In re R (Adoption Cause E325 of 2025) [2026] KEHC 4060 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 4060 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E325 OF 2025 SN RIECHI, J MARCH 19, 2026 IN THE MATTER OF THE ADOPTION OF BABY R IN THE MATTER OF HIM ............................................................................................................ APPLICANT JUDGMENT 1. The Applicant, HIM is a single applicant. The applicant is aged 33 years old having been born on 23rd June 1992 as evidenced by a copy of her national identification card number 28XXXX attached to the application. 2. The Applicant has not been blessed with a biological child of her own. The applicant now wishes to adopt a male child known as Baby Robert through an originating summons dated 20th November,2025. 3. The Applicant resides in Katani-Syokimau within Machakos County. She professes Christian Faith. 4. The evidence on the record indicates that the applicant is an operational manager at Global Communities within Nairobi County. 5. The evidence before court indicates that the child was found abandoned on 22nd April 2024 at by unknown person at Muthurwa Bridge,Nairobi and was rescued by a good Samaritan one Robert Araka. 6. The matter was reported at Kamukunji Police Station vide OB Number XXXX/2024 and the police acknowledged the said report by issuing an initial police letter dated 24th April,2024 attached to the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4060/eng@2026-03-19 1
page 1 of 3
7. The OCS, Kamukunji Police Station wrote a letter to Nest Children’s Home requesting for placement of the child at the said home for care and protection. The child was admitted to Nest Children’s Home as evidenced by the attached copy of admission form dated 24th April,2024 attached to the summons. 8. From evidence on record this court finds that the child was committed on 4th September, 2024 to Nest children’s home by Milimani Children’s Court vide protection and care file number E4XX OF 2024 as evidenced by attached copy of committal order. 9. The Kamukunji Police Station confirmed that no one went to their station to claim the abandoned child and their efiorts to trace the child's parents/kindred have been futile as evidenced by attached to the application a copy of the final police letter dated 16th Many,2025. 10. The evidence on record indicates that the child was placed with the applicant for fostering pending adoption on 12th August ,2025 as evidenced by copy of care agreement attached to the application. 11. Prior to the hearing of the adoption application, Little Angels Network prepared and filed reports dated 4th September,2025 and 10th July,2025. They also issued a Certificate declaring the child free for adoption as evidenced by the copies of report and certificate declaring a child free for Adoption attached to the application. 12. The applicant stated that she is physically and emotionally fit to parent the child as evidenced by copies of her medical report attached to the application. 13. The applicant stated she is financially stable and therefore able to provide fully for the child’s needs as evidence by copies of her financial statement attached to the application. 14. The applicant stated that she has no previous criminal record and no pending criminal prosecution as evidenced by copy of police clearance certificate attached to the application. 15. The guardian ad litem Ms. Priscila Mawia Mutunga filed a report dated 26th January,2026 which was favourable and recommended the adoption of the child by the Applicant. 16. Ms.Sarah Suhomon, Senior Children’s Officer at Machakos County conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 26th September, 2026 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicant and that the Applicant has fulfilled the statutory requirements. 17. Mr. MAM and CKM consented to be appointed as legal guardians for the child. They signed and filed their joint letter of consent dated 20th November,2025 attached to the application. 18. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child’s biological parents whereabout is unknown. 19. I have examined the evidence herein against the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act,2022. I do find that it is in the best interest of the child to be adopted by the Applicant. I therefore allow the prayers sought in the originating Summons dated 20th November, 2025 and Order as follows: i. The Applicant HIM is hereby allowed to adopt Baby Robert who shall henceforth be known as Reuel Robert Mutogoh. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4060/eng@2026-03-19 2
page 2 of 3
ii. The child’s date of birth shall be 9th April,2024 . She is presumed to be a Kenyan Citizen by birth having been born in Kenya in accordance with Article 14(4) of the Constitution. iii. Mr. MAM and CKM are hereby appointed the legal guardians of the child. iv. The Registrar General is directed to enter this Order in the Register of Adopted Children. v. The guardian ad litem is hereby discharged. DELIVERED AT NAIROBI THIS 19TH DAY OF MARCH 2026 ……..…………………. S.N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4060/eng@2026-03-19 3
page 3 of 3