High Court 5153 of 2026

love children and would like to provide a loving home to a needy child. The love they have for the children is evidenced as they have been blessed with one adopted child, TKM aged 4 years, 7 months whom the Applicants adopted pursuant to the orders issued by this Court on 22nd June, 2023 in Adoption Cause No. E XXX of 2022. They fully understand the legal implications of the adoption order as they are aware that the child will have full rights as would a biological child and the order is not reversible. They have had the child in their custody for 8 months. The child is 2 years, 7 months old. 3. Baby GM aka AW is a female minor presumed to have been born on 31st July, 2023 at Tigoni Level 4 Hospital to Grace Murugi Njeri where she abandoned the child. The Duty Nurse noticed that the child mother was missing and efiorts to trace the mother were fruitless. A report was made at Tigoni Police Station Vide OB Number XX05/08/23. That on 6th September 2023, the child was referred to Limuru Children’s Centre for temporary care and protection. Thereafter, Children’s Court sitting in Limuru committed the child to Limuru Baby Centre on 2nd November, 2023 Vide C&P Case Number E025 of 2023. Subsequently, the Children’s Office apprised the Court that Limuru Children’s Centre had successfully traced the biological mother. As a result, the matter was reclassified from abandonment to a mother-ofier, as the biological mother expressed her inability and unwillingness to resume care of the child, citing that she was single-handedly caring for three other children. That on 21st November, 2024, Limuru Children Centre referred the Biological mother to Buckner Kenya Adoption Services. She was taken through the Explanatory Memorandum for Adoption and swore and signed the final consent on 17th April, 2025 pursuant to Section186 (8) (a) of the Children Act. 4. That after the Applicants made decision to adopt, they approached Buckner Kenya Adoption Service on 19th July, 2024. They were taken through an explanatory memorandum and their duly signed Certificate of Acknowledgement was obtained. Consequently, the adoption Society Committee held on 29th May 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number XXXX with accordance with Section 184 (1) (a) of the Children Act, 2022. Thereafter, the minor was placed with the Applicants for the mandatory bonding. 5. Buckner Kenya Adoption Service submitted report in respect of the proposed adoption of the child by the Applicants recommending that this Court allows the Applicants to adopt the child. A favourable report dated 3rd March, 2026 from Assistant Director Children Officer, she noted a strong bond between the Applicants, their son and the minor, the Applicants are socially, financially stable to take good care of the child. The Applicants are clear of any criminal claim as evidenced by Certificates of Good Conduct annexed PCC-3OXXXX and PCC-QAXXXX.The Officer assertion was that the Applicants has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process. Another report dated 13th February, 2026 from Guardian Ad litem recommended the adoption of the child by the applicants. 6. Proposed legal guardians (SGK and EWW) relatives to the Applicants consented to be appointed Legal Guardians in the event the Applicants are unable to discharge their responsibilities confirming that they would assume full parental responsibility according to adoption orders. 7. The Court also interviewed the minor and it was evident that the minor has bonded well with the applicants and her brother. Determination 8. After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by- https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5153/eng@2026-04-24 2

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(1) (2) (3) (a) Sole applicant; or (b) Two spouses jointly. The court shall not make an adoption order in any case unlessi. the applicant has attained the age of twenty-five years, but is not above the age of sixtyfive years; and ii. The applicant, or both of the applicants in a joint application, is more than twentyone years older than the child. The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child. 9. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. The Court is conscious of the law; Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child. 10. 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 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents signed by Applicants 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. The Court observed that the child was comfortable with the Applicants. 11. 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.” 12. This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with ORDERS that; a. The Applicants, BMK and RWM are hereby allowed to adopt Baby GM aka AW. b. Henceforth, the child shall be known as AWM. c. Her date of birth shall be 31ST JULY, 2023. d. She is presumed to be a Citizen of Kenya by birth. e. SGK and EWW 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 to issue a Birth Certificate in respect of the child. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. The guardian ad litem is hereby discharged. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5153/eng@2026-04-24 3

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It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 24TH DAY OF APRIL, 2026. P. M. NYAUNDI JUDGE In the presence of: Fardosa Court Assistant No appearance by parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5153/eng@2026-04-24 4

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