https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7537

In re MF (Child) (Adoption Cause E030 of 2025) [2026] KEHC 7537 (KLR) (28 May 2026) (Judgment) Neutral citation: [2026] KEHC 7537 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E030 of 2025 EN Maina, J May 28, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF MF (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY: In the matter of RKM 1st Applicant EMM 2nd Applicant Judgment 1.The subject in these proceedings is a male child now aged approximately two years 9 months. He was born on 16th August 2023 at Mama Lucy Kibaki Hospital (as per hospital records attached) to one JRA of ID No. 2XXXXX12. The mother had, prior to the birth, visited Child Welfare Society of Kenya on 26th June 2023 with an intention of offering her unborn children for adoption, as the father of her unborn children (she was expecting twins) happened to be her cousin therefore she could not raise the children as per the Luhya customs and beliefs. She also stated that the child’s father had denied paternity. 2.The said mother was taken through the process of giving up her children whereupon she signed the certificate of acknowledgement. More counselling was conducted to help the minor’s mother make an informed decision. Thereafter, on 16th August 2023, the said mother (JA) gave birth to twin boys at the Mama Lucy Kibaki Hospital but unfortunately one of them died shortly after birth. On 23rd August 2023, she was discharged and on 24th August 2023, she took her surviving child to the Child Welfare Society Kenya offices and offered him for adoption. The child was placed at the Child Welfare Society of Kenya Mama Ngina Kenyatta TPS for continued care and protection as the biological mother was given time to make an informed decision. 3.Subsequently, on 13th December 2023, the Children’s Court in Milimani Nairobi committed the child to the Child Welfare Society Kenya Mama Ngina Kenyatta TPS for care and protection vide Protection and Care No. E648 of 2023. The child’s mother returned to the CWSK offices on 11th October 2023 when the child was eight weeks old and gave her consent to the child’s adoption. The child was declared free for adoption vide Serial Number 1153 dated 30th November, 2023. 4.The Applicants, RKM and EMM, made a joint adoption application to theChild Welfare Society of Kenya on 12th February 2020. In a case committee sitting on 5th December 2023 the Child Welfare Society of Kenya considered their application and were satisfied that the Applicants met the legal and social parameters for adoption. The Applicants were subsequently placed with the child herein Baby MF on 22nd March 2024 and have been fostering the child since then. Later, on 1st November 2024, an interview and a home assessment was conducted to establish the suitability of the Applicants to adopt baby MF. 5.From the court papers, the Applicants are residents of Ubalini, Ngelani in Machakos County. They are a couple having solemnized their marriage on 9th March 2023 vide the Certificate of Marriage No.5XXXX9. The Applicants do not have any biological child of their own but are desirous of being parents to nurture and to exercise parental responsibilities. The Applicants live in their own two bedroomed house in a one acre ancestral piece of land in Mitaboni with all amenities provided and the environment is conducive for a growing child. They have also bought another one acre of land in the same area. Both the Applicants are self-employed with a joint monthly income of between Kshs.30,000/ - 40,000/- therefore they are financially stable. The Applicants profess the Christian faith and fellowship at the AIC Mitamboni. They do not have any medical conditions and do not have any criminal record. 6.As at the date of this application, the applicants were 47 and 42 years old respectively and hence both quality to be adopters. 7.The Applicants extended family are supportive of the adoption and have warmly welcomed and embraced the child into the family. EMM the male applicant’s sister has been designated as the child’s legal guardian. 8.The following reports have been duly filed in regard to the adoption.-a.Report of the Guardian Ad Litem dated 9th December 2025 recommending the adoption.b.Reports from the Child Welfare Society of Kenya dated 18th June 2025 recommending the Adoption.c.Report of the Directorate of Children’s Services County Children Services – Machakos County dated 9th March 2026 also recommending the adoption.(d )Affidavit of EMM accepting appointment to act as legal guardian sworn on 13th August 2025. 9.All the reports recommend this adoption which is family based and local as opposed to international. The child has been under the continuous care of the Applicants since 22nd March 2024 and they have bonded well and the Guardian ad litem highly recommends them as adoptive parents. 10.Having carefully considered all the material before me, I am satisfied that the application meets the conditions of part XIV of the Children Act and is in the best interest of the welfare of the child. The Applicants fully understand the implications of an order of adoption and have already assumed their responsibilities towards the child. They have also met all the conditions of adopters as set out in the Act. 11.Accordingly, the application is allowed and orders are granted as follows: -1.That the Applicants RKM and EMM be and are hereby allowed to adopt the child and an adoption order shall issue.2.That the child shall now be known as MMK.3.The child’s date of birth shall be 16TH August 2023 and the place of birth shall be Mama Lucy Kibaki Hospital.4.That EMM be and is hereby appointed as the Legal Guardian of the child.5.That the Guardian Ad Litem is hereby discharged.6.That this adoption order shall be lodged with the Registrar General and the Registrar General is hereby directed to enter the adoption in the Adopted Children Register.It is so ordered. JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS ON THIS 28TH DAY OF MAY 2026.E. N. MAINAJUDGEIn the Presence of:Richard Kioko & EMM the ApplicantsJoseph Makau MathekaJob Munguti KatikuMary - Court assistant/Interpreter