In re Baby SM (Adoption Cause E012 of 2025) [2026] KEHC 6484 (KLR) (14 May 2026) (Judgment) Neutral citation: [2026] KEHC 6484 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS ADOPTION CAUSE E012 OF 2025 JWW MONG'ARE, J MAY 14, 2026 IN THE MATTER OF BABY SM -ANDIN THE MATTER OF AN APPLICATION FOR ADOPTION BY MMM - APPLICANT IN THE MATTER OF MMM .......................................................................................................... APPLICANT JUDGMENT 1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 24th April 2025 and it seeks the following orders; 1. That the Applicant, MMM be authorized to adopt the Child identified as Baby SM. 2. That the child be renamed IMM. 3. That the child’s date of birth be declared to be 12th January 2024 and his place of birth be declared as Kiambu County. 4. That the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired. 5. That consent of the biological parents/guardians be dispensed with. 6. That the guardian ad litem be discharged, and MNM be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations. 7. That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6484/eng@2026-05-14 1
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8. That this Court do issue such further orders as are in the interest of justice. 2. The Applicant is a single Kenyan lady residing in Machakos County. She hails from Mwingi, Kitui County. She is gainfully employed as a teacher who earns a decent income hence has the means to provide for the child. She has had a custody of the child since 6th December 2024. The child is 2 years old having been presumably born on 12th January 2024. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt. 3. BABY SN is a male Child presumed to have been born on 12th January, 2024. The child was found abandoned by members of the public at a roadside along Kahawa Sukari -Mwihoko Road, Ruiru sub-County, Kiambu County, by an unknown person on 26th January 2024, aged approximately two weeks. She was brought to Ruiru Level-4 Hospital and was determined to be generally in good health. The matter was reported at Kahawa Sukari Police Station and recorded vide OB No. 20/25/01/2024 and 17/25/01/2025. The matter was also referred to the Sub-County Children’s Office, Ruiru. That on 26th January 2024, the child was placed temporary at New Life Home Trust for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Ruiru Vide Care and Protection MCP&CCO/E 007/2024 on 4th April 2024. However, Kahawa Sukari Police Station confirmed by their final letter dated 18th September 2024, that efiorts to trace the child’s relatives were fruitless. The Child was freed by the Kenya Children’s Homes Adoption Society on 20th November 2024 vide their freeing certificate serial No. 1026 pursuant to section 156(1) of the Children’s Act,2001. 4. That the Applicant approached Kenya Children’s Homes Adoption Society on 19th January 2024 with the aim of being placed with a male child below two years from any home with a view to adopting. 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. 09xxxxxx. The child was placed with the Applicant on 6th December, 2024. 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 3rd October 2025 from Machakos County Coordinator-Children’s Services confirmed that the Child and the Applicant have 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 21st August 2025, from Guardian Ad litem also recommends the adoption. 6. Proposed Legal Guardians MMM the Applicant’s relative consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, she 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 https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6484/eng@2026-05-14 2
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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 two weeks after birth. 1. 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.” 2. 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, MMM is hereby allowed to adopt Baby SM, a minor. b. Henceforth, the child shall be known as IMM c. His date of birth shall be 12th January, 2024. d. He is presumed to be a citizen of Kenya by birth. e. MNM is 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 Services is authorised to issue the child with a Kenyan Passport when necessary. i. The guardian ad litem is hereby discharged forthwith. It is so ordered. DATED, SIGNED AND DELIVERED AT MACHAKOS THIS 14TH DAY OF MAY 2026 J.W.W. MONGARE JUDGE In the Presence of 1. Ms. Irene Mbuvi For the Applicant 2. Abdisalam-Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6484/eng@2026-05-14 3
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