Jno v The Change Trust

e. That the Registrar General do make the appropriate entries in the adopted children’s register in respect of and further the Registrar of Births and Deaths do issue a birth certificate for the minor bearing the name N R O; and f. That the court be pleased to make any other orders it deems necessary. 2. The application is supported by the averments in the statement in support thereof, sworn on 29th October 2025. The applicant is an adult Kenyan citizen born in 1972. She has not been able to have children of her own and cannot bear a child due to her age. The motivation to adopt a baby stems from the desire to give a child a home, a family, and an opportunity. Regarding her occupation, the applicant is a businesswoman carrying on insurance brokerage under the name Rich Five Insurance Agency. 3. The child is estimated to have been born on 7th October 2021 at The Coast General Hospital. The child was discovered by a caseworker named Kezia Budina, abandoned at The Coast General Hospital on 9th December 2021. The matter was reported the same day to the Central Police Station, Mombasa, vide Occurrence Book No. 23/09/12/2021. The original police letter was misplaced. The matter was again reported under OB No. 79/08/07/2025. The child was committed to the legal custody of Tumaini Children’s Home for care and protection vide Protection and Care Cause No. E005 OF 2022 at the Tononoka Children’s Court. 4. On 2nd March 2023, the Case Committee of Change Trust adoption society declared the child free for adoption, and a Certificate S/No.00570A thereof was issued. 5. M O A was appointed guardian ad litem in these proceedings on 27th November 2025. The Director of Children Services, Mombasa, and the guardian ad litem were directed to file their respective reports within 30 days of that date. 6. Preceding the hearing, the County Coordinator for Children Services, Mombasa County, filed her report dated 16th January 2026. The matter proceeded on oral evidence. I shall give a precis of the evidence tendered below. 7. In her evidence in court, Ms Louisa Kemuma, from the Regional Office of the Children’s Department, testified that her office visited the applicant in her home on 15th January 2026, and found that the child had bonded well with her. It was her evidence that the applicant qualifies for the adoption. She therefore recommended the proposed adoption. 8. The guardian ad litem was the second witness. Mr A produced his report filed on 19th January 2026, vide which he recommended the adoption. It was his evidence that he went to the applicant's home. He found the home environment to be good. He, too, recommended the adoption. 9. Mr. M N was the third witness. Mr. N testified that they assessed both the child and the proposed adoptive parent. He, too, recommended adoption on the ground that it would be in the child's interest. 10. The applicant urged the court to allow the application so she could adopt the baby and stated that she understood the consequences of adoption and that she knew that once adoption orders are issued, they are permanent. She testified that she had identified legal guardians who would care for the child in the event of anything happening to her. 11. I have considered the application herein, the supporting materials, and the evidence presented by various witnesses. The issues that emerge for determination are: whether the baby is available for adoption, whether the applicant is fit to adopt the baby, and, most importantly, whether the adoption is in the child's best interests. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1077/eng@2026-01-28 2

