https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6761

In re MM alias LN alias IWK (Baby) (Adoption Cause E004 of 2025) [2026] KEHC 6761 (KLR) (14 May 2026) (Judgment) Neutral citation: [2026] KEHC 6761 (KLR) Republic of Kenya In the High Court at Nyeri Adoption Cause E004 of 2025 DKN Magare, J May 14, 2026 IN THE MATTER OF BABY MM alias LN alias IWK AND IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER BY WKK & RNK AND IN THE MATTER OF SECTIONS 183 (2) 188 OF THE CHILDREN’S ACT 2022 Judgment 1.This Judgment is in respect of the Originating Summons dated 2.4.2025 seeking an Order that:a.The JJW Gathungu be appointed as a Guardian ad Litem and LWK as Legal Guardian.b.The Applicants WKG and RNK be authorized to adopt baby MM alias LN who is to be known as IWK.c.The consent of the biological parents be dispensed with as the child was abandoned.d.The Registrar General do make the appropriate entry of IWK in the adopted children’s register. 2.The Applicants described themselves in the statement and affidavit in support of the Application that they are respectively 48 and 40 years and were husband and wife. 3.Further, they had adopted another boy child in 2024 and were living with him along side their biological son namely IGK who was 25 years. The minor herein was received in their care and possession on 13.9.2023 and they had bonded well. It is worth noting that the minor was born on 23.8.2023. Evidence. 4.PW1 was WKG. He testified that he was born in 1966 and was 59 years. RNK was his wife. They had two other children, one biological and the other an adopted child. He testified that in the unlikely event that they divorced, he had the duty to raise the child. His gross salary was about Ksh. 395,000/=. 5.PW2 was RNK. She was a lecturer at [name Withheld] University. She adopted and produced her filed documents in evidence. Her gross earning was Ksh. 250,000/=. 6.PW3 was JJW. She was the guardian ad litem. She was appointed guardian ad litem. She produced her report. Wwas her brother. 7.PW4 was LWK. She was the legal guardian. R was her sister. She testified that she agreed and shall take care of the minor. Analysis 8.The issue is whether the court should allow the adoption herein. This court has the power to make an adoption order. The following are the relevant provisions of the law on adoption in Kenya:183.Power to make adoption orders.(1)Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a child.(2)All proceedings under this Part shall be heard and determined in chambers, and the identity of the child and the applicants shall be kept confidential.(3)In this Act, adoption means local, kinship and foreign adoption.(4)For the purposes of this Part—(a)"kinship adoption" has the meaning assigned to it in section 2;(b)"local adoption" means an adoption in relation to which the child is resident in Kenya; and(ii)the adopting parent or parents are Kenyan nationals resident in Kenya;and(c)"foreign adoption" means an adoption in relation to which —(i)the adopting parent or parents are Kenyan nationals with dual citizenship;(ii)the adopting parent or parents are foreign nationals whether or not resident in Kenya;(iii)the adopting parent or parents are not Kenyan nationals but are biologically related to the child; or(iv)the adopting parent or parents were once Kenyan nationals but have lost their nationality by operation of the law of the host country to which the prospective parent or parents have a nationality 9.Pre-requisites for Adoption are also stated under the section 184 of the Children Act, 2022 as follow:(1)A person shall not commence any arrangements for the adoption of a child unless-(a)the Council, in accordance with the rules, has declared the child free for adoption; and(b)the child has attained the age of six weeks.(2)A person, including a parent, guardian or adoption society, shall not, prior to the making of an adoption order, entrust a child to the care, possession or control of any person not qualified to adopt a child in accordance with this Act.(3)An applicant shall not preselect a prospective adoptive child except-(a)in the case of kinship adoption;(b)Where the applicant is a foster parent seeking to adopt a fostered child under the applicant’s care.(4)The Secretary shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings.(5)Any person who contravenes subsections (1) or (2) of this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both 10.Under Section 185, Children who may be adopted are stated as follows:(1)Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya.(2)Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless—(a)the child concerned has been in the continuous care and control of the applicant within Kenya for a period of three consecutive months preceding the filling of the application; and(b)the application for an adoption order is supported by a report made by a registered adoption society recommending that an adoption order be made.(3)The report referred to in subsection (2)(b) shall contain the society’s findings and recommendations in respect of the child and the applicant or applicants, as the case may be.