In re PG (Baby) (Adoption Cause E003 of 2025) [2026] KEHC 3492 (KLR) (17 March 2026) (Judgment) Neutral citation: [2026] KEHC 3492 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAHURURU ADOPTION CAUSE E003 OF 2025 LN MUTENDE, J MARCH 17, 2026 IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY P.G. IN THE MATTER OF OGK ...................................................................................................... 1ST APPLICANT JNG ...................................................................................................... 2ND APPLICANT JUDGMENT 1. Through Originating Summons dated 2nd October, 2025, Applicants herein seeks to adopt baby P.G. to be known as A.W.G. Further, they seek orders that J.N.N. and J.W.N. be appointed as legal guardians of the child; the child be presumed to be born on the 13th April, 2016 in Nakuru County Kenya and the Registrar General be directed to enter the adoption into the Register of Adoptions. 2. The Applicants, a married couple, attend Church of God where the 1st Applicant is a pastor and the 2nd Applicant an usher. They are also a businessman and lady respectively. They are financially stable and have adequate resources. They have one adopted child, D.K.G., born on 4th March, 2013. 3. The subject child was found abandoned at Wayside Wangige and the matter was reported to Kikuyu Police Station and no one came forth to claim the child. 4. The Applicants applied to the K.K.P.I. Adoption Society seeking to adopt the subject child. Their extended family are supportive of the Applicants’ intention to adopt the child and ready to welcome her to the family. A certificate to exit the child and the one declaring the child free for adoption were issued, Serial No. (withheld). 5. Per the requirement of the law the Assistant Director of Children Services, Samburu County, Mr. Peter M. Mwangi carried out an inquiry as to the fitness of the Applicants to adopt the child. It is his recommendation that the Applicants meet all the requirements for local adoption of the child. They are socially, financially and economically stable. They have an attachment to the subject child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3492/eng@2026-03-17 1
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6. The guardian Ad-Litem through a report dated 15th January, 2025 states that the relationship between the subject child and adoptive parents is excellent. The adoptive parents have provided the subject child with a permanent home, family and the extended family is supportive and very positive. They are committed Christians with no criminal records. 7. J.N.N. and J.W.N. intended legal guardians through the affidavit and oral evidence, voluntarily accepted to take up the role and vowed to take up full responsibility in event of the Applicants’ absence. 8. I have considered the application, affidavits in support and averments by parties concerned in respect of the Applicants and the subject child. I note that the subject child was abandoned and a report was made at Kikuyu Police Station. 9. Section 187(1) (a) of the Children Act provides; 1. The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that— a. in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently illtreated the child; 10. There having been no claim over the child, she was taken to the House of Charity Children Home. Her biological parents having not been traced, their consent is waived. 11. Section 186(1)(2) of the Children Act provides thus; 1. 2. The Court may make an adoption order on application by— a. a sole applicant; or b. two spouses jointly. The Court shall not make an adoption order in any case unless— a. the applicant has attained the age of twenty-five years, but is not above the age of sixtyfive years; and b. the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child. 12. The Applicants herein are aged 43 and 45 years respectively hence fall within the bracket provided for in law as the persons to adopt a child. 13. In the premises, I make orders as follows; 14. 1. The Applicants O.G.K. and J.N.G. be and are hereby allowed to adopt Baby P.G. who shall hence forth be known as A.W.G. 2. J.N.N and J.W.N. are hereby appointed as the legal guardians of the subject child. 3. The Registrar General shall enter the order in the Adopted Children Register. 4. The Guardian Ad-Litem is discharged. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17TH DAY OF MARCH, 2026. L.N. MUTENDE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3492/eng@2026-03-17 2
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JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3492/eng@2026-03-17 3
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