In re Baby JAMM (Adoption Cause E332 of 2025) [2026] KEHC 5173 (KLR) (24 April 2026) (Judgment) Neutral citation: [2026] KEHC 5173 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) ADOPTION CAUSE E332 OF 2025 PM NYAUNDI, J APRIL 24, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY JAMM AND IN THE MATTER OF MWN .......................................................................................................... APPLICANT JUDGMENT 1. Vide application filed by the Applicant on 14th October, 2025 seeks the following orders that:a. She be authorized to adopt Baby JAMM, a minor who shall be known as JWN. b. The Registrar General be directed to enter this adoption into the Adopted Children’s Register. c. The minor be presumed to be a Kenyan Citizen born in Kenya. d. PNN and ZKK be appointed as the Legal Guardians of the minor. 2. The Applicant is a single Kenyan lady residing in Nairobi County. She is a Banker hence the means to provide for the child. She has had a custody of the child since 25th July, 2025. The child is 1 year, 8 months old. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt. 3. Baby JAMM is a female Child presumed to have been born on 25th July, 2024. The child was abandoned by her biological mother in the New Born Unit without any notice. The matter was reported at KNH Police Post and recorded vide OB No. XX/04/09/2024. That on 8th September 2024, the child was placed temporary to New Life Home Trust for care and protection. Thereafter, the child was committed to the same facility through the Children’s Courts in Nairobi Vide Care and https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5173/eng@2026-04-24 1
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Protection MCP & CCO/E 588/2024. Consequently, Kenyatta Police Post confirmed by their letter dated 15th May 2025, that efiorts to trace the child’s mother or kindred were fruitless. 4. Further, the Applicant approached Buckner Kenya Adoption Services on 3rd October 2024, she was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement dated 2nd October 2024, duly signed and thereafter the child was declared free for adoption by the case committee on 15th November 2024, vide freeing Certificate Serial No. XXXX. The child was placed with the Applicant on 25th July, 2025. 5. The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 19th February, 2026 from SubCounty Children’s Officer Ruiru-Sub County confirmed that the Child and the Applicant has bonded well, she is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by annexed copy of her certificate of good conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 14th March 2026, from Guardian Ad litem JM also recommends the adoption. 6. Proposed Legal Guardians PNN and ZKK Applicants’ relatives consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, they will assume full parental responsibilities according to adoption orders. Determination 7. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. The love the Applicant has for the children is unconditional, her desire is driven by the fact that she want to expand her family and give a child a family and an environment where she can grow in and feel loved. It is also evident that the Applicant has support from her famiy. 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. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned at birth. 8. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4) 9. 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.” This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicant’s application that; a. The Applicant, MWN is hereby allowed to adopt Baby JAMM a minor. b. Henceforth, the child shall be known as JWN. c. Her date of birth shall be 25th July, 2024 at Mbagathi District Hospital in Nairobi County https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5173/eng@2026-04-24 2
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d. She is presumed to be a citizen of Kenya by birth. e. PNN and ZKK are hereby appointed as legal guardians of the child f. The Registrar General to enter this order in the Adoption Children’s Register. g. The Registrar General is authorised to issue the child with Birth Certificate. h. The Director Immigration is authorised to issue the child with a Kenyan Passport. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 24TH DAY OF APRIL, 2026. P. M NYAUNDI HIGH COURT JUDGE In the presence of: Fardosa Court Assistant No apppearance by parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5173/eng@2026-04-24 3
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