In re Baby VI aka Famale Baby Child (Adoption Cause E350 of 2025) [2026] KEHC 3800 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 3800 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E350 OF 2025 PM NYAUNDI, J MARCH 19, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY VI AKA FEMALE BABY CHILD IN THE MATTER OF CWN ........................................................................................................... APPLICANT JUDGMENT 1. Vide application dated 17th December, 2025 the applicant seeks the following orders:a. She be authorized to adopt Baby VI aka Female Baby Child a minor, who is to be known as EWN and the Registrar General be directed to enter this adoption into the Register of Adoptions. b. DNM and PWM be appointed as the legal guardians of the child. c. The Director of Immigration be authorized to issue a passport to the child. d. The child be presumed to have been born in Kenya. 2. The Applicant is a single Kenyan lady residing in Nairobi County. She is a Real Estate Valuer working as a Director of Valuations at [particulars withheld] Limited hence has the means to provide for the child. The child is 3 years old. The applicant fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt. 3. Baby VI aka Female Baby Child is a female Child presumed to have been born on 4th February, 2023. The child was abandoned on 8th February 2023 within Kayole Area in Njiru Sub-County and found by a good Samaritan who reported the matter at Kayole Police Station and recorded vide https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3800/eng@2026-03-19 1
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OB No. 03/08/02/2023. Thereafter, child was committed to Imani Children’s Home on 28th May 2025, through the Children Court at Nairobi Vide Care and Protection File P&C No. E268/2025. Consequently, Kayole Police Station confirmed by their letter dated 18th July 2025, that nobody had claimed the child since she was abandoned. 4. Further, the Applicants approached Buckner Kenya Adoption Services on 27th May 2024, she was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement duly signed and thereafter the child was declared free for adoption by the case committee on 28th February 2025, vide freeing Certificate Serial No. xxxx. The child was placed with the Applicant on 10th September, 2025. 5. The Reports filed regarding the proposed adoption of the child by the applicant recommend that this court approves the applicant's application to adopt the child. A report dated 23rd February, 2026, from the Principal Children’s Officer, confirmed that the child and the applicant have bonded well, and she is socially and financially capable of raising the child. It also confirmed that the applicant has a clean bill of health and no criminal record, as evidenced by the annexed copy of her certificate of good conduct —thus, it recommends the adoption process as aligning with the principles of the best interests of the child. Another Report dated 13th February, 2026, from Symon Machariah, the guardian ad litem, also recommends the adoption. 6. Proposed legal guardians DNM and PWM consented to be appointed as the legal guardians of the child; in the event the applicants are unable to discharge their responsibilities, they will assume full parental responsibilities over the minor. 7. The court interviewed the minor and it was evident that she has bonded well with the Applicant. Determination 8. The court has evaluated the facts of this local adoption from the Reports filed. It is evident that the applicant has fulfilled all the legal requirements of a local adoption as required under section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the applicant has the financial and emotional capability to provide for the upkeep, care and education of the child and that the child has bonded well with the applicant. The love the applicant has for the children is unconditional, her desire is driven by the fact that she want to expand her family and give a child a family and an environment where she can grow in and feel loved. It is also evident that the Applicant has support from her famiy. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194(1)(c) of the Children’s Act cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicant for this adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned at birth. 9. Article 14(4) of the Constitution of Kenya 2010 provides that: “ (4) 10. 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.” This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application that; a. The Applicant, CWN is hereby allowed to adopt Baby VI aka Female Baby Child a minor. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3800/eng@2026-03-19 2
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b. Henceforth, the child shall be known as EWN. c. Her date of birth shall be 4th February, 2023 in Nairobi County. d. She is presumed to be a citizen of Kenya by Birth. e. DNM and PWM are hereby appointed as legal guardians of the child. f. The Registrar General to enter this Order in the Adoption Children Register. g. The Registrar General is authorised to issue a Birth Certificate to the child. h. The Director of Immigration is authorised to issue a Kenyan Passport to the child. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 19TH DAY OF MARCH, 2026. P. NYAUNDI HIGH COURT JUDGE In the presence of: Ng’alamoi - Court Assistant. Wairimu for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3800/eng@2026-03-19 3
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