In re CLG (Child) (Adoption Cause E018 of 2025) [2026] KEHC 3755 (KLR) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 3755 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS ADOPTION CAUSE E018 OF 2025 EN MAINA, J MARCH 19, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF CLG (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY: IN THE MATTER OF SMM ..................................................................................................... 1ST APPLICANT JKM ...................................................................................................... 2ND APPLICANT JUDGMENT 1. The subject in these proceedings is a female child now aged approximately four years, (estimated to have been born on 6th January 2022). She was found abandoned at a residential plot in Uthiru Area by a Good Samaritan one, CMN of cell phone No. 0720XXXX and ID No.30XXXX. C accompanied by one S of cell phone 0720XXXX reported the matter at Kabete Police Station vide OB/69XXXX.The child was taken to House of Charity Children’s Home for care and protection as the police continued with investigations on the whereabouts of the parents. 2. Subsequently, on 12th June 2023, the Resident Magistrate at Nairobi Children’s Court committed the child to the House of Charity Children’s Home care and protection vide Care and Protection Case No. MCP & CCO/E647 of 2022 for a period of three months and further extended on 12th June 2023 for another three months. 3. Comprehensive investigations were conducted by the police to trace the child’s family as confirmed by letter from Kabete Police Station dated 26th June 2023 which indicated that no one ever came to claim the abandoned child or expressed any interest hence their efforts to trace the child’s kin were futile. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3755/eng@2026-03-19 1
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Further that the Good Samaritan mentioned in the child’s profile one CMN stated that on the material date he received a call from one of his tenants by the name SN informing him that a child had been abandoned at the plot by unknown person. That the said S informed him that she inquired from her neighbours but nobody knew about the child nor saw anyone abandoning the child. 4. In a meeting held on 5th July 2023, the case Committee of Little Angels Network declared the child free for adoption and issued a Certificate No.0XXXX to that effect. 5. The Applicants SMM and JKM made a joint adoption application to Little Angels Network 2nd May 2021 with an intention of being ratified for placement with a female or male child aged 2 – 3 years with a view of eventually adopting the child. In a case committee sitting on 3rd June 2021 the Little Angels Network considered their application and were satisfied that the Applicants meets the legal and social parameters for adoption. The Applicants were subsequently placed with the child herein Baby CLG by Little Angels Network. The Applicants have been fostering the child since 3rd December 2024 when the child was placed in their care. 6. The Applicants are residents of [Particulars Withheld] location, Machakos sub-county within Machakos County. They are a couple having solemnized their marriage on 18th May 2021 vide the Certificate of marriage No.400XXXX. The Applicants do not have any biological child of their own but are desirous of being parents to nurture and to exercise parental responsibilities. The Applicants have one adopted child by the name DMM who was granted to them vide a court Order issued by the court on the 12th June 2023. They live in their own home built on a 5 acre piece of land with all amenities provided and the environment is conducive for a growing child. They also practice farming on a 10 acre piece of land in Vota within the [Particulars Withheld] location. Both the Applicants are teachers by profession employed by the Teachers Service Commission teaching at [Particulars Withheld] Primary School and [Particulars Withheld] School for the deaf respectively therefore they are stable financially as they have an income from employment. 7. The Applicants extended family are supportive of the adoption since they are aware that the Applicants have been desiring to sire a child of their own child for many years but have not been successful yet. 8. The following reports have been duly filed in regard to the adoption.a. Report of the Guardian Ad Litem dated 11th November 2025. b. Reports from the Little Angels Network declaring the child free for adoption and also recommending the Adoption. c. Report of the Directorate of Children’s Services Sub- County Children Services – Machakos County also Recommending the adoption dated 26th August 2025. (d ) Consent of PMW and JMJ to act as legal guardian sworn on 26th June 2025. 9. All the reports recommend this adoption which is family based and local. The child has been under the continuous care of the Applicants since 3rd December, 2024 and they have bonded well and the Guardian ad litem highly recommends them as adoptive parents. 10. Having carefully considered all the material before me, I am satisfied that the application meets the conditions of part XIV of the Children Act and is in the best interest of the welfare of the child. The Applicants fully understand the implications of an order of adoption and have already assumed their responsibilities towards the child. They have also met all the conditions of an adopters as set out in the Act. 11. Accordingly, the application is allowed and orders are granted as follows: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3755/eng@2026-03-19 2
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1. That the Applicants SMM and JKM be and are hereby allowed to adopt the child and an adoption order shall issue. 2. That the child shall now be known as CNM. 3. The child’s date of birth shall be 6th January 2022 and the place of birth shall be Uthiru, Kiambu County. 4. That PMW and JMJ be and are hereby appointed as the Legal Guardians of the child. 5. That the Guardian Ad Litem is hereby discharged. 6. That this adoption order shall be lodged with the Registrar General and the Registrar General is hereby directed to enter the adoption in the Adopted Children Register. It is so ordered. JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 19TH DAY OF MARCH 2026. E. N. MAINA JUDGE IN the presence of: Mr. Muia for the Applicants Applicants – absent Mary – Court assistant/Interpreter https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3755/eng@2026-03-19 3
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