vi. The Registrar General be directed to make the appropriate entries in the Adopted Children’s Register. vii. The child be declared a Kenyan Citizen. viii. The Office of Immigration be directed to issue the child with a Kenyan Passport reflecting the Applicant’s details. 2. This is a joint application where Applicants are Kenyan Citizen residing in Nairobi County. They are married couple as per annexed copy of marriage certificate serial Number 3xxx9. The 1st Applicant is a Supply Officer in KENHA while the 2nd Applicant is an Administrative Assistant Operations and Clerical Officer at the High Commissioner of Malaysia. They have sufficient family income, finances and assets to enable them take good care of the child. They do not have biological children. 3. They have had custody of the minor since 17th June, 2025. The minor is 1 year old. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible. 4. Baby JJ aka MG (a male minor herein) is presumed to have been born on 24th October, 2024, as per his birth notification serial number 5xxxx3. The Baby was found abandoned at Lessos Quarry on 24th October, 2024 by a Good Samaritan. The matter was reported at Maili Saba Police Station Vide OB No. xxxx2024. The child was referred to Kijana Wamalwa Teaching and Referral Hospital for medical examination and treatment. Thereafter, the child was placed at Mercy Rescue Trust for care and protection. Later the child was fully committed to the same facility by a Chief Magistrate’s Court sitting in Kitale on 23rd January, 2025 through Care and Protection Case Number E005 of 2025. On 25th February, 2025 a final police letter confirmed that no one had stepped forward to claim the child. 5. That after the Applicants made decision to adopt, they approached Kenya Children’s Homes. They were taken through the explanatory memorandum and there duly signed Certificate of Acknowledgement were obtained. Consequently, Committee sitting on 21st May 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 1089. Thereafter, the minor was placed with the Applicants for the mandatory bonding. 6. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. Sub County Children’s Officer, submitted a report dated 28th October 2025, recommending the adoption proceedings. The Guardian Ad Litem, also presented a report dated 9th November 2025, recommending the adoption. 7. Proposed Legal Guardian (GKG) a relative to the Applicants consented to be legal guardian. She understands what the role entails in the event circumstances demand, she will assume full parental responsibility. 8. The minor was present in Court, owing to his age he was not able to communicate. It was evident however that he has bonded well with the applicants. Determination 9. After carefully assessing the records herein, I am satisfied that the Applicants have 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- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/543/eng@2026-01-23 2
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(1) (2) (3) (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. 10. 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 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 Applicants have 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 abandoned at birth. This Court has satisfied itself that the Applicants are 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. 14. 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 Applicants, GM and LWG are hereby allowed to adopt Baby JJ aka MG. b. Henceforth, the child shall be known as MG. c. His date of birth shall be 24th October 2024, at Lessos, Trans-nzoia County. d. He is presumed to be a Citizen of Kenya by birth. e. GKG is hereby appointed as Legal Guardian of the child. f. The Registrar General to enter this order in the Adoption Children Register. g. The Registrar General to issue a Birth Certificate to the Child. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. The guardian ad litem is hereby discharged. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/543/eng@2026-01-23 3
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SIGNED, DATED AND DELIVERED IN VIRTUAL COURT ON THIS 23RD DAY OF JANUARY, 2026. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant. Nyanjiru for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/543/eng@2026-01-23 4
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