High Court 3393 of 2026

2. The application was supported by the statement of even date sworn by both Applicants. The matter was canvassed by way of oral evidence in open court. 3. The Applicants are married couple. They have four (4) biological children together. They now wish to adopt a child out of their desire to provide a needy child with a home. The Applicants both told the Court that they do understand the legal implications of an adoption order. They undertake to accord to the subject child all rights due to a biological child including the right to inherit. 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. 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 from adoption. b. The child has attained the age of six weeks. 6. The subject child is a girl-child was born on 13th April 2019. She is now aged seven (7) years and is well above the six (6) week age limit provided for in the law. 7. Child Wlefare Society Of Kenya which is a registered adoption agency have annexed to their report dated 13th June 2024 a certificate serial No. 1076 dated 11th August 2021 declaring the child Free for Adoption. As such I am satisfied that all the legal ingredients for an adoption order have been met. 8. The duty of this court is to analyze the evidence on record to determine whether the Applicants are suitable adoptive parents. The Applicants are both Kenyan Citizens as evidenced by the annexed copies of their National Identity Cards. 9. The Applicants are a couple who have been married to each other for the past 28 years. Annexed to the summons is an Affidavit dated 16th May 2019 sworn by both Applicants confirming that they got married to each other in May 1996 under Kikuyu customary law. 10. The Applicants’ union has been blessed with four (4) children, all sons who range in age from 22 years to 15 years. They now seek to adopt the subject child out of their desire to have a daughter and out of their wish to provide a needy child with a home. 11. The 1st Applicant is a Civil Servant working with the Nyeri County Commissioner’s Office. He has availed a copy of a letter dated 18th February 2026 signed by the Deputy County Commissioner confirming that he is a Principal Clerical Officer on the Accounts Department. The 2nd Applicant is a business woman running a grocery shop in Chaka Town. The couple are obviously financially stable and have the capacity to provide for the needs of the child. 12. The Applicants are both Christians and intend to raise the child in the Christian faith. They have annexed a copy of a recommendation letter dated 25th February 2026 written by Rev Douglas Muchina Kariuki the Parish Minister PCEA church, Kigaiyo Parish. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3393/eng@2026-03-13 2

page 2 of 4

13. The Applicants sons D K and S G testified in this matter. They both stated that they were aware of and fully supported the move by their parents to adopt the child. They stated that they already view the child as their younger sister. The Applicants sons B G M and D K M have both sworn affidavits dated 27th August 2022 giving full consent to the adoption. 14. The Applicants told the court that they have appointed the 1st Applicants sister as the legal Guardian for the child. The said legal Guardian G N N has signed an affidavit consenting to be appointed as the legal guardian for the child. The Applicants have produced copies of clearance certificates issued to them by the Directorate of Criminal Investigations proving that neither has a criminal record. All in all I am satisfied that the Applicants are suitable adoptive parents. 15. The subject child is a girl-child who was born on 13th April 2019. The child was abandoned aged only one (1) day old by the roadside at Maasaini Area in Sultan Hamud Sub-Location, Mukaa SubCounty in Makueni County. Upon being rescued by good Samaritans the baby was taken to SultanHamud Sub-County Hospital and was admitted there for treatment. The abandonment was reported at Sultan-Hamud Police Station vide OB No. 18 of 13th April 2019. On 20th May 2019 upon being discharged from the hospital the children’s court in Kilungu committed the child to AIC Baby Home in Kitui. Thereafter on 27th August 2021 the child was placed into the custody of the Applicants under a Foster Care Agreement. 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 shortly after birth in Makueni 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 or parents of the child have not borne fruit. A final police letter dated 13th April 2023 from the OCS Sultan Hamud Police Station confirms this fact. Additionally several adverts were placed on various dates in the Daily Newspapers seeking information about the parents of the child. These too yielded no positive results. 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 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) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies a. 21. The best interests of the child shall be the Primary consideration.” [Own emphasis] This is a child who was abandoned at birth. She faced an uncertain future living in childrens homes/ institutions. This adoption provides the child with the opportunity to be raised in a loving and stable home environment. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3393/eng@2026-03-13 3

page 3 of 4

22. I was able to see the child in court. She was healthy happy little girl who was seated next to the Applicant’s son. 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 Chaka Town in Nyeri County where they own a six (6) bed-roomed house. The home was found to be suitable for raising a young child. 24. The child has lived with the Applicants since she was two (2) year old – a period of five (5) 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 S M N and Pricila Wangari Kiangi are authorized to adopt the child known as BABY A N. 2. Upon adoption the child will be known as H A W M. (3) G N N is appointed as the legal Guardian for the child. (4) The child is declared to be a citizen of Kenya by birth and is entitled to all the rights and benefits in respect thereto. (5) The Registrar-General is directed to make the relevant entry in the Adopted Childrens Register. (6) No orders on costs. DATED IN NYERI THIS 13TH DAY OF MARCH 2026. …………………………………… MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3393/eng@2026-03-13 4

page 4 of 4