https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11754

In re Baby CE (Adoption Cause E007 of 2026) [2026] KEHC 11754 (KLR) (28 July 2026) (Judgment) Neutral citation: [2026] KEHC 11754 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E007 of 2026 JWW Mong'are, J July 28, 2026 IN THE MATTER OF BABY C E -AND- IN THE MATTER OF AN APPLICATION FOR ADOPTION BY F. W. K & J. K. M In the matter of FWK 1st Applicant JKM 2nd Applicant Judgment 1.What is before this Honourable court for determination is that Applicant’s Exparte Originating Summons filed on 14th April, 2026 and it seeks the following Orders;1.That the Applicants, F.W.K AND J.K.M be authorized to adopt the Child identified as BABY C. E.2.That the child be renamed E. S. W.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 guardian ad litem be discharged, and J. A. O and I. N. M be appointed al legal guardians of the Child, in the event that the Applicants herein is incapacitated or in any way unable to discharge their parental obligations.6.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.7.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 Civil Marriage Act (CAP 151- Laws of Kenya) in 2015 at a church wedding, marriage certificate no. 05xxx3. They reside at Miumbuni sub location in Kathiani, Machakos County. F.W.K is a Pest Control Supervisor at Rentolkil Company while J.K.M is a nurse at Kathiani Level 4 Hospital. Jointly, they have a decent income hence have the means to provide for the child. They have had a custody of the child for 8 months. The child is 1.6 years having been born on 23/1/2025. The applicants fully understand the implications of an adoption order. They do not have any other biological children. 3.C. E is a female Child was born on 23/1/2025 and was found abandoned by unknown person at senior staff area near Maarifa Primary School in Athiriver. She was rescued by good Samaritans who reported the matter to Athiriver Police Station Vide OB No.xx/xx/xx/2025. The baby was admitted at Mahali Pa Maisha Infant Rescue Centre on 13th February 2025 and later committed to the same Rescue Centre for management, care and protection through Children’s court at Mavoko Law courts. On 24th August, Athiriver Police Station issued a letter indicating that nobody had claimed the child and efforts to trace the mother didn’t bear any fruit. The child was then declared free for adoption by Buckner Kenya Adoption Services on 7th November, 2025 under certificate number 0952 and placed with the applicants on 22/11/2025 while aged 10 months. The child has been in their continuous care for the last 7 months. 4.That the child was placed in the care of MR. F. W. K and MRS J.K.M on 22/11/2025 where she has continued to enjoy the parental love, care and good nurturing accorded to her 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 2nd May, 2025 and declared the applicants 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 22nd July, 2027 by County Coordinator of Children 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 copies of their Certificates of Good Conduct which they produced, thus recommended the adoption process as in line with principles of best interests of the child. 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 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 Applicants. It is also evident that the Applicants have support from their family. 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. 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, F. W. K and J. K. M are hereby allowed to adopt BABY C. E.b.Henceforth, the child shall be known as E. S. W.c.Her date of birth shall be 23/1/2025.d.She is presumed to be a citizen of Kenya by birth.e.J. A. O and I. 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 28TH DAY OF JULY, 2026............................................................................J.W.W. MONGAREJUDGEIn the Presence of;Ms. Muhanda for the ApplicantsF W KJ K MBaby C E