In re SZ alias IWG (Child) (Adoption Cause E003 of 2024) [2026] KEHC 1570 (KLR) (13 February 2026) (Judgment) Neutral citation: [2026] KEHC 1570 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI ADOPTION CAUSE E003 OF 2024 MA ODERO, J FEBRUARY 13, 2026 IN THE MATTER OF ADOPTION OF IN THE MATTER OF PGG ...................................................................................................... 1ST APPLICANT JMG ...................................................................................................... 2ND APPLICANT JUDGMENT 1. Before this court is the Originating Summons dated 18th April 2024 by which the Applicants PGG and JMG seek the following orders:“ 1. Spent 2. That the applicants PGG and JMG be authorized to adopt Baby SZ alias IWG. 3. That the Honourable Court does dispense with the mothers consent who abandoned the child after delivery at the Nyayo Garden - Nakuru” 2. The application was supported by the Affidavit of even date sworn by the 1st Applicant and was canvassed by way of oral evidence. 3. The Applicants are a married couple. They have one biological son. They now wish to adopt a child in order to expand their family. The Applicants both confirmed that they are aware of the legal implications of an adoption order. They undertake to accord to the subject child all rights which are due to a biological child including the right to inheritance. Analysis And Determination 4. I have considered this application for adoption, the evidence adduced in support thereof as well as the various reports filed in court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1570/eng@2026-02-13 1
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5. The prerequisites for adoption are set out in Section 184 (1) (a) and (b) of the Childrens Act 2022 as follows:“ (1) A person shall not commence any arrangement for the adoption of a child unless:a. The council, in accordance with the rules, has declared the child free for adoption. b. The child has attained the age of six weeks.” 6. The subject child is believed to have been born on or about 16th February 2019. She is therefore now aged seven (7) years old and is well above the six (6) week age limit provided for in law. 7. CHANGE TRUST which is a registered adoption agency have annexed to their report their certificate Serial No. 00334 dated 9th October 2019 declaring the child Free for Adoption. (Annexture ‘PGG 8’). As such I am satisfied that all the legal prerequisites for an adoption order have been met. 8. They duty of this court is to analyse the evidence on record to determine whether the Applicant is a suitable adoptive parent. 9. The Applicants are both Kenyan citizens. They are a married couple who solemnized their union on 4th June 2005. A copy of their marriage certificate Serial No. 526049 is annexed to the Summons. (Annexture ‘PGG 1’). 10. The couple have one child a son who is now aged fifteen (15) years old. They seek to adopt another child in order to expand their family. 11. The couple who reside in Kieni West Sub-county in Nyeri County engage in farming and business activities. They have annexed a copy of the 2nd Applicants M-pesa statement (Annexture ‘PGG 7’), which proves that the couple earns income from their farming activities and have the capacity to provide for the child. 12. The Applicants are Catholic Christians and worship at the Gatarakwa Catholic Church. They intend to raise the child as a Christian. The Applicants have annexed copies of clearance certificates issued to both the Directorate of Criminal Investigations (Annextures ‘PGG 6(a) and 6b’). This proves that neither has a criminal record. 13. The Applicants have appointed the brother of the 2nd Applicant as the legal guardian for the child. The proposed legal guardian INN has signed a consent dated 1st September 2025 confirming his consent to be appointed as legal guardians for the child. 14. The Applicants biological son who is now aged sixteen (16) years old testified in court. He confirmed that he is ready and willing to accept the child and already views her as his sister. The said son signed a consent dated 30th July 2025 which consent, he also confirmed in court. Based on the above I am satisfied that the Applicants are suitable adoptive parents. 15. The subject child is a girl child who is believed to have been born on 16th February 2019. The child was found abandoned at birth at Nyayo Gardens in Nakuru Town. The abandonment was reported to police vide OB No. 15 of 26th February 2019. On 6th September 2019 the Nakuru Children’s Court committed the child to Newlife Homes for Care and Protection. Thereafter on 15th November 2019 the child was released into the custody of the Applicant under a Foster Care Arrangement. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1570/eng@2026-02-13 2
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16. 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.” 17. The subject child was found abandoned at birth in Nakuru County within the Republic of Kenya. I therefore declare the child to be a Kenyan Citizen by birth. 18. Efiorts by police to trace the biological mother of the child have borne no fruit. To date no person has come forward to claim the child. A final police letter dated 3rd September 2019 is proof of this fact. 19. Given the fact of her 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) of the Children Act. 20. In deciding upon any matter involving a child, courts are obliged to give priority to the ‘best interests’ of the said child. Section 8(1) of the Children Act 2022 provides that:“ (8) (1) a. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies The best interests of the child shall be the priority consideration.” [Own emphasis] 21. This is a child who was abandoned at birth. She faced an uncertain future living in chidlrens homes/ institutions. This adoption provides the child with the opportunity to be raised in a loving and stable home environment. 22. I was able to see the child in court. She was a healthy happy little girl who was seated on her fathers laps. The child confidently answered all questions put to her. The child is obviously well cared for and is happy in her environment. 23. The childrens officer conducted a Home Visit. The Applicants reside at Kimunyuru Village, Gatarakwa in Endarasha where they own a 0.7 acres of land. They reside in a three bed-roomed timber house. The home was found to be suitable for raising a young child. 24. The child has lived with the Applicants since she was one (1) year old - a period of six (6) years. She has undoubtedly bonded with the family. This is the only home the child knows. I have perused the reports filed by the Guardian Ad Litem, the Adoption Agency and the Director Childrens Services. All three reports were positive and all recommend the adoption. 25. Finally I find that this adoption does serve the best interests of the subject child. I allow this application for adoption and make the following orders;(1) The Applicants PGG and JMG are authorized to adopt the child known as BABY SZ. (2) Upon adoption the child will be known as IWG. (3) The child is declared to be a citizen of Kenya by birth and entitled to all the rights and benefits in respect thereto. (4) INN is appointed as the legal guardians for the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1570/eng@2026-02-13 3
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(5) The Registrar-General is directed to make the relevant entry in the Adopted Chidlrens Register. (6) No orders on Costs. DATED IN NYERI THIS 13TH DAY OF FEBRUARY 2026. ………………………………… MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1570/eng@2026-02-13 4
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