(4)The following children shall be eligible for adoption—a.a child who is an orphan and has no guardian or caregiver able and willing to take care of the child;b.a child who has been abandoned or whose parents’ or guardian’s whereabouts cannot be traced within a period of one year;c.children who are willingly offered for adoption by their biological parents in accordance with regulations made under this Part. 11.Under section 185, on who may apply to adopt a child, the following is the law:(1)The Court may make an adoption order on application by—(a)a sole applicant; or(b)two spouses jointly.(2)The Court shall not make an adoption order in any case unless—(a)the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and(b)the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.(3)The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father or relative of the child.(4)The Court shall not make an adoption order in favour of a sole male applicant, unless the applicant is a blood relative of the child.(5)The Court shall not make an adoption order in favour of the following persons unless the Court is satisfied on reasons to be stated on the record that there are special circumstances that warrant the making of the adoption order an applicant or joint applicants who has, or both have, attained the age of sixty-five years.(6)The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant or joint applicants, or any of them—(a)is of unsound mind within the meaning of the Mental Health Act (Cap. 248);(b)is incapable of exercising proper care and guardianship of a child;(c )has been convicted by a Court of competent jurisdiction for any of the offences specified in the Third Schedule or similar offences;(d)in the case of joint applicants, if the applicants are not married to each other;(e)is a sole male applicant except where the applicant is a biological relative of the child; or(f)is a foreign applicant except where the applicant is a biological relative of the child.(7)Notwithstanding anything contained in this section the Court may at its sole discretion decline to make an adoption order in favour of any person or persons if the Court is of the view that it is not in the best interests of the child to make the order.(8)Subject to the provisions of this section, an application for an adoption order in respect of a child shall be accompanied by written consents of the following persons—(a)a parent or guardian of the child, or any person who is liable by virtue of any order or agreement to contribute to the maintenance of the child;(b)on the application of one of the spouses, the consent of the other spouse; and(c)in the case of a child who has attained the age of ten years, the child himself or herself.(9)If the child referred to in subsection (8)(c) has a disability which restricts or impairs the child’s ability to independently give his or her consent, the child shall be accorded such assistance, including the assistance of an intermediary, to facilitate his or her written consent. 12.In light of the above law, the court heard the relevant parties who testified in court as PW1, PW2, PW3 and PW4 and also perused all the documents filed in court. The Reports by the Guardian ad Litem and the Report by the County Children Coordinator, Mahali Pa Maisha Infant Rescue Centre as Adoption Agency were filed in court certifying the applicant as meeting the legal parameters to adopt the minor herein. 13.The court also heard PW3 and PW4 respectively as guardian ad litem and legal guardian of minor who testified that the Applicants were fit to adopt the child and assured that they would play their role for the welfare of the minor. 14.PW1 and PW2, adoptive parents of the minor also testified that they took the child to their hands on 24.3.2024 having been abandoned on 23.8.2023 and the child had bonded well with them and they were ready to support the child as their own as they had income. 15.All the evidence supported the Applicants’ unsolicited green light to the adoption. For the best interest of the minor, these considerations support the adoption. 16.The Applicants, as supported by evidence on record, have met the legal requirements of adoption. No doubt, this adoption is laden with intentions to protect, support, provide inheritance for and maintain the child. 17.The commendation report by the County Children’s Office and the Guardian ad Litem too give the Applicants the go ahead to adopt the minors. They describe the Applicants as committed and able to caring and maintaining the child as they have already been maintaining her and hold the view that the adoption herein sought will be in the child’s best interest 18.Thereof, the Application for adoption is merited and I allow it. Determination 19.In the upshot, I make the following Orders:i.The Applicants are authorized to adopt the child MM alias LN.ii.The consent of the biological parents of the child is dispensed with as the child was abandoned.iii.The said child will be known as IWK.iv.The Registrar General shall make the appropriate entry of IWK in the Adopted Children’s Register.v.LWK is appointed as legal guardian of IWK.vi.The guardian ad litem is hereby discharged.vii.The file is closed. DELIVERED, DATED AND SIGNED AT NYERI, VIRTUALLY ON THIS 14TH MAY DAY OF 2026. JUDGEMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms. Wahome for the ApplicantCourt assistant: Michael