In re AW (Baby) (Adoption Cause E220 of 2025) [2026] KEHC 1524 (KLR) (Family) (13 February 2026) (Judgment) Neutral citation: [2026] KEHC 1524 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E220 OF 2025 PM NYAUNDI, J FEBRUARY 13, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY AW IN THE MATTER OF FWM ........................................................................................................... APPLICANT JUDGMENT 1. Vide application filed by the Applicant on 25th July, 2025 seeking the following orders THAT:a. She be authorized to adopt BABY AW a minor who is to be known as RNM and the Registrar General be directed to enter this adoption into the register of Adoptions. b. JMG be appointed as the legal guardian of the minor who shall be presumed to have been born in Kenya. 2. Ms. W is a single Kenyan woman residing in Ruiru, Kiambu County. She is a Management Consultant as well as self-employed. She has the means to provide for the child. The child is 11 years old. The Applicant fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt. 3. BABY AW (The Child herein) is a female Child presumed to have been born on 8th January, 2015 at Ruiru Diagnostic Centre and was referred to Thika Level Five Hospital for medical attention. It is said that the child was abandoned at Thika Level Hospital by her biological mother and whereabouts remained unknown. That the matter was reported to Thika Police Station Vide OB No. 10/20/2/2015. On 18th February 2015, the Child was placed temporarily at Mogra Rescue Centre as https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1524/eng@2026-02-13 1
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a Child in need of Care and Protection. That on 11th May 2021, Thika Police Station issued a final Police letter stating that nobody has come to claim the child since she was abandoned and the search for her parents has been fruitless. 4. Thereafter, the child was committed to the said Home by the Principal Magistrate’s Court in Thika on 23rd March 2015 Vide Care and Protection File 51/2015. 5. That the Applicant approached KKPI Adoption Agency, she was taken through an explanatory memorandum and dully signed forms. Consequently, the child was declared free for adoption by the case committee on 26th May, 2021 vide freeing Certificate Serial No. 1006. The child was placed with the Applicant on 15th August, 2015. 6. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicant has recommended that this Court allows the Applicant to adopt the child. Assistant Director Children Services Ms. Ikinya, submitted a favourable report dated 29th October, 2025 confirming that the Child and the Applicant has bonded well, Applicant is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by copy of her certificate of good conduct and medical records attached. Another positive report dated 24th October, 2025 by PNM Guardian Ad litem recommended the adoption. 7. The proposed legal guardian Applicant’s brother (JMG) attended Court and confirmed that he has given his consent to act as Legal Guardian. 8. The Court interviewed the minor, she confirmed she understood the proceedings before Court. She consents to the Adoption. Determination 9. 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 184 of the Children’s Act, 2022. All the necessary Reports and consents required 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. 10. 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.” 11. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application that; a. The Applicant, FWM is hereby allowed to adopt BABY AW. b. Henceforth, the child shall be known as RNM. c. Her date of birth shall be 8 TH JANUARY, 2015. d. She is presumed to be a citizen of Kenya by birth. e. JMG is hereby appointed as legal guardian of the child f. The Registrar General to enter this order in the Adoption Children Register. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1524/eng@2026-02-13 2
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g. The Registrar General be authorised to issue the child with Birth Certificate. h. The Director Immigration be 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 13 TH DAY OF FEBRUARY, 2026. P. M NYAUNDI HIGH COURT JUDGE In the presence of: Fardosa Court Assistant Ambaka for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1524/eng@2026-02-13 3
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