High Court 3912 of 2026

3. Further the applicants states that they were approved as adoptive parent by the case committee of a duly registered and approved adoption society; the child was found abandoned and the whereabouts of the biological parents or guardian remain unknown as tracing them have proven futile. 4. The application is supported by the Applicant’s joint statement dated 28th January 2025, in which they affirm that they are Kenyan citizens and of sound mind both aged 53 years old. They jointly filed the application for adoption as husband and wife noting that they do not have a biological child of their own. They expressed their desire to parent a child and confirmed that they have bonded with the child for a period of two and half years They described the period as enjoyable, fulfilling and amazing as the family feels complete. They urge that granting the adoption order would serve the best interest of the child and benefit all parties involved. 5. The applicants further stated that they have met all the legal prerequisites set out for adopting a child. 6. From the statement, the applicants are engaged in entrepreneurship and have demonstrated financial capability to provide for the child. Copies of their bank statement were submitted in support. They do not suffer from any ailment and are both physically and emotionally fit to provide parental guidance to the child. Police clearance certificate provided confirm that they have nil criminal record, have never been charged with or convicted of any criminal offence under the Third Schedule of the Children’s Act. 7. The applicants have proposed that MM be appointed as Legal Guardian of the child, in the event they are incapacitated or otherwise unable to discharge parental obligations before the child is of the age of majority. 8. The child is of male sex presumably born on or about 26th September 2018. The child was left with a good Samaritan on 26th September 2020 at Manyatta Market Area in Likoni, Mombasa County. The good Samaritan reported the child as abandoned at Likoni Police Station where it was booked under OB No 81/26/09/2020. The child was identified as being in need of protection and care and was referred to the Children Welfare Society Kenya and placed at CWSK Mji wa Salama for care and protection pursuant to the Tononoka Children’s Court Protection and Care Case No 003 of 2020. 9. In accordance with section 156(1) of the Children Act, the Children Welfare Society Kenya, a registered Adoption Agency declared the child free for adoption and issued a Certificate Serial No XXXX dated 4th November 2024 declaring the child free for adoption. This certificate was submitted to the court together with a report dated 16th June 2025, confirming that the applicants underwent interviews, home assessment, and pre-placement counselling and were found fit to adopt. The report further confirmed that all legal requirements for adoption to had been fully met and that adoption would be in the child’s best interest. Additionally, the officer confirmed that the child was placed in the applicant’s care on 19th January 2024 and has since remained with them. The child’s current name is CMM. 10. The Children Department, through the Sub-County Children Officer, Machakos testified before court and reiterated the contents of their report dated 30th September 2025 filed in court. The officer observed that the child had been declared free for adoption; the bonding process had been successfully; the applicants are hardworking and capable of providing for the minor; they are committed Christians who will instil christian values upon the child; they enjoy support from their immediate family, they have no criminal record and that adoption is in the best interest of the minor, who will grow up in a family environment rather than in an institution. 11. The guardian ad litem besides testifying in court, also filed a detailed report dated 5th August 2025 recommending that the adoption orders be granted. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3912/eng@2026-03-12 2

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12. From the record before court, the minor is an abandoned child who has been declared free for adoption by an adoption agency. The bonding process between the applicants and the child has taken place successfully. The applicants enjoy the support of their family members and the minor has fitted well in the family, appearing happy and contented. The applicants’ have the means and resources required to provide the minor with a good and quality life. They are Christian and already raising the child in accordance with the Christian values. It is therefore in the best interest of the minor to grow up in a family environment as opposed to a care institution. 13. I have considered the summons, the affidavits in support together with the annexures as well as the evidence on record to determine whether the applicant are suitable adoptive parent. 14. Section 181 (1) of the Children’s Act, 2022 provide that-“Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was or was not born in Kenya.” 15. The applicants are Kenyan citizens and the child is above six (6) weeks and below 18 years which is the requisite age bracket for adoption under see Section 184 (1) of the Children’s Act). 16. The applicants have been assessed and evaluated by various stake holders and found suitable to adopt having met all the prerequisite for adoption. This include, that they are financially stable, physically, mentally, morally, socially and emotionally fit. They have no criminal record and understands and appreciate the consequences of adoption. They have received support from their families and the bonding process was confirmed to have been successful. 17. In the circumstances, I find that the applicants have met the necessary legal requirements and is fit to adopt the baby. 18. The Applicants proposed MM be appointed as Legal Guardian of the child 19. . The said legal guardian is a sister to the 2nd applicant and a sister-in-law to the 1st applicant. She signed a consent and filed an affidavit dated 28th January 2025. She also testified before court, confirming that she is aware of the roles and obligations that come with appointment of a legal guardian. She stated that she has not been coerced and is willingly to take up the role and responsibilities. 20. Article 14 (4) of the Constitution provides as follows: A child found in Kenya who is, or appears to be, less than 8 years of age, and whose nationality and parents are not know, is presumes to be a citizen by birth. 21. The child was found abandoned within the Republic of Kenya one year after birth. I, therefore, declare that the child is a citizen of Kenya by birth. 22. From the records and evidence presented before this court, all efforts by the police to trace the child’s parents/relatives have borne no fruit, and no one had come forth to claim the baby. Consequently, there exists no known person from whom consent for this adoption can be sought and/or obtained. I, therefore, waive this requirement in line with section 185 (4)(b) of the Children Act. 23. The main factor for consideration before making any decision affecting affairs of a child is the child’s best interest. This principle is articulated under Article 53(2) of the Constitution and Section 4(2) and (b) of the Children’s Act. Article 53(2) provides: A child’s best interests are of paramount importance in every matter concerning the child. 24. In accordance with Section 8 of the Children Act, the court is required to take into account the best interest of the child in all matters concerning their welfare. In this case, the child was abandoned months after birth and subsequently faced an uncertain and potentially unstable future in a children’s https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3912/eng@2026-03-12 3

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home or similar care institutions. The proposed adoption presents a significant opportunity for the child to grow up in a stable loving and supportive family environment. This is not only beneficial for the child’s emotional and psychological development but also in line with the recommendation made by the Children Officer who emphasized the importance of such an environment for the child’s wellbeing. 25. I have carefully considered the Reports submitted by the Adoption Agency, the Guardian ad Litem, the Director of Children Services. All these reports were positive and recommended the adoption. Additionally, I had the opportunity to personally observe the child in the presences of the applicant. The child was at ease and interacted comfortably with the applicants. It is my view therefore that the applicants are capable of nurturing and providing a home where the child’s needs will be well met. 26. The upshot of the above is that the Originating Summon dated 28th January 2025 is hereby allowed in the following terms; i. That the BMM and EMM be allowed to adopt the child currently identified as Baby DA. ii. Upon adoption, the child shall be renamed as CMM. iii. The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws; iv. MM be appointed as Legal Guardian of the child, v. The Guardian ad Litem is hereby discharged; vi. That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register; DATED, SIGNED AND DELIVERED AT MACHAKOS THIS 12TH DAY OF MARCH 2026. RHODA RUTTO JUDGE In the presence of; ………………………………….Applicants Selina Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3912/eng@2026-03-12 4

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