https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11799

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU ADOPTION CAUSE NO. E020 OF 2025 F.N KYAMBIA, J IN THE MATTER OF TWM………………………………………………………………………………………..1ST APPLICANT ANG………………………………………………………………………………………….2ND APPLICANT **JUDGMENT** **The Application:** 1. The applicants filed an originating summons dated 7th June, 2025 at Milimani Law Courts Family Division under various provisions of the Children Act, 2022, Article 35 of the Constitution, Citizenship and Immigration Act among other statutes. 2. The applicants are seeking the following orders from this court: 3. That the applicants be allowed to adopt Baby G.H; 4. That henceforth Baby G.H be renamed J.W.M; 5. That the child’s date and place of birth be declared to be 22nd March, 2023 at Ponya Medical Centre, Ruiru in Kiambu County; 6. That the child be presumed to be a Kenyan Citizen by birth; and consequently, be entitled to all the rights and benefits in respect thereof; 7. That F.M.N be appointed as Legal Guardian of the child in the event the applicants herein are incapacitated or in any way unbale to discharge their parental obligations; 8. That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register and issue a certificate to that effect; 9. That the relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the child; 10. That the Directorate of Immigration Services be directed to issue a Passport to the child; 11. That the Guardian ad litem be discharged; 12. That the court do issue such further orders as are in the interest of justice. **The Grounds:** 1. The originating summons is based on the following grounds: 2. The proposed adoption will be in the best interests of the child who will benefit from belonging to a family unit that cares for him; 3. On 23rd March, 2023 the one-day infant was offered for adoption by his biological mother who did not want to raise him; 4. Through the Ruiru Sub County Children’s Officer and Change Trust Adoption Society, the child’s biological mother was taken through the implications of giving the child for adoption and she gave her consent while handing over the child; 5. Since then, she has never made any claims to have the child placed in her custody; and nothing would have stopped her from following up the Children’s Office and the Agency for the last two and half years; 6. Consequently, the child was declared free for adoption and thereafter matched and paced with the applicants; 7. The applicants have loved with the child and they are capable and willing to continue providing for the child’s needs; 8. The applicants herein have been vetted and approved as prospective adoptive parents by the Case Committee of a duly registered Adoption Society under the Directorate of Children Services; 9. The bonding between the child and the applicants to date has been successful in accordance with the follow-up visits conducted by the Agency and the Children’s Home; and 10. It is in the best interests of the child that the orders sought be granted. **The Applicants ’Background:** 1. The applicants are married Kenyan adult Citizens of sound mind residing at Greenpark Estate, Athi River, Machakos County and are from well-knit family background. 2. The applicants’ union has not been blessed with a child and their motivation to adopt the child herein stems from their love for children. 3. The applicants are business people and have the financial means and capability to adopt and provide the child with all his needs. 4. The applicants are currently fit both physically and emotionally and they have been medically certified as such as per the medical reports compiled by Halisi Family Hospital. The applicants further have not been charged and/or convicted of any offence as noted in the respective Police Clearance Certificates exhibited in support of the summons. 5. The applicants have been recommended by their closest support systems to suitable adoptive parents. 6. The proposed legal guardian of the child one F.M.N sister to the 1st applicant has consented to be appointed as child’s legal guardian. **Background of the child:** 1. The child was born on 22nd March, 2023 at Ponya Medical Centre in Ruiru, Kiambu Sub County to one L.N.M who has expressed her intention to give up the child for adoption and a social inquiry of her background was conducted. 2. The mother of the child was also taken through an explanatory memorandum pursuant to Adoption Regulations, 2005 and has consented to release the child for adoption. 3. The Sub County Children’s Officer was notified of the intended adoption and referred the child for placement into Hope House Babies Home a registered children adoption agency after he was discharged from Ponya Medical Centre. 4. While at the Children Home the child underwent general health checks, age assessment and other post-natal programmes and he continued to be monitored. 5. The mother of the child L.N.M has given her consent in respect of the adoption of the child by the prospective adoptive parents as per affidavit sworn by her on 6th September, 2023. 6. Later the child was declared for adoption on 7th September, 2023 by the Case Committee of Change Trust Agency and handed over to the applicants’ care on 27th September, 2023. **Guardian *ad litem:*** 1. Vide amended Chamber Summons dated 27th November, 2025 D.A.O was appointed Guardian *ad litem* pursuant to Section 188(1)(2) of the Children Act. In her report she states that the child has bonded well with the applicants and recommended that the applicants be allowed to adopt the child. **Report by the Children Officer:** 1. The Sub County Children Officer Kiambaa visited the home of the applicants and prepared a report pursuant to provisions of Section 188(4) of the Children Act. The children officer prepared a report detailing how the child has bonded well with the applicants. She recommended applicants as good adoptive parents to the child. **Report by Registered Adoption Agency:** 1. The child was placed at Change Trust Adoption Society by the Children Court, Ruiru. Later the child was declared free for adoption by the Case Committee and a certificate was issued. The agency also reviewed the applicants and approved them for adoption of the minor. **Proposed Legal Guardian:** 1. The proposed legal guardian stated that she knew the applicants. She stated that she understood her role as legal guardian and that she will act to the best interest of the minor. **Suitability of the applicants for adoption:** 1. The applicants herein are spouses and they are within the age provided for under Section 186(2) of the Children Act. All the reports presented before the court demonstrated that the applicants have fulfilled the requirements under the Children Act for purposes of adoption. **Best Interest of the child:** 1. It is trite law that the child’s best interests are the paramount in matters concerning child. This is dictated in Article 53(2) of the Constitution and Section 8 of the Children Act. 2. In the instant case the child is aged about 4 years. The mother consented to his adoption by the applicants. The applicants were found to be suitable to adopt the child. In the circumstances I find that for the best interest of the minor the applicants be allowed to adopt the child herein. **Conclusion and Disposition:** 1. From the foregoing, I ma satisfied that the all the legal requirements for adoption under the Children Act have been met and the originating summons herein is allowed and I make the following orders: 2. The applicants T.W.M and A.N.C are allowed to adopt the child G.H; 3. That henceforth the child shall be renamed J.W.M; 4. The child’s date of birth and place shall be 22nd March, 2023 at Ponya Medical Centre; 5. The child is presumed to be a Kenyan Citizen by birth and is entitled to rights and benefits as provided for by the law; 6. That F.M.N is hereby appointed as the legal guardian of the minor herein; 7. The Registrar General is directed to make appropriate entries in the Adopted Children’s Register and issue certificate to that effect; 8. That the relevant department under the Civil Registration Services is directed to issue a post-adoption Certificate of Birth in respect of the minor herein 9. The Directorate of Immigration Services is directed to issue passport to the minor; and 10. The guardian *ad litem* is hereby discharged. **Dated, signed and delivered at Kiambu High Court this 29th July, 2026.** **F.N Kyambia** **Judge**