https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6684

In re Baby FW (Adoption Cause E040 of 2025) [2026] KEHC 6684 (KLR) (13 May 2026) (Judgment) Neutral citation: [2026] KEHC 6684 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E040 of 2025 JWW Mong'are, J May 13, 2026 IN THE MATTER OF BABY FW -AND- IN THE MATTER OF AN APPLICATION FOR ADOPTION BY PMK AND DNK In the matter of PMK 1st Applicant DNK 2nd Applicant Judgment 1.What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 27th November 2025 and it seeks the following Orders;1.That the Applicants, PMK and DNK be authorized to adopt the Child identified as BABY FW.2.That the child be renamed FAK.3.That the child’s date of birth be declared to be 21st August 2022 and her place of birth be declared as Nairobi County.4.That the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.5.That consent of the biological parents/guardians be dispensed with.6.That the guardian ad litem be discharged, and MM and LMK be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.7.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.8.That this Court do issue such further orders as are in the interest of justice. 2.The Applicants are a Kenyan married couple having solemnised their marriage under the African Christian Marriage Act (CAP 151- Laws of Kenya) on 13th June 2006, residing at Syokimau in Machakos County. They hail from Vyulya, Masii, Mwala Sub County of Machakos County. They are gainfully employed as a Civil Servants. PMK is employed as public servant with Ministry of Education while DNK is employed as a public servant with the State Department of Children’s Services. Jointly, they have a decent income hence have the means to provide for the child. They have had a custody of the child since 29th December 2024. The child is 3.5 years old having been born on 21st August 2022. They fully understand the implications of an adoption order. They have two biological children of their own, FKK a student at Strathmore University, aged 19 years and BKK aged 15 years, a student at Alliance Boys High School. 3.BABY FW is a female Child was born on 21st August 2022 at Perpetual Community Hospital, Umoja 3, in Njiru Sub-County of Nairobi County. The birth mother was admitted to the hospital in advanced late stages of labour and hence there was no time to take her details. After delivery, she gave out some telephone numbers of her relatives and escaped without the knowledge of the hospital staff. Efforts to trace her even using the telephone numbers she had provided proved futile and the matter was then escalated and reported to Kwa Maji Police Station and booked under OB NO. 22/21/8/2022. And also to the Children’s Office at Njiru Sub-County. The child was then temporary placed at the Nairobi Children Rescue Centre on 22nd August 2022 and later committed to the Home on 20th September 2022 under Nairobi PMC P&C No. E434 of 2023. The child remained at the home for one year and four months without anyone coming forward to claim her. The Mowlem Police Station vide their final letter dated 22nd April 2025 confirmed that efforts to trace the child’s relatives were fruitless. Abandonment was therefore presumed and the Child was freed for adoption by Change Trust Adoption Agency under the freeing certificate number 00867. She was later placed with the applicants on 29th December 2024 who have since placed her in School at [Name withheld] Academy In Eastleigh, Machakos County. 4.That the Applicant approached change trust adoption agency on 18th June2025 with the aim of being placed with a child aged between two and half years. They were taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement was duly signed and thereafter the case committee approved their application on 2nd July 2025 the child was declared free for adoption and issued a freeing certificate serial number 00867. 5.The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 11th May 2026 from Machakos County Coordinator-children’s Services confirmed that the Child and the Applicants have bonded well, they are is socially and financially capable of raising the Child. It also confirmed that the Applicants have a clean bill of health and that they have no criminal records as evidenced by annexed copies of their Certificates of Good Conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 7th May 2026, from Guardian Ad litem, also recommends the adoption. 6.Proposed Legal Guardians MM and LMK the Applicants’ relatives consented to be appointed the Legal Guardians of the Child; in the event the Applicants are unable to discharge their responsibilities, they will assume full parental responsibility according to adoption orders. Determination 7.The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department Of The Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. It is also evident that the Applicants have support from their family and their biological children equally support the adoption. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicants for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned after birth and efforts to trace them have yielded no results.1.Article 14 (4) of the Constitution of Kenya 2010 provides that: -“(4)A child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by Birth.”2.This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application that;a.The Applicants, PMK and DNK, are hereby allowed to adopt BABY FW, a minor.b.Henceforth, the child shall be known as Favour AKc.Her date of birth shall be 21st August 2022.d.She is presumed to be a citizen of Kenya by birth.e.MM and LMK are hereby appointed as legal guardians of the child.f.The Registrar General to enter this order in the Adoption Children’s Register.g.The Registrar General is authorised to issue the child with Birth Certificate.h.The Director - Immigration Services is authorised to issue the child with a Kenyan Passport when necessary.i.The guardian ad litem is hereby discharged forthwith.It is so ordered. DATED SIGNED AND DELIVERED AT MACHAKOS THIS 13TH DAY OF MAY 2026............................................................................J.W.W. MONGAREJUDGEIn the Presence ofMr. Muia Maweu For the ApplicantAbdisalam-Court Assistant