In re Baby VK (Adoption Cause E019 of 2025) [2026] KEHC 11755 (KLR) (27 July 2026) (Judgment) Neutral citation: [2026] KEHC 11755 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS ADOPTION CAUSE E019 OF 2025 JWW MONG'ARE, J JULY 27, 2026 N THE MATTER OF BABY VK IN THE MATTER OF RJO ....................................................................................................... 1ST APPLICANT LAO ...................................................................................................... 2ND APPLICANT JUDGMENT 1. 2. What is before this Honourable Court for determination is that Applicant’s Originating Summons and it seeks the following orders; 1. That the Applicants, RJO and LAO be authorized to adopt the Child identified as Baby VK. 2. That the child be renamed ETJ. 3. 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. 4. That the guardian ad litem be discharged, and LAO be appointed a legal guardians of the Child. 5. That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register. The Applicants are a Kenyan married couple having solemnised their marriage under the African Christian Marriage Act (CAP 151 – Laws of Kenya on 21st February, 2012 at Power of [Particulars Withheld] Church. They reside at Makadara in Nairobi County. RJO is a businessman while LAO is a banker. Jointly, they have a decent income of approximately ksh.200,000/- hence are able to provide for the child. They have had a custody of the child since 22/11/2022. The child is 4 years old having been born on 13th February, 2022. They fully understand the implications of an adoption order. They do not have any other biological children. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11755/eng@2026-07-27 1
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3. ETJ is a female child born on 13th February, 2022 at Thika level 5 hospital. She was born to VKA following an alleged rape by unknown. Being an orphan, student and jobless she made up her mind not to keep the child once born. She therefore sought advice from Nairobi Women’s hospital where she went on counselling on how she can offer the child up for adoption. She then visited Child Welfare Society of Kenya where she made her request and was taken though the process and she signed the required documents on 24/1/2022. After delivery the child was rescued by Child Welfare Society of Kenya on 17/3/2022 and after having been committed to the same facility on 16/3/2022 under P/C number E017/2022 by the Children’s court at Thika. The mother later did her consent letter dated 14/6/2022 confirming that she understood the effect of an adoption order. 4. The child was declared free for adoption by Child Welfare Society of Kenya who issued certificate no.1xx5 on 24th June 2022. She was then placed with the applicants on 22/11/2022 and she has remained there to date. 5. The Reports filed in respect of the proposed adoption of the child by the Applicants recommends that this Court allows the Applicants to adopt the child. A report dated 7th April, 2026 from County Coordinator Children’s Services, Nairobi confirmed that the Child and the Applicants have bonded well, and the applicants are socially and financially capable of raising the Child. Another report dated 20th September, 2024 by Child Welfare Society of Kenya also recommends the adoption. Determination 6. 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 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. The home visits conducted by the representative of the Department of the Children’s Services established that the Applicants have 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 Applicants. 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 Applicants for this Adoption have been filed. The child was willingly offered for adoption by her own biological mother who did a consent. 7. Article 14 (4) of the Constitution of Kenya 2010 provides that: “ (4) 8. 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 Applicants’ application that; a. The Applicants, RJO and LAO, are hereby allowed to adopt Baby VK, a minor. b. Henceforth, the child shall be known as ETJ c. Her date of birth shall be 13th February, 2022. d. She is presumed to be a citizen of Kenya by birth. e. MAO is hereby appointed as the legal guardian 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/2026/11755/eng@2026-07-27 2
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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 27TH DAY OF JULY 2026 .................................. J.W.W. MONGARE JUDGE In the Presence of; 1. Applicants a. RJO b. LAO 2. Baby VK 3. Guardian Ad litem a. JAO https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11755/eng@2026-07-27 3
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