High Court 5225 of 2026

love children and would like to provide a loving home to a needy child. They 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. The child is 4 years old. 3. Baby RA (a female minor herein) is presumed to have been born on 27th December, 2021. The child was found abandoned beside a pit latrine in Kiserian Township by a Good Samaritans. A report was made at Kiserian Police Station Vide OB Number xx/xx/2022. That on the same day, the child was referred to Mission 180 Children’s Home for temporary care and protection. That on 25th August 2023, Children’s Court sitting in Kajiado committed the child to the same Children’s Home Vide C&P Case Number E062 of 2023. Consequently, a police letter dated 6th January 2023, confirmed that efiorts to trace the mother and relatives were futile. 4. That after the Applicants made decision to adopt, they approached Buckner Kenya Adoption Service on 17th April, 2024. They were taken through an explanatory memorandum and their duly signed Certificate of Acknowledgement were obtained. Consequently, the adoption Society Committee held on 21st February 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 0948 with accordance with Section 156 (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 25th February, 2026 from Children’s Officer stating that after observation, there was a strong bond between the Applicants, their son and the minor, the Applicants are socially 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-MOxxxx9 and PCC-PxxxxK.The Officer asserted 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 2nd March, 2026 from Guardian Ad litem recommended the Applicants to adopt the child. 6. PC a relative to the Applicants consented to be appointed Legal Guardian in the event the Applicants are unable to discharge their responsibilities as she will assume full parental responsibility according to adoption orders. 7. The Court also interviewed the minor and it was evident that the minor recognized the Applicants as her parents. 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) (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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5225/eng@2026-04-24 2

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ii. (3) 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 Ordersthat; a. The Applicants, TKT and JCK are hereby allowed to adopt Baby RA. b. Henceforth, the child shall be known as JJK. c. Her date of birth shall be 27th December, 2021. d. She is presumed to be a Citizen of Kenya by birth. e. PJ is hereby appointed as Legal Guardian 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. 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5225/eng@2026-04-24 3

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Ms. Adhiambo holding brief for Moranga for Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5225/eng@2026-04-24 4

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