High Court 679 of 2026

4. The Applicants initially contracted a customary marriage in November 2011, and subsequently solemnized their upon on 5 September 2017 at the Registrar’s Office in Nairobi. A copy of the Certificate of Marriage is provided. The Applicants have a blended family. The 1st Applicant has two adult biological sons from a previous relationship. The sons have provided a signed consent letter supporting the adoption. The 2nd Applicant has raised these children as her own since 2016, demonstrating her capability as a parent. The Child 5. The child is a female who was born on 15 February 2024 at Pumwani Maternity Hospital to JS. On 29 February 2024, barely two weeks after birth, the child was abandoned at the gate of Thomas Barnados Children’s Home. The matter was reported to Langata Police Station vide OB Number xx/ xx/xx/2024. 6. Following the abandonment, the child was admitted to the Nairobi Children’s Rescue Centre on 2 March 2024. The Police launched investigations to trace the mother, but these efiorts were futile. The final Police letter dated 24 February 2025 confirmed that the mother could not be traced. 7. The Nairobi Children’s Court at Milimani, in Protection and Care Case No. 462 of 2024, issued a Committal Order on 26 February 2025, committing the child to the Nairobi Children’s Rescue Centre for a period of one year. 8. On 5 March 2025, the Case Committee of the Change Trust Adoption Society, a registered adoption society, declared the child free for adoption vide Certificate No. 00xx3. The child was placed in the foster care of the Applicants on 12 March 2025. The child has remained in their continuous care and possession since that date, a period of 8 months at the time of the hearing. The Adoption Application 12. I have considered the Summons, the evidence on record, as well as the various reports filed. 13. The duty of this Court is to analyse the material before it to determine whether the Applicants are suitable adoptive parents. The Applicants stated that they are committed Christians and intend to raise the child in a Christian development to ensure full spiritual development. 14. Section 186(1) of the Children Act permits an adoption order to be made on the joint application of two spouses. The Applicants have presented a valid Certificate of Marriage, proving they are legally married. They are, therefore, eligible to apply jointly. 15. Section 186(3) requires that an applicant must be at least 25 years old and not more than 65 years old. The Applicants have equally met this requirement. 16. The Applicants have provided Medical Reports that confirm that they are both physically and mentally fit to adopt. The Police Clearance Certificates confirm that the Applicants have no criminal records, thus satisfying the Court of their moral fitness to parent. 17. The Applicants produced bank statements, copies of log books and title documents, thus demonstrating the means to maintain the child. 18. From the material availed, I am satisfied that the Applicants are suitable adoptive parents. 19. Adoption fundamentally alters the legal status of a child, extinguishing the rights of the biological parents. Therefore, consent is a cornerstone of the process. Section 186(8) requires the consent of the https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/679/eng@2026-01-30 2

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parents or guardian, and the child, if over 10 years old. In this case, the biological mother, JS, abandoned the child. The biological father is unknown. 20. Section 187(1) provides: The Court may dispense with any consent required under section 186... if the Court is satisfied that— (a) in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child... 21. Further, Section 187(2) creates a statutory presumption: (a) 22. abandonment shall be presumed in any case where the child appears to have been abandoned at birth, or if the person or... institution having care and possession of the child... has lost all contact with a parent or guardian of the child for a period exceeding one year. Pursuant to section 187(1)(a) of the Act, I hereby dispense with the consent of the biological parents since the child was found abandoned. Analysis and Determination 23. Article 14(4) of the Constitution provides that 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. The child herein was born in a Hospital in Nairobi and later found abandoned a few days after birth. The child is, therefore, a citizen of Kenya by birth. 24. In deciding any matter involving a child, the Court is obligated to give priority to the best interests of the child. Section 8 of the Children Act provides: 1. 2. 25. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies– a. The best interests of the child shall be the primary consideration; b. The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule; All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:a. Safeguard and promote the rights and welfare of the child; b. Conserve and promote the welfare of the child; and c. Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest. I have considered the Reports filed by the Adoption Agency dated 15 March 2024 the Guardian ad Litem dated 23 November 2025, and the Director of Children Services dated 21 November 2025, all of which were positive and recommended the adoption. Bearing in mind that this child had been abandoned and faced an unknown future, it is my view that the adoption serves the best interests of the child. Not only will the adoption give the child a sense of belonging, but it will also give her the opportunity to grow up like every other child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/679/eng@2026-01-30 3

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26. Accordingly, I allow the Summons and make the following orders: i. The Applicants, K.N.N. and R.W.K, are hereby authorised to adopt the child currently identified as Baby AW, who will henceforth be named C.W.N; ii. The child is declared to be a citizen of Kenya, entitled to all the rights and privileges under the Constitution of Kenya and all other laws; iii. PNN is appointed as the legal Guardian of the child; iv. The Guardian ad Litem is hereby discharged; v. The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register; DATED AND DELIVERED AT NAIROBI THIS 30 DAY OF JANUARY 2026 HELENE R. NAMISI JUDGE OF THE HIGH COURT Delivered on virtual platform in the presence of: For Applicants: Ms Ambaka Court Assistant: Lucy Mwangi https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/679/eng@2026-01-30 4

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