In re Baby LH aka Baby II (Adoption Cause E246 of 2025) [2026] KEHC 562 (KLR) (Family) (23 January 2026) (Judgment) Neutral citation: [2026] KEHC 562 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E246 OF 2025 PM NYAUNDI, J JANUARY 23, 2026 IN THE MATTER OF BABY LH AKA BABY II IN THE MATTER OF JMN ...................................................................................................... 1ST APPLICANT RWC .................................................................................................... 2ND APPLICANT JUDGMENT 1. Vide Exparte Originating Summons, dated 1st September, 2025 the Applicants herein seeks the following orders, That:i. They be authorized to adopt baby LH aka baby II a minor who is to be known as LJM and the Registrar General be directed to enter this adoption into the Register of Adoptions. ii. LKT be appointed as the legal guardians of the child. iii. The child be presumed to have been born in Kenya. 2. This is a joint application by the Applicants who are Kenyan Citizen. They are legally married as per the annexed Marriage Certificate Serial Number 5xxxx4. They both engage in business in Nairobi hence are financially stable and able to take good care of the child. They do not have biological children due to reasons beyond their control. 3. The Applicants’ motivation to adopt stems from their desire to provide the child with a home, identity, care and protection. They understand the legal implications of the adoption order as they are aware that the child will have full rights as would a biological child and the order is not reversible. The child is 3 years old. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/562/eng@2026-01-23 1
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4. baby LH aka baby II (a male minor herein) is presumed to have been born on 18th March, 2022 at Agha Khan Clinic Thika Road. That on 18th March 2022, the child was transferred to Kenyatta National Hospital where the biological mother abandoned him. A report was made at Kenyatta Police Station vide OB Number xx/xx/2022. On the same day, the child was referred to Hope House Babies Home for care and protection. Subsequently, Children’s Court sitting in Nairobi committed the child to the same Children’s Home Vide P&C File No. E 614 of 20232. A police letter confirmed that efiorts to trace the mother and relatives were futile. 5. That after the Applicants made decision to adopt, they approached KKPI Adoption Society. They were taken through the explanatory memorandum and they duly signed Certificate of Acknowledgement. The Committee sitting on 24th September 2019, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 0993. Thereafter, the minor was placed with the Applicants for the mandatory bonding on 23rd November, 2023. 6. KKPI Adoption Society submitted report in respect of the proposed adoption of the child by the Applicants recommending the adoption. 7. A favourable report dated 18th November, 2025 from Children’s Officer states that there is a strong bond between the Applicants and the minor, the Applicants are socially stable and able to take good care of the child. The Applicants are clear of any criminal record as evidenced by Certificates of Good Conduct annexed PCCxxxxP3 and PCCxxxxLO. The Officer averred that the Applicants has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process. Another report dated 29th October, 2025 from Guardian Ad litem recommends the Applicants to adopt the child. 8. LKT a relative to the Applicants consented to be appointed Legal Guardian in the event the Applicants are unable to discharge their responsibilities as he will assume full parental responsibility according to adoption orders. 9. The Court also interviewed the minor and it was evident that the minor recognized the Applicants as his parents. Determination 10. 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(1) (2) (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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/562/eng@2026-01-23 2
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(3) 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. 11. 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. 12. 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. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents signed by Applicants for this Adoption have been filed. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. The Court observed that the child was comfortable with the Applicants. 13. 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.” 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 Ordersthat; a. The Applicants, JMN and RWC are hereby allowed to adopt baby LH akababy I I. b. Henceforth, the child shall be known as LJM. c. His date of birth shall be 18th March, 2022 at Agha Khan Clinic Thika Road d. He is presumed to be a Citizen of Kenya by birth. e. LKT 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 in respect of the child. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. 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. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant Wairimu for Applicants https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/562/eng@2026-01-23 3
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