https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7688

In re OM (Minor) (Adoption Cause E002 of 2026) [2026] KEHC 7688 (KLR) (3 June 2026) (Judgment) Neutral citation: [2026] KEHC 7688 (KLR) Republic of Kenya In the High Court at Embu Adoption Cause E002 of 2026 RM Mwongo, J June 3, 2026 IN THE MATTER OF THE ADOPTION OF BABY O.M. (MINOR) In the matter of JOO 1st Applicant EMO 2nd Applicant Judgment 1.Vide originating summons dated 16th January 2026, the applicants seek the following orders from this court:1.That the Applicants be authorized to adopt the child currently identified and known as Baby OM (Minor);2.That the minor will henceforth be known as JBO;3.That the Registrar General be directed to enter this adoption into the Register of Adoptions;4.That the child be presumed to be born in Kenya; and5.That JMO and LNN be appointed as Legal guardians for the child. 2.The OS is accompanied by a statement by the applicants stating that they have known each other from 2008 and they got married in 2013. They have one biological child and they wish to adopt Baby OM to raise him as their own child. They sought the assistance of Buckner Kenya Adoption Services through whom the child was identified. In July 2025, the child was placed under their care and they have been living with him since then. They stated that they fully understand their obligations as adoptive parents and they have the support of their nuclear and extended families. The Applicants’ Background 3.The applicants are 50 and 39-year-old husband and wife, respectively, who profess the Christian faith. The 1st applicant is employed and he earns an income of Kshs.38,000/=. The 2nd applicant is a housewife. They are confident that they have the financial means to take care of the child if an adoption order is made. They live and work in Embu, and are interested in adopting the child whom they have fostered since July 2025. They profess Christian faith and they have never been convicted of any criminal offence. They understand what it means to adopt the minor and the obligations that come with that responsibility. Background of the child 4.The child was found abandoned at Spring Valley in Kayole by good Samaritans on 28th July 2023 aged approximately 7 days. The incident was reported at Kayole police station and an OB number issued. The child was taken to Imani Children’s Home through a court order issued at Milimani Children’s Court vide P&C Case No. 266 of 2025. 5.A search of the child’s parents remained unfruitful and the police issued a final report indicating that the child’s parents could not be traced, the child remaining unclaimed. Buckner Kenya Adoption Agency declared the child free for adoption vide a Certificate of Declaring a Child Free for Adoption dated 22nd July 2025. Guardian Ad Litem 6.The application for adoption was accompanied by Chamber summons of even date seeking that DMN be appointed as Guardian ad litem. The application was allowed through an order of the court issued on 04th March 2026. DMN was thus appointed Guardian ad litem in accordance with section 188(1) of the Children Act. The court also ordered that the secretary of Children’s services files a report and the appointed Guardian ad litem file his report. Report by the Guardian ad litem 7.In accordance with section 188(2)(b) of the Children Act, the Guardian ad litem filed a confidential report dated 10th April 2026 in court. In it, he confirmed his understanding of the case and highly recommended the applicants as adoptive parent to the child. He stated that the applicants have one biological child who is currently studying at the KMTC in Embu. That the applicants’ family is supportive of the adoption and the applicants understand their role and obligations as adoptive parents to the child. in addition, the child had bonded well with the family. Report by the Secretary, Children Services 8.Section 184(4) of the Children Act requires that the Office of the secretary of Children Services shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings. In compliance with this provision, the Directorate of Children’s Services filed a report dated 09th April 2026. The report stated that the applicants are financially stable and they have a few assets in their names. Following a home visit, it was established that they live in a safe and comfortable home which is conducive for raising the child. The applicants have 1 biological child who is an adult. They live with the child who was already placed under their care and they have bonded well. Suitability of the applicant for adoption 9.Section 186(1) and (2) of the Children Act provides for who may adopt a child, as follows:“(1)The Court may make an adoption order on application by—(a)a sole applicant; or(b)two spouses jointly.(2)The Court shall not make an adoption order in any case unless—(a)the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and(b)the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.” 10.The applicants fulfill the conditions set in these provisions since they are within the allowable age bracket and are 25 years older than the child. They are also Kenyan citizens. Therefore, this is a local adoption. Best interest of the child 11.A child’s best interests are of paramount importance in every matter concerning the child. This is the dictate of Article 53(2) of the Constitution. Section 4(2) of the Children Act also elevates the best interest of the child and provides:“Despite subsection (1), a provision in another legislation on children matters may prevail if it offers a greater benefit in law to a child.” Report of the Child Adoption Society 12.Section 185(2) of the Children Act requires that an application for adoption be supported by a report of a duly registered adoption society. In this case, Buckner Kenya Adoption Agency filed a report detailing the circumstances of the child since he was rescued by Good Samaritans to the current proceedings. Since the child was abandoned, efforts were made to try and trace the child’s family but none of the efforts bore fruit. 13.The Adoption Society prepared the necessary documentation and declared the child free for adoption in accordance with section 184(1)(a) of the Children Act in the absence of adoption regulations under the Children Act, 2022. Conclusion and Disposition 14.The documentation presented in court regarding the adoption of the child qualifies his adoption by the applicants. The applicants also meet the legal requirements necessary to enable them to adopt the child. 15.In this court’s view, it is in the best interest of the child that he be adopted by the applicants. 16.Accordingly, therefore, the prayers sought are granted as follows:1.This adoption is deemed to be a local adoption;2.The applicants be and are hereby authorized to adopt Baby OM.;3.Hence forth, Baby OM shall be known as JBO;4.The Registrar General shall make the appropriate entry regarding the adoption of JBO in the Adopted Children’s Register;5.The Registrar shall issue to the applicants with a certified copy of the entry pursuant to Order 4 herein in the Adopted Children Register, upon payment of the prescribed fee;6.The child JBO is presumed to be a Kenyan citizen born in Kenya;7.The Registrar shall issue the applicants with a Birth Certificate for JBO.8.The Guardian ad litem is hereby discharged; and9.JMO and LNN are hereby appointed Legal guardian of the child JBO. 17.Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 3RD DAY OF JUNE, 2026.................................R. MWONGOJUDGEDelivered in the presence of:Mr. Oduor for ApplicantsFrancis Munyao - Court AssistantAdptn Cause No.E002 of 2026 In the matter of Adoption of Baby O.M {Judgment} [R. Mwongo, J Page 3 of 3