https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11753

In re JBW (Adoption Cause E034 of 2025) [2026] KEHC 11753 (KLR) (27 July 2026) (Judgment) Neutral citation: [2026] KEHC 11753 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E034 of 2025 JWW Mong'are, J July 27, 2026 IN THE MATTER OF JBW -AND- IN THE MATTER OF AN APPLICATION FOR ADOPTION BY MM & EWM In the matter of MM 1st Applicant EWM 2nd Applicant Judgment 1.What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 29th September, 2025 and it seeks the following Orders;1.That the Applicants, MM and EWM be authorized to adopt the Child identified as Baby JBW2.That the child be renamed GMM.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 the guardian ad litem be discharged, and GMM. be appointed Legal Guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.5.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.6.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 in 1996. They reside at Langata in Nairobi County. MM is a Caretaker/Driver at [Particulars Withheld] Methodist Church while EWM is a Teacher. Jointly, they have a monthly income of approximately ksh.70,000/- hence they have the means to provide for the child. They have had a custody of the child since 23rd November, 2023. The child is 4.7 years old having been born on 9/7/2021. They fully understand the implications of an adoption order. They do not have any other biological children. 3.GM is a male Child was born on 9th July, 2021 at Bungoma County Referral Hospital. He was given up for adoption by his biological mother GN and maternal grandmother CN who stated that they did not want to keep the child because in accordance to Bukusu Culture in Bamakhuli clan it is a taboo to keep a child who was conceived out of an incestuous relationship alleging that the child’s father and mother are cousins. The child’s mother is a minor and her consent was dispensed. Her guardian who is the child’s maternal grandmother willingly gave up the child for adoption by signing a consent. The child’s birth family was advised on losing the parental rights on the child but still insisted on offering the child for adoption. The child remained at Bungoma county Referral hospital and later released to Child Welfare Society of Kenya Bungoma. He remained in the care of Kanduyi Children’s home for 3 years until 23/11/2023 when he was released to the Applicants where he has continued to enjoy the parental love, care and good nurturing accorded to him by the applicants. 4.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 26th May, 2026 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 30th January, 2025 by Guardian Ad Litem also recommends the adoption. 5.Proposed Legal Guardian GMM consented to be appointed the Legal Guardian 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 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. 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, MM and EWM are hereby allowed to adopt Baby JBW, a baby.b.Henceforth, the child shall be known as GMM.c.His date of birth shall be 9/7/2021.d.He is presumed to be a citizen of Kenya by birth.e.GMM is hereby appointed as the legal guardian 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 27TH DAY OF JULY 2026................................J.W.W. MONGAREJUDGEIn the Presence of;1. Applicantsa. MMb. EWM2. Baby JBW