High Court 5184 of 2026

v. The Director of Immigration be authorized to issue the child with a Kenyan Passport. 2. This is a joint application by the Applicants who are Kenyan Citizen residing in Tigoni, Kiambu County. They are legally married and they have been living together as per the annexed copy of Marriage Certificate Serial Number 55XXXX. LNN is an Entrepreneur while FKN is a businessman. They are financially able to take good care of the child. The Applicants are motivated to adopt stems from their desire by the fact that they love children and would like to provide a loving home to a needy child. The Applicants are blessed with three (3) biological children aged 10 years old, 8 years old and 6 years old who have consented to the adoption proceedings. The Applicants fully understands 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. The child is 3 years old. 3. Baby CI a female minor presumed to have been born on 23rd March, 2022. The child was found abandoned at [particulars withheld] near [particulars withheld] within Kiambu County by a Good Samaritan. A report was made at Riabai Police Station vide OB Number XX/23/03/2022. That on 6th April 2022, the child was referred to Kiambu County Level 5 Hospital for medical checkup and treatment and upon been discharged the child was placed on the same day to Limuru Children’s Centre for temporary care and protection. Thereafter, Children’s Court sitting in Kiambu committed the child to the same facility 12th November, 2024 vide C&P Case Number E 021 of 2022. Subsequently, Riabai Police Station confirmed through their final letter dated 25th March 2025, that effort to trace the child’s parents and kindred been futile. 4. That after Applicants made decision to adopt, they approached Kenya Children’s Home Adoption Society on 13th June, 2025. They were taken through an explanatory memorandum and their duly signed Certificate of Acknowledgement was obtained. Consequently, the adoption Society Committee held on 21st May 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 1082 with accordance with Section 156 (1) of the Children Act, 2022. Thereafter, the minor was placed with the Applicants for the mandatory bonding. 5. Kenya Children’s Home Adoption Society 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 report dated 24th February, 2026 from Steven Nyasimi, Sub-County Children Officer Limuru Sub-County observed a strong bond between the Applicants, their children 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-44SE4ENBV and PCC-WWS747V54. The Officer affirmed 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 15th January, 2026 from Guardian Ad litem recommended the Applicants to adopt the child. 6. Proposed legal guardians (IMN and SWK) relatives to the Applicants consented to be appointed Legal Guardians in the event the Applicants are unable to discharge their responsibilities as they will assume full parental responsibilities according to adoption orders. 7. The Court also interviewed the minor and it was evident that the minor identifies both parents by name, identifies the other children of the family and siblings. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5184/eng@2026-04-24 2

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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(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) 12. 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 application with Orders that; a. The Applicants, LNN And FKN are hereby allowed to adopt Baby CI. b. Henceforth, the child shall be known as ITK. c. Her date of birth shall be 23rd March, 2022. d. She is presumed to be a Citizen of Kenya by birth. e. IMN and SWK are hereby appointed as Legal Guardians of the child. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5184/eng@2026-04-24 3

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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. 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/2026/5184/eng@2026-04-24 4

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