High Court 3818 of 2026

5. The prerequisites for adoption are set out in Section 184 (1) (a) and (b) of the Children Act 2022 as follows:“ (1) 6. 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 for adoption. (b) The child has attained the age of six weeks.” The subject child is believed to have been born on 11th December 2019. A copy of the Certificate of Birth Serial No. 1419946 issued for the child is annexed to this Summons at Page 38. She is therefore now aged seven (7) years old and is well above the six (6) week age limit provided for in law. 7. Change Trust which is a registered adoption agency have annexed to their report their certificate Serial No. 00761 dated 18th December 2024 declaring the child Free for Adoption. (See page 36) As such I am satisfied that all the legal prerequisites for an adoption order have been met. 8. The Applicant is a Kenyan citizen as is evidenced by the annexed copy of her national identity card. The Applicant is a single woman who has never been married and who due to medical complications is unable to bear a child of her own. She has therefore opted for adoption as a means to fulfil her desire to have a child to call her own. 9. The Applicant lives in the Rumuruti area of Laikipia County. She is a business woman dealing in cereals. The Applicant is of good health and is mentally fit and will able to raise a child. 10. The Applicant is a Christian and intends to raise the child in the Christian faith. The Applicant has annexed a copy of a Police Clearance Certificate issued by the Directorate of Criminal Investigations proving that she has no criminal record. 11. The Applicant stated that her family are aware of and fully support her intention to adopt the child. She has appointed a relative M W M as the legal guardian for the child. The said legal guardian has signed consent dated 11th January 2023 confirming her willingness to be appointed as the child’s legal guardian. Based on the above I am satisfied that the Applicant is suitable adoptive parent. 12. The subject child is believed to have been born on 11th December 2023. Shortly after her birth the child was abandoned outside the gate of Kenya Connection Kids R Childrens Home. A social worker at the home rescued the baby and the matter was reported to Chuka Police Station vide OB Number 22 of 13th December 2023 and the baby was taken to the Chuka Referral Hospital for examination. 13. On 15th December 2023 the Chuka Childrens Court Committed the child to Neema Infant Rescue Centre as a child in need of care and protection. On 19th December 2024 the child was placed into the custody of the Applicant under a Foster Care Agreement. 14. 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.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3818/eng@2026-03-19 2

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15. The subject was found abandoned at birth at R in Meru County within the Republic of Kenya. I therefore declare the child to be a Kenyan Citizen by birth. 16. Efiorts by police to trace the biological mother of the child have borne no fruit. To date no person has come forward to claim the child. A final police letter dated 14th December 2024 (Page 33) is proof of this fact. 17. 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. 18. 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. The best interests of the child shall be the primary consideration.” [Own emphasis] 19. 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. 20. I was able to see the child in court. She was a healthy happy little girl who readily answered all questions put to her. The child was smiling and at ease. The child is obviously well cared for and is happy in her environment. 21. The childrens officer conducted a Home Visit on 12th February 2026. The Applicant resides in Rumuruti area of Laikipia County. They reside in one bed-roomed house. The home was well furnished and was found to be suitable for raising a young child. 22. The child has lived with the Applicant since she was five (5) years old - a period of one (1) year. She has undoubtedly bonded with the Applicant whom she recognizes as her mother. 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 Children Services. All three reports were positive and all recommend the adoption. 23. 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 Applicant Z W is authorized to adopt the child known as BABY B M. 2. Upon adoption the child will be known as D L L. 3. The child is declared to be a Kenyan citizen by birth and is entitled to all the rights and benefits in respect thereof. 4. M W M is appointed as the legal guardian of the child. 5. The Registrar-General is directed to make the relevant entry in the adopted childrens register. (6) No orders on costs. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3818/eng@2026-03-19 3

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DATED IN NYERI THIS 19TH DAY OF MARCH 2026. ………………………………. MAUREEN A. ODERO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3818/eng@2026-03-19 4

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