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12. The child herein is estimated to have been born on 7th October 2021 at the Coast General Hospital. The child was discovered by a caseworker named Keziah Budina, abandoned at the Coast General Hospital on 9th December 2021. The matter was reported the same day to the Central Police Station, Mombasa, vide Occurrence Book No. 23/09/12/2021. This being a case of an abandoned child, the need for consent pursuant to Sections 186 and 187 of the Children Act, 2022, is dispensed with. I am guided by the case of In re Baby EJ [2023] KEHC 1386 (KLR), where the court stated as follows: “ Given the fact of his abandonment, there exists no known person from whom consent for this adoption can be sought and /or obtained. I therefore waive the requirement for consent in line with Section 187 (1) (a) of the Children Act 2022.” 13. Regarding the baby’s nationality, it is clear that the baby was born at Coast General Hospital and is currently residing with the applicant in Tudor, Mombasa County, all within the Republic of Kenya. Article 14(4) of the Constitution of Kenya, 2010, provides that a child under 8 years of age, whose nationality and parents are unknown, is presumed to be a Kenyan citizen by birth. In light of this provision, the child herein is presumed to be a Kenyan citizen by birth. 14. The child is between 6 weeks and 18 years of age, which places it 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 resident in Kenya, whether born in Kenya or not, as eligible for adoption. I have no doubt the child is fit for adoption. 15. Regarding the applicant’s suitability, she is a Kenyan citizen and therefore qualifies for this local adoption. The applicant is 53 years old, placing her within the age bracket of at least 25 and no more than 65 years for an adoptive parent, in compliance with Section 186 of the Children Act 2022. 16. The applicant has been described as financially stable because she is a businesswoman in Mombasa with an income of Kes 60,0000 per month. She is a caring, loving woman with no criminal record. Since the minor was placed in her custody, the child has fully bonded with her. She also understands the consequences of adoption and knows that once an adoption order is issued, it is permanent. She appreciates the role of a parent and admits she will treat the baby as if it were her biological child. 17. The applicant is a single female seeking to adopt a male child, and this court notes that the prohibition that was in the Children’s Act 2001 does not exist in the Children’s Act 2022, and therefore, nothing prohibits the adoption by the applicant. I am guided by the case of In re Baby EJ [2023] KEHC 1386 (KLR), where the court stated that:“ I am mindful of the fact that the Applicant is a female seeking to adopt a male child. Although Section 158 (2) (b) of the old Children Act 2001 prohibited the adoption of a male child by a single female applicant, no such prohibition is contained in the new Children Act 2022. Section 186 (4) of the 2022 Act only prohibits a single male applicant from adopting a child. The new Act is silent on whether a female applicant may adopt a child. As such, I find there is no legal prohibition to this adoption.” In my view, the applicant has met the requirements to adopt the baby. 18. On the question of whether the adoption is in the best interests of the baby, guidance can be drawn from 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1077/eng@2026-01-28 3

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decision concerning a baby. I am also guided by the decision of Nyakundi, J, in the case of In re B (Baby) [2018] KEHC 6114 (KLR), where he stated that: “ The purpose of Kenya’s Constitution and Children’s Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause is of the best interest of that very child. That law presumes that by granting foster care, the adoptive parties will provide and promote a stable, supportive, and nurturing environment for the child. From the reports filed by the Director of Children's Services and the Kenya Children’s Homes adoption agency, both applicants are in good health, have fulfilled the conditions precedent set out under section 158 of the Children’s Act. It is also not in dispute that they both have a steady income and a home where they live together. During the pendency of these proceedings, both applicants have had the opportunity to bond with the child since her placement in their custody. It is that family unit that the constitution contemplates under Article 45, which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same constitution.” 19. The child herein was found abandoned at the Coast General Hospital. He is, like any other child, in need of parental care and guidance. He needs basic necessities like food, shelter, education, and clothing. He has fully integrated with the applicant. It is clearly in the child's best interests that this adoption application be allowed. I am guided by the case 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.” 20. Accordingly, the application is allowed with orders that: a. The child, S T, a minor, is hereby declared a Kenyan citizen by birth; b. The consent of biological parents or guardians is hereby dispensed with as the child was abandoned; c. The applicant is hereby authorized to adopt S T, a minor, who shall henceforth be known as N R O; d. W G and K M are hereby appointed as the legal guardians of the child in the event of the death or incapacity of the applicant before the child is of full age and is fully self-reliant; e. The Registrar General is directed to enter the adoption order made herein and the estimated birth date of the child as being 7th October 2021, in the Adopted Children’s Register; and f. The guardian ad litem, M O A, is discharged. DATED AND SIGNED IN MOMBASA THIS 28TH DAY OF JANUARY 2026. DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS. GREGORY MUTAI JUDGE In the presence of:Ms Obunde, for the Applicant ; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1077/eng@2026-01-28 4

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Ms Bancy – Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1077/eng@2026-01-28 5

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