In re EZ (Adoption Cause E318 of 2025) [2026] KEHC 4093 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 4093 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E318 OF 2025 SN RIECHI, J MARCH 19, 2026 IN THE MATTER OF ADOPTION OF EZ IN THE MATTER OF EMK ...................................................................................................... 1ST APPLICANT LWN .................................................................................................... 2ND APPLICANT JUDGMENT 1. The Applicants EMK and LWN are in a monogamous marriage which was solemnized on 27th April 2017 at the Registrar of Marriage’s office as evidenced by a copy of Marriage Certificate serialized number 26XXXX attached to the application. 2. The male applicant EMK is a Kenyan citizen aged 43 years years old having been born on 30th April 1982 as evidenced by a copy of his national identification card number 22XXXX attached to the summons. The female applicant is a Kenyan citizen aged 35 Years old having been born on 22nd September,1989 as evidenced by a copy of her national identification card number 28XXXX attached to the application. 3. The applicants t wish to adopt a male child known as EZ through an originating summons dated 18th June 2025. 4. From evidence on record, the male applicant is a Military Officer nad the 2nd applicant is self employed as a business woman. The applicants reside in Ongata Rongai. They both profess Christian Faith. 5. The evidence on record indicates that the Child was found abandoned by a good Samaritan at Katani area. The matter was reported to Mavoko SNP Police Station where it was recorded as OB Number 04/24/01/2024 as evidenced by a copy of statement attached to the application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4093/eng@2026-03-19 1
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6. From the evidence on record this court finds that the Athi-River Sub County Children Office sought temporary placement of the child at Mahali Pa Maisha Infant Rescue Center as evidenced by admission form attached to the application. 7. The child was later on committed for fostering at Mahali Pa Maisha Infant Rescue Center by Mavoko Children’s Court through Care and Protection case number E014 of 2024 as evidenced by committal order attached to the application. 8. The OCS, Mavoko SNP 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. 9. Prior to the hearing of the adoption application, Change Trust Adoption Society prepared and filed a report dated 29th May 2024 . They also issued a Certificate serialized 00794 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. 10. The applicants stated that they do not have previous criminal record and no pending criminal prosecution as evidenced by a copies of police clearance certificate attached to the application. 11. The applicants stated they are physically and emotionally fit and healthy to parent, love and care for the child as evidenced by copies of their Medical report attached to the application. 12. The applicant stated they are financially stable and therefore able to provide fully for the child’s need as evidenced by copies of their financial documents attached to the application. 13. The guardian ad litem Mr. SMM filed a report dated 12th January 2026 which was favourable and recommended the adoption of the child by the Applicants. 14. Ms. Cythia Bori Bongo a children officer from Children Services Department conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 15th January,2026 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and that the Applicants have fulfilled the statutory requirements. 15. Mr. AKN consented to be appointed as legal guardian of the child and he signed and filed their letter of consent attached to the application. 16. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. 17. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act,2022. I find that it is in the best interest of the child to be adopted by the Applicants. I therefore allow the prayers sought in the originating Summons dated 22nd October,2025 and Order as follows: i. The Applicants EMK and LWN are hereby authorized to adopt EZ. ii. The child shall henceforth be known as AKM. iii. Mr. AKN is hereby appointed the legal guardian of the child. iv. The Registrar General is directed to enter this Order in the Adopted Children Registry. v. The guardian ad litem is hereby discharged. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4093/eng@2026-03-19 2
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DATED AT NAIROBI THIS 19TH DAY OF MARCH 2026. S. N. RIECHI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4093/eng@2026-03-19 3
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