High Court 5726 of 2026

4. The child was committed to Neema Infant Rescue Centre on March 17, 2023 in Care and Protection Case No. E013 of 2023 by the Chief Magistrate at Maua Law courts. 5. Subsequently, the two Applicants were approved to adopt the child by the case committee of Buchner Kenya Adoption Services on October 6, 2023. The child has been in the Applicant’s care ever since and is now three years three months old having been born on January 6, 2023. The Applicants 6. The Applicants are Kenyan citizens, both aged 54 years old residing in [Particulars withheld], Murang’a County. ZWW is a businessman engaged in the buying and selling food staff while LWM is employed as a Tea Processor by [Particulars withheld and posted at [Particulars withheld] Factory. Their union was not blessed with any children. 7. The Applicants stated that they profess the Christian faith and religion. They confirmed that they are financially capable of taking care of the child and that they understand the implications of an Adoption Order and that the same is not reversible. The Adoption Application 8. I have considered the Summons, the evidence on record, as well as the various reports filed. The duty of this Court is to analyze the material before it to determine whether the Applicants are suitable adoptive parents. The Applicants stated that the adoption will be in the best interest of the child since he was abandoned by his mother who has never showed up to claim him three years later. That they are financially sound and able to meet the child’s physical and emotional needs. That they have lived with the child uninterrupted for three years and have bonded well. Finally, they deposed that they have been vetted and approved as the child’s prospective adoptive parents by the case committee of the adoption Society under the Directorate of children services. 9. The Application was supported by a statement in support of an Application for an Adoption order and Affidavit of even date vide which they adduced evidence of their income through bank statements, Certificate of marriage, clearance by Buckner Adoption Services, Police Clearance Certificates as well as recommendations from the Church, friends and family, all pursuant to the provisions of The Children (Adoption) Regulations, 2020. These demonstrate that the Applicant is financially, socially, physically and mentally fit to adopt the child. 10. Additionally, pursuant to section 186 of the Children Act, the Applicant provided Affidavit of Guardian ad litem from agreeing to be appointed as the legal guardians of the child in the event that anything happens to the child. 11. From the evidence availed, I am satisfied that the Applicants are suitable adoptive parents. 12. The legal framework of Adoption in Kenya derives form Article 14(4) of the Constitution which provides that 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. In the instant case, the child herein was found abandoned was abandoned by the mother who left him in the hands of a stranger on the pretext that she was going to ease herself but did not return. By virtue of Article 14(4), the child is a citizen of Kenya by birth. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5726/eng@2026-04-30 2

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13. This court is also obligated under section 8 of the Children Act to decide in the best interest of the child. The Act provides: “ In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies– a. The best interests of the child shall be the primary consideration; b. The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule 2. All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to: a. c. Safeguard and promote the rights and welfare of the child; b. Conserve and promote the welfare of the child; and Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest” 14. This court has taken into account the Reports filed by the Adoption Agency dated November 4, 2025, the Guardian ad Litem dated October 31, 2025, and the Director of Children Services dated October 30, 2025, which were positive and recommended the adoption. Considering that the child in question was abandoned by its biological parent, his adoption will serve his best interest and give him an opportunity for a decent childhood. 15. The requirement for consent of the biological parents pursuant to section 187(1)(a) of the Act, is hereby dispensed with being that the child was abandoned. 16. Based on the foregoing, I hereby allow the Summons and grant orders as follows: i. The Applicants, ZWW and LWM are hereby authorized to adopt the child currently identified as Baby LB, who will henceforth be renamed JWW. ii. The child is declared to be a citizen of Kenya entitled to all the rights and privileges under the Constitution of Kenya and all other laws. iii. ZWW and LWM are appointed as the legal Guardians of the child. iv. The Guardian ad Litem is hereby discharged; v. The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 30TH APRIL, 2026 HON. T. W. OUYA, OGW JUDGE In the presence of: Ms. Kimenyi – Applicants Kelvin/Hamza – Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5726/eng@2026-04-30 3

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