https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10147

In re PA (Baby) (Adoption Cause E009 of 2025) [2026] KEHC 10147 (KLR) (24 June 2026) (Judgment) Neutral citation: [2026] KEHC 10147 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E009 of 2025 JWW Mong'are, J June 24, 2026 IN THE MATTER OF BABY PA -AND- IN THE MATTER OF AN APPLICATION FOR ADOPTION BY M. M. K & F. K.M. Judgment 1.What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 2nd April, 2025 and it seeks the following orders;1.That the Applicants, M. M. K and F. K. M be authorized to adopt the Child identified as Baby P. A2.That the child be renamed F. M. M .3.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.4.That consent of the biological parents/guardians be dispensed with.5.That the child to be presumed to be born in Makadara Gatimu, Nyandarua West Sub County in the Republic of Kenya.6.That the guardian ad litem be discharged, and F. W. M and S. N. M be appointed al legal guardians 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 xxst September 2019 at Kaani Catholic Church. They reside at Kaani in Machakos County. M. M. J. and F. K. M are farmers. Jointly, they have a decent income hence have the means to provide for the child. They have had a custody of the child since 22nd August, 2024. The child is 2 years old having been born on 21/6/2023. They fully understand the implications of an adoption order. They do not have any other biological children. 3.F. M. M is a male Child was born on 21st June, 2023. He was found abandoned at a grocery shop stand at Madaraka Gatimu ward in Nyandarua West. He was approximately 1 week old when he was fond crying at a bench by Mrs. M. W and Mr. F. The baby was them taken to Nyahururu County Referral hospital until 25th July 2023 when he was discharged and admitted to New Life Home Trust on 26th July, 2023. The matter was reported at Kibathi Police Post under Oljoro-Orok Police Station and booked under OB no. xx/xx/06/2023. A report from Oljoro-Orok Police Station dated 17/7/2024 indicated that nobody had claimed the child and efforts to trace the child’s relatives were fruitless. The child was then committed to New Life Home Trust for care and protection through the Children’s Court at Nyahururu. Abandonment was therefore presumed and the child was freed for adoption by Child Welfare Society of Kenya under a freeing certificate number 0xx7 dated 24th July 2024. 4.That the child was placed in the care of Mr. M. M. J and Mrs F. K. M on 22nd August 2024 where he has continued to enjoy the parental love, care and good nurturing accorded to him by the applicants. The applicants were taken through the relevant interviews, home assessment was done and a certificate of acknowledgment was duly signed, thereafter the case committee approved their application on 22nd March 2024 and declared the applicants are fit to adopt the child. 5.The Reports filed in respect of the proposed adoption of the child by the Applicants recommends that this Court allows the Applicants to adopt the child. A report dated 24th June, 2025 from County Coordinator Children’s Services confirmed that the Child and the Applicants have bonded well, they are 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 9th October 2025 by Guardian Ad Litem also recommends the adoption. Determination 6.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. 7.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.” 8.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, M. M. J and F. K. M, are hereby allowed to adopt Baby P. A, a baby.b.Henceforth, the child shall be known as F. M. M.c.His date of birth shall be 21st June 2023.d.He is presumed to be a citizen of Kenya by birth.e.F. W. M and S. N. M 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 24TH DAY OF JUNE 2026J.W.W. MONGAREJUDGEIn the Presence of;N/A For the parties