In re Application for Adoption of IJ (Adoption Cause E296 of 2025) [2026] KEHC 3227 (KLR) (Family) (5 March 2026) (Judgment) Neutral citation: [2026] KEHC 3227 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E296 OF 2025 SN RIECHI, J MARCH 5, 2026 IN THE MATTER OF THE ADOPTION OF IJ IN THE MATTER OF HOO ........................................................................................................... APPLICANT JUDGMENT 1. The Applicant, HOO is a single applicant. The applicant is aged 42 years old having been born on 1st January 1984 as evidenced by a copy of her National Identification Card Number 246xxxxx attached to the application. 2. The Applicant has not been blessed with a biological child of her own. The applicant now wishes to adopt a male child known as Baby I aged 2 years, six months through an Originating Summons dated 22nd October, 2025. 3. The Applicant resides in Dohnholm within Nairobi County. She professes christian faith. The evidence on the record indicates that the applicant is self employed as a Business lady. 4. The evidence before court indicates that the child was born on 6th June, 2023 at Gilgil Sub County Hospital as evidenced by attached copy of Birth Notification serialized 544xxxx. The child’s mother one Ann Najieko of mobile number 07xxxxxx12/01xxxxxx8 absconded and left the child in the ward. 5. The matter was reported on 8th June 2023 at Gilgil Police Station vide OB Number 52/08/06/2023 at 1830 by John Muya of Mobile Number 07xxxxxx7 a Social Worker at Gilgil Sub County Hospital as evidenced by a copy of police initial letter dated 12th June 2023 attached to the application. The matter was also reported at Gilgil Children Department and a vacancy was sought for a placement at New Life Home for care and protection. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3227/eng@2026-03-05 1
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6. From evidence on record this court finds that on 9th August 2023 the child was committed to Children’s Home for a period of 3 years by Nakuru Children’s Court vide Protection and Care File Number E03 as evidenced by attached copy of committal order. 7. The evidence on record indicates that the child was placed with the applicant for fostering pending adoption on 4th July,2025 as evidenced by copy of Care Agreement attached to the application. 8. Prior to the hearing of the adoption application, Buckner Kenya Adoption Services prepared and filed a Report dated 19th November , 2025. They also issued a Certificate Serial No 08xx declaring the child free for adoption as evidenced by the copies of Report and Certificate declaring a child free for adoption attached to the application. 9. The applicant stated that she is physically and emotionally fit to parent the child as evidenced by copies of her Medical Report attached to the application. 10. The applicant stated she is financially stable and therefore able to provide fully for the child’s needs as evidence by copies of her financial statement attached to the application. 11. The applicant stated that she has no previous criminal record and no pending criminal prosecution as evidenced by copy of Police Clearance Certificate attached to the application. 12. The guardian ad litem Ms. Teresa Akoth Ochola filed a Report dated 18th November,2025 which was favourable and recommended the adoption of the child by the Applicant. 13. Ms. Harriet Kihara , Children’s Officer from the Office of the Director of Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a Report dated 17th November,2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant and that the Applicant has fulfilled the statutory requirements. 14. Mr. COO and Ms. HMN consented to be appointed as legal guardians for the child. They signed and filed their letter of consent dated 22nd October,2025 attached to the application. 15. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child’s biological parents whereabout is unknown. 16. I have examined the evidence herein against the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act, 2022. I do find that it is in the best interest of the child to be adopted by the Applicant. I therefore allow the prayers sought in the originating Summons dated 22nd October,2025 and Order as follows: i. The Applicant HOO is hereby allowed to adopt Baby IJ who shall henceforth be known as IDM. ii. The child’s date of birth shall be 6th June, 2023 . She is presumed to be a Kenyan Citizen by birth having been born in Kenya in accordance with Article 14(4) of the Constitution. iii. Mr. COO and Ms. HMN are hereby appointed the legal guardians of the child. iv. The Registrar General is directed to enter this Order in the Register of Adopted Children. v. The guardian ad litem is hereby discharged. DELIVERED AT NAIROBI THIS 5TH DAY OF MARCH, 2026. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3227/eng@2026-03-05 2
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AMENDED AT NAIROBI THIS 12TH DAY OF MARCH, 2026. ………………………… S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3227/eng@2026-03-05 3
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