In re KL (Adoption Cause E202 of 2025) [2026] KEHC 5215 (KLR) (Family) (24 April 2026) (Judgment) Neutral citation: [2026] KEHC 5215 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E202 OF 2025 PM NYAUNDI, J APRIL 24, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022 AND IN THE MATTER OF BABY KL IN THE MATTER OF HMN ........................................................................................................... APPLICANT JUDGMENT 1. Vide application filed by the Applicant on 7th July, 2025 seeks the following orders that:a. She be authorized to adopt BABY KL, a minor who is to be known as MKN and the Registrar general be directed to enter this adoption into the register of Adoptions. b. The ENO & ENM be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya. 2. The Applicant is a single Kenyan lady residing in Nairobi County. She is a businesswoman who earns a decent income hence the means to provide for the child. She has had a custody of the child since October, 2022. The child is 5 years 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 KL is a female Child presumed to have been born on 10th October, 2020. The child was abandoned by her biological mother CKK at [Particulars Withheld] Maternity Hospital. The matter was reported at Shauri Moyo Police Station and recorded vide OB No. xxx/18/11/20. That on 10th December 2020, the child was placed temporary at Mogra Rescue Centre for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Nairobi https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5215/eng@2026-04-24 1
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Vide Care and Protection MCP&CCO/E 661/2021. However, Shauri Moyo Police Station confirmed by their final letter dated 25th January 2022, that efiorts to trace the child’s relatives were fruitless. 4. That the Applicant approached KKPI Adoption Society on 3rd October 2024, she was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement duly signed and thereafter the child was declared free for adoption by the case committee on 26th January 2022, vide freeing Certificate Serial No. xxx. The child was placed with the Applicant on 2nd September, 2022. 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 24th February, 2026 from Assistant Director of the Children’s Services 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 22nd September 2025, from Guardian Ad litem also recommends the adoption. 6. Proposed Legal Guardians ENO and ENM Applicant’s 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 responsibility 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. 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)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.” 9. 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, HMN is hereby allowed to adopt Baby KL a minor. b. Henceforth, the child shall be known as MKN. c. Her date of birth shall be 10th October, 2020. d. She is presumed to be a citizen of Kenya by birth. e. ENO and ENM are hereby appointed as legal guardians of the child f. The Registrar General to enter this order in the Adoption Children’s Register. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5215/eng@2026-04-24 2
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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 Ambaka for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5215/eng@2026-04-24 3
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