https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10689

In re FWN (A Child) (Adoption Cause E014 of 2021) [2026] KEHC 10689 (KLR) (17 July 2026) (Judgment) Neutral citation: [2026] KEHC 10689 (KLR) Republic of Kenya In the High Court at Eldoret Adoption Cause E014 of 2021 AK Ndung'u, J July 17, 2026 IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER AND IN THE MATTER OF FWN – (A CHILD) In the matter of PCK 1st Applicant LMP 2nd Applicant Judgment 1.The Applicants herein, PCK and LMP have applied by originating summons dated Undatedfor an adoption order in respect to the Child known as FWN. Other consequential orders are also sought, including the order that if the adoption order sought is granted, the Child be henceforth known as CCC. 2.The Applicants are a married couple who got married in the year 2000 solemnized at A.I.C Kapcherop Church. They are Kenyan citizens and living in Kenya. The couple has one biological child by the name ETK aged 22 years who is currently in his third year at Murang’a University pursuing a Bachelor’s Degree in Education Technology. The applicants reported that E has developed a strong bond with the child in this matter. He treats her as his younger sister and although she is still very young, she has demonstrated a noticeable attachment to him. The Applicants noted that whenever E is preparing to leave home, the child becomes visibly distressed and often cries, an indication of the close emotional connection they share. The Applicants’ biological son has sworn an affidavit in consent of the adoption OF the child herein. 3.The Child sought to be adopted was born to NNM of ID No. 35xxxx51 on 14/09/2022 at Maragua Sub County Hospital in Murang’a County. The mother was then aged 25 years old and who expressed her intention of giving up her newborn child for adoption to the medical staff stating that she did not want to see the child or breastfeed her. The case was referred to the Child Welfare Society of Kenya (CWSK) for counselling and further guidance. 4.​The child’s mother NNM then visited CWSK on 28/09/2022, two weeks after the child’s birth seeking for assistance. During the interview with CWSK officer, the child’s mother explained that she had not planned to have the child; she hid the pregnancy from her family and tried to abort the child several times without any success. When the child’s grandmother (Agnes Wanjiru Kamau) learnt about her daughter’s pregnancy, she reported that her daughter was mature enough to make decisions that pertains to the child. The child’s mother resolved to carry the child to term and offer her up for adoption. 5.The child’s birth family was taken through the Adoption of Children Explanatory Memorandum. They were counselled on the significance of raising the child within the family. They were also enlightened on the legal implications of giving up the child for adoption. Further, the fact that by offering the child for adoption the child’s family would be permanently terminating their rights and responsibilities over the child was discussed with them. The child’s mother and grandmother however upheld that they wanted to offer the child for adoption, restating that it was safer for the child being brought up outside their birth family. NNM, the child’s mother voluntarily filled and signed the form and certificate of acknowledgement (See the attached copy of the Adoption of Children Explanatory Memorandum dated 28/09/2022). The child’s mother and grandmother were advised to return to CWSK for more counseling. Such counseling is aimed at empowering the child’s birth family so they make an informed decision on whether they are to be re-unified with the child or go on to give the child up for adoption. 6.The child was rescued and placed at CWSK Murang'a Temporary Place of Safety on 28/09/2022, following her discharge from the hospital and being a child in need of care and protection. A copy of rescue form and discharge summary is attached). The Sub County Children Office, Kigumo Murang'a County made an application to the Children’s Court in Kigumo. The child was committed on 14/12/2022 to CWSK Murang'a Temporary Place of Safety vide C & P No. E033/2022. Additionally, in a letter dated 20/02/2024, the SCCO Kigumo interviewed the child’s mother a year later with the hope that she had changed her decision to offer the child for adoption. The child’s mother was still adamant against being reunified with the baby stating that she had made up her mind. 7.The child’s biological family returned to CWSK as advised on 23/02/2024. At the time, the child was 1 year 5 months old. They received more counseling and still held that their decision was to offer the child for adoption despite being informed of the legal implications of adoption. The child’s mother and grandmother proceeded to swear affidavits dated 23/02/2024 and equally gave consents to the adoption of the child on 23/02/2024. 8.Upon perusal of all the material placed before the court, I am satisfied that all legal requirements for the adoption order sought have been met. I have also read all the necessary reports filed herein, including-i.The Guardian ad Litem report.ii.The Report from Child Welfare Society of Kenya, dated 11/02/2026.All these reports are favourable to the adoption order sought. 9.I have considered the personal circumstances of the Applicants, including their current occupations, incomes and social standing. From the material placed before this court, the Applicants have no history of any medical complications that can hinder them from giving the child quality upbringing. The Applicants are also said to be committed Christians. They promise to bring up the child in a Christian manner. They are described by the adoption Society as hardworking, humble, God fearing and social people who seem prepared to give a child in need of a family a safe refuge. That they are financially capable of accommodating a new member in their family. The Children’s Officer also described them as socially, financially and emotionally stable couple whose care, love and attachment to the child is not in doubt. The attached criminal citation search shows that the applicants have no past criminal record. 10.The Children’s Officer was satisfied that the general environment in which the child lives was conducive for his upbringing and based on their findings and observations, the Children’s officer recommended that the Applicants be allowed to adopt the child. 11.I am persuaded that the Applicants not only have the will to adopt the child as their own biological child, but they have also demonstrated that they have the means to provide him with shelter, clothing, food, education and, most importantly, the parental care and protection that he needs and deserves. I have no doubt at all that they have provided and will continue to provide to the Child a conducive home for wholesome upbringing. 12.Finally, I am satisfied that the Applicants are financially and materially capable of giving a good and proper upbringing to the Child, and are already providing him with a conducive and loving home. The adoption order sought is in the best interest of the welfare of the Child. 13.I will in the circumstances grant the adoption order sought. The Applicants be and are hereby authorized to adopt baby FWN who shall henceforth be known as CCC The Child having been born in Kenya, is obviously a Kenyan citizen. The Child’s birth date shall be 14/09/2022 at Maragua Sub County Hospital in Murang’a County. The Registrar-General is hereby directed to enter this adoption order in the Adopted Children’s Register. The guardian ad litem is hereby discharged and DKK is hereby appointed as the legal guardian of the Child. It is so ordered. DATED SIGNED AND DELIVERED AT ELDORET THIS 17TH DAY OF JULY 2026A.K. NDUNG’UJUDGE