In re Bay IE (Adoption Cause E331 of 2025) [2026] KEHC 3801 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 3801 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E331 OF 2025 PM NYAUNDI, J MARCH 19, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY IE IN THE MATTER OF RMM .................................................................................................... 1ST APPLICANT AMK .................................................................................................... 2ND APPLICANT JUDGMENT 1. 2. Vide application dated October 11th November, 2025 the applicants seek the following orders that:a. They be authorized to adopt Baby IE, a minor. b. Henceforth, Baby IE shall be known as SMM. c. The Registrar General be directed to enter this adoption into the Adopted Children’s Register. d. The Registrar of Births do issue the child a Birth Certificate with the new name. e. The minor be presumed to be a Kenyan Citizen born in Kenya. f. DMW and ANK be appointed as the Legal Guardian of the minor. The Applicants are Kenyan Citizen legally married and solemnized their marriage in the year 2005. They reside in Embu County. That both Applicants are teachers by profession as well as farmers hence capable of taking good care of the child. They have been having custody of the minor since 27th June, 2025. The child is 3 years, 3 months old. They fully understand the implications of an adoption order. They have no biological children of their own hence their desire to adopt. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3801/eng@2026-03-19 1
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3. Baby IE (the Child herein) is a male Child presumed to have been born on 4th January, 2023. The child was found abandoned within Gitari Marigo dumpsite in Dandora Phase IV on 4th July, 2024.The child was rescued and the matter was reported to Dandora Police Station and recorded vide OB No.xx/ x/7/2024. The Child was placed temporarily at Imani Children’s Home in Dandora. Thereafter, the child was later committed to the said facility through the Children’s Court in Nairobi under MCP & CCO E265/2025. In Addition, Dandora Police Station confirmed by their final letter dated 26th May 2025, that nobody had claimed the child since he was abandoned. The search for his parents has been fruitless 4. Consequently, the Applicants approached Buckner Kenya Adoption Services on 10th August, 2024, seeking to adopt the child. They were taken through an explanatory memorandum and dully signed the certificate of Acknowledgment. Consequently, the child was declared free for adoption by Case Committee on 11th June, 2025 vide freeing Certificate Serial No. 0xx8. 5. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. D.N. Mundi, County Coordinator for Children Services Embu County, submitted a report dated 6th March, 2026 where he confirmed that the Child and the Applicants have bonded well, Applicants are socially and financially capable of raising the Child. It also confirmed that the Applicants had a clean bill of health and that they had no criminal record as evidenced by copy of their certificates of good conduct and medical records attached. Another positive report filed on 10th March, 2026 by IMM, the Guardian Ad Litem, recommend the adoption proceedings. 6. Further proposed Legal Guardians DMW and ANK Applicants’ relative were present in court and consented the appointment as Legal Guardians, 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, who was upset that the Applicants did not give him a phone to watch cartoons. However, the Director of Children’s Service and Buckner Kenya Adoption Services confirmed that the minor is the child they met. Determination 8. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. All the necessary Reports and consents required for this Adoption have been filed. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. This Court has satisfied itself that the Applicants are 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 Applicants have 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 Applicants. 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; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3801/eng@2026-03-19 2
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a. The Applicants, RMM and AMK, are hereby allowed to adopt Baby IE. b. Henceforth, the child shall be known as SMM. c. His date of birth shall be 4th January, 2023. d. He is presumed to be a citizen of Kenya by birth. e. DMW and ANK 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 be authorised to issue the child a Birth Certificate. h. The Director of Immigration is authorised to issue the child a Kenyan Passport. 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 Ms. Adhiambo for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3801/eng@2026-03-19 3
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