https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11762
The court found that the child had been abandoned, lawfully placed with the applicants, and that all assessments and reports confirmed the applicants were emotionally mature, financially stable and suitable. On that basis, the court held that the adoption was in the child’s best interests and that the legal...
Source-derived case information.
- Citation
- [2026] KEHC 11762 (KLR)
- Parties
- 1st Applicant: FWK; 2nd Applicant: JKM; Child / Subject of Adoption Cause: Baby W aka S.W.N aka AN
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E006 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption allowed.
- Judges
- ["FN Kyambia"]
- Legal Topics
- Adoption of Abandoned Infant, Best Interests of the Child, Guardian Ad Litem Report, Legal Guardianship, Post Adoption Registration and Documents, Presumption of Kenyan Citizenship by Birth
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
FWK
1st Applicant
JKM
2nd Applicant
Baby W aka S.W.N aka AN
Child / Subject of Adoption Cause
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants met the legal requirements for adoption under the Children Act, 2022
- 2 Whether adoption by the applicants was in the best interests of the child
- 3 Whether the court should grant ancillary orders on legal guardianship, registration, birth certificate and passport
Ratio Decidendi
The court found that the child had been abandoned, lawfully placed with the applicants, and that all assessments and reports confirmed the applicants were emotionally mature, financially stable and suitable. On that basis, the court held that the adoption was in the child’s best interests and that the legal requirements under the Children Act, 2022 had been satisfied, warranting the adoption and related consequential orders.
Court Disposition
Adoption allowed.
Orders
- The applicants are allowed to adopt baby C.E.
- Baby C.E shall henceforth be known as E.S.W.
Full Case Text
Judgment text and source record
1 paragraphs
In re Baby W aka SWN aka AN (Abandoned Infant) (Adoption Cause E006 of 2026) [2026] KEHC 11762 (KLR) (29 July 2026) (Judgment) Neutral citation: [2026] KEHC 11762 (KLR) Republic of Kenya In the High Court at Kiambu Adoption Cause E006 of 2026 FN Kyambia, J July 29, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY W aka S.W.N aka AN ABANDONED INFANT AND IN THE MATTER OF ADOPTION OF BABY W aka S.W.N BY In the matter of FWK 1st Applicant JKM 2nd Applicant Judgment 1.The applicants herein abs Kenyan couple blessed with two children aged 5 years. They filed originating summons dated 17th March, 2026 seeking to be allowed to adopt a female child who was abandoned by her mother F.N on 6th August, 2023. The child was found abandoned by M.M.W who reported the matter to Gakoe police station. 2.The matter was referred to Gatundu North Sub County Children Officer who placed the child at New Life Home Trust and subsequently committed to the same institution vide orders issued by Gatundu Children Court. 3.On 21st November, 2025 the child was placed under the care of the applicants who have since had custody of the minor and the child has bonded well with both the applicants and their family 4.The applicants made an application to Buckner Kenya Adoption Services to be considered to adopt the child. After considering the application and making necessary assessment, the agency approved the application as the child was freed for adoption. 5.Vide orders issued by the court on 21st April, 2026 V.W.M was appointed as guardian ad litem and ordered her to file a report. The Director of Children Services was also ordered to compile the requisite report. Both reports recommended that the applicants to be allowed to adopt the child. 6.The reports found that the applicants were emotionally mature, financially stable with suitable home environment and genuine commitment to providing for the child with permanent parental care. 7.Both the applicants and the child were evaluated by the Buckner Kenya Adoption Services a registered adoption agency. It recommended that the applicants meet the necessary requirements to adopt a child as prescribed under the Children Act, 2022. 8.The court appointed M.M.G as legal guardian who indicated that he understands his obligation and accepted the role of legal guardian voluntarily. 9.The applicants tendered evidence in court. They also availed the Children Officer, a representative from Buckner Kenya Adoption Services, the legal guardian and the guardian ad litem who all confirmed that the applicants were suitable to be allowed to adopt the child. 10.Having evaluated the application and the relevant reports tendered, I find that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated that they understand the effect of adoption order and they have the ability to provide a conducive environment in which the child will develop. They have demonstrated that they will assume all parental responsibility and treat the child as if born of them. 11.I am satisfied that all legal requirements for adoption under the Children Act, 2022 have been met and I make the following orders:a.The applicants are hereby allowed to adopt baby C.E;b.Baby C.E shall henceforth be known as E.S.W;c.The child’s date of birth shall be 4th July, 2023 and shall be presumed Kenyan Citizen by birth and her place of birth shall be Gatundu North Sub County in Kiambu County;d.J.A.O and I.N.M shall be the legal guardian of the child in the event of the death or incapacity of the applicants;e.The Registrar General is directed to enter this adoption order in the Children Adoption Register;f.The relevant department under Civil Registration Services is directed to issue post-adoption Certificate of Birth in respect of the child;g.The Director of Immigration Services is hereby directed to issue the child E.S.W with a Kenyan Passport; andh.The guardian ad litem is hereby discharged. DATED, SIGNED AND DELIVERED AT KIAMBU HIGH COURT THIS 29TH DAY OF JULY, 2026.F.N KYAMBIAJUDGE