Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Original judgment

High Court 12210 of 2026

In re EK (Adoption Cause E001 of 2026) [2026] KEHC 12210 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 12210 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAROK ADOPTION CAUSE E001 OF 2026 CM KARIUKI, J JULY 31, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY EK (E.K.) IN THE MATTER OF TNK ............................................................................................................ APPLICANT JUDGMENT 1. Before this Court is an Originating Summons dated 27th March 2026 brought pursuant to the provisions of the Children Act, 2022. The Applicant, Teresia Njoki Kamau, seeks orders authorising her to adopt the child currently known as Baby EK (E.K.), who upon adoption shall be known as JKN. She further seeks the appointment of RMK as the child's legal guardian in the event of her death or incapacity before the child attains the age of majority. She also prays that the child's date and place of birth be presumed to be 23rd October 2023 at Juja, Kenya. Applicant's Case 2. The application is supported by the Applicant's affidavit sworn on 27th March 2026 together with the documents annexed thereto. 3. The Applicant depones that she is an adult Kenyan citizen holding National Identity Card No. 22686200. She is single and has no biological children. She states that her desire to adopt stems from her love for children and her wish to provide a permanent, loving, and stable family for a child in need of parental care. 4. The Applicant further states that upon making an application to Change Trust Adoption Services, the adoption society undertook the requisite assessments and approved her suitability to adopt. Thereafter, the child was placed in her custody for mandatory foster care with a view to adoption. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12210/eng@2026-07-31 1

page 1 of 3

5. According to the evidence before the Court, the child was voluntarily ofiered for adoption by his biological mother, Brenda Wairimu Mureithi, who expressed that she was unable and unwilling to raise him. Consequently, the matter was referred to the Dagoretti Sub-County Children's Office, and the child was committed to New Life Home Trust, Kilimani, by the Children's Court at Milimani through Protection and Care Case No. Exxx of 2024 on 14th June 2024. 6. The Applicant avers that since the child was placed in her care, she has fully bonded with him and has assumed all parental responsibilities. She further states that both her immediate and extended family members have accepted the child as part of their family. 7. The Applicant confirms that she fully understands the legal consequences of adoption and willingly undertakes to assume all parental rights and responsibilities over the child. 8. She further depones that she is financially stable and capable of providing the child with food, shelter, education, healthcare, and all necessities required for his upbringing. She resides in Narok in a suitable home environment and intends to raise the child within the Christian faith. 9. The Applicant also produced a Certificate of Good Conduct confirming that she has no criminal record that would render her unsuitable to adopt. 10. The evidence further demonstrates that the child was declared free for adoption by Change Trust Adoption Services, which issued the requisite certificate declaring him free for adoption in accordance with the Children Act, 2022. 11. The Applicant also confirmed that no payment or reward has been made or promised in consideration of the proposed adoption. 12. RMK has voluntarily consented to act as the child's legal guardian should the Applicant die or become permanently incapacitated before the child attains the age of eighteen years. 13. The Applicant proposes that upon adoption the child shall be known as JKN. Oral Evidence 14. The Applicant testified before this Court on 20th July 2026 and adopted the contents of her affidavit as her evidence. She reiterated her commitment to providing the child with a loving, secure and permanent home and confirmed that she fully understood the legal implications of adoption. Analysis And Determination 15. The Court has carefully considered the Originating Summons, the supporting affidavit, the oral testimony of the Applicant, the reports filed by the adoption society, the Director of Children's Services, and all the documents placed before it. 16. Under Article 53(2) of the Constitution of Kenya, 2010, the best interests of the child are of paramount importance in every matter concerning the child. Similarly, the Children Act, 2022 requires this Court to determine every adoption application solely on the basis of what promotes the welfare and best interests of the child. 17. The material before the Court demonstrates that the child was lawfully committed to a registered children's home following the voluntary relinquishment by his biological mother. The child was thereafter lawfully declared free for adoption by a duly registered adoption society as required by law. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12210/eng@2026-07-31 2

page 2 of 3

18. The Applicant has satisfied the Court that she possesses the emotional maturity, financial ability, good character, and stable home environment necessary to raise the child. The social inquiry reports presented to the Court are favourable and recommend the proposed adoption. 19. The Court is further satisfied that the mandatory fostering period has been observed and that a strong parent-child bond has developed between the Applicant and the child. The proposed legal guardian has also consented to assume responsibility for the child should the need arise. 20. There is no evidence before the Court suggesting that the proposed adoption is motivated by any improper purpose or that granting the orders sought would be contrary to the child's welfare. 21. This Court is therefore satisfied that the proposed adoption will secure for the child the permanency, love, care, protection, and stability contemplated under the Constitution and the Children Act, 2022. The adoption is manifestly in the best interests of the child. Orders 22. 23. Consequently, the Court makes the following orders: a. The Applicant, Teresia Njoki Kamau, is hereby authorised to adopt the child currently known as Baby EK (E.K.). b. Upon adoption, the child shall henceforth be known as JKN. c. The child's date of birth shall be presumed to be 23rd October 2023, and his place of birth shall be Juja, Republic of Kenya. d. RMK is hereby appointed the legal guardian of the child to assume parental responsibility in the event of the Applicant's death or permanent incapacity before the child attains the age of eighteen (18) years. e. The Registrar-General shall make the appropriate entry in the Adopted Children Register in accordance with the Children Act, 2022. f. The Director of Immigration Services shall, where necessary, issue the child with the appropriate identity and travel documents. g. The Guardian ad Litem is hereby discharged. It is so ordered. DATED, SIGNED AND DELIVERED AT NAROK THIS 31ST DAY OF AUGUST, 2026. CHARLES M. KARIUKIJUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12210/eng@2026-07-31 3

page 3 of 3

A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.