https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7395

In re Baby JA aka LA (Adoption Cause E002 of 2025) [2026] KEHC 7395 (KLR) (28 May 2026) (Judgment) Neutral citation: [2026] KEHC 7395 (KLR) Republic of Kenya In the High Court at Kajiado Adoption Cause E002 of 2025 CW Meoli, J May 28, 2026 IN THE MATTER OF BABY J. A. aka L. A AND IN THE MATTER OF AN APPLICATION FOR ADOPTION In the matter of DEO 1st Applicant MNM 2nd Applicant Judgment 1.The Applicants herein are D.E.O (male) and M.N.M (female). The Applicants are Kenyan citizens aged 48 and 40 years respectively. They reside at Ongata Rongai, Kajaido. The Applicants work at the [Particulars Withheld] Church where 1st Applicant is an apostle while the 2nd Applicant is a pastor. The Applicants got married under customary law in 2006 and officially registered their marriage on 10th May, 2023 as evidenced by the certificate of marriage serial no.577xxx. 2.The Applicants ascribe to the Christians faith and are active members of their church. Since their marriage, they have desired to have their own biological children but without success. This is the key reason why they have sought via the Originating Summons dated 15.03.2025 and supported by their affidavit and annexures thereto, to adopt Baby J.A, the subject minor herein. 3.Baby J.A, a male child, is estimated to have been born on 22nd December 2023. He was discovered abandoned outside an apartment at K township and rescued by a stranger who reported the matter to K. police station, where the incident was booked under OB No 1xx/xx/12/2023. Thereafter, the child was placed in the care of Mahali pa Maisha Children’s Home vide the admission form dated 28.12.2023. On 1.01.2024 the Isinya Sub-County officer-initiated P & C case No. E002 of 2024 at the Chief Magistrate’s Court, Kajiado, seeking committal of the child to Mahali pa Maisha Rescue Center for a period of 3 years. Pursuant to the order made in the P & A Case, the subject minor was committed to the Centre for a period of 3 years. 4.Efforts to trace the subject’s parents were unsuccessful. By the letter dated 17.07.2024 police confirmed the child’s abandonment as all efforts to trace the child’s mother had proved futile. The child was subsequently declared free for adoption by Buckner Kenya Adoption Services on 9.08.2024 vide certificate No. 0xx3. Baby J.A. He was thereafter placed in the care of the Applicants on 23.08.2024 and has remained in their custody and care since. 5.The court has considered the entire record, and more particularly, the reports including, the social enquiry report dated 28.07.2025, prepared by Buckner Kenya Adoption Services, an adoption agency. In addition, the court has reviewed reports prepared pursuant to the order made herein on 28.05.2025, firstly, the report by the guardian ad litem DO. The court however notes that there is what appears to be a typo in the introduction part of that report, which makes reference to Baby K.E (the subject of Adoption Cause No. E003 of 2025 by the same Applicants), instead of Baby JA, the subject herein. In addition, the Court has reviewed the second report by the County Co-ordinator Children Services Kajiado, 6.It appears from the above material that the Applicants are both in good health, and in a stable and happy union, and given their respective jobs and maturity, have the financial and emotional capacity to take on parental responsibility. They have proved this capacity during the two year period when Baby J.A has been in their care 7.Their sole motivation in seeking the adoption is to have a child of their own. They have no criminal records and fully understand the consequences of the adoption, having fully bonded with the child. The various reports and letters on record recommend the proposed adoption. According to the Children Officer’s report the subject has bonded well with the prospective adoptive parents, a matter confirmed by the court when the Applicants and subject appeared in court during the proceedings. 8.The court is obligated under Article 53 of the Constitution and Section 4(3) of the Children Act in a matter of this nature, to consider and uphold the best interests of the subject. These provisions mirror the State’s obligation under the United Nations Convention on the Rights of the Child (CRC), which Kenya ratified on 30th July 1990, Article 3 of thereof stating that: -“1.In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.2.State Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures”. 9.The mother of Baby J.A abandoned him as an infant. The Applicants are willing to take on parental responsibility over the subject. They earn a decent monthly income of Kshs. 300,000/= between them and have made suitable living and social arrangements to accommodate and raise the subject as their own child alongside K.E, the female subject of Kajiado Adoption Cause No. E003 of 2025. On the material before it, the Court is satisfied that the proposed legal guardian LAA, a sister to the 1st Applicant is well suited to be appointed in that capacity. 10.In the result, the court is satisfied that the proposed adoption will benefit the subject as it gives him an opportunity to belong to and be raised in a family that loves and cares for him. The Applicants have demonstrated their capacity to do so since he was placed with them. In the court’s opinion, the Applicants are eminently qualified for a local adoption. The court therefore grants the Originating Summons dated 15.03.2025 as prayed. DELIVERED AND SIGNED ELECTRONICALLY AT KAJIADO ON THIS 28TH DAY OF MAY 2026.C. MEOLIJUDGEIn the presence of:For the Applicants: Ms. KimenyiApplicants: PresentC/A: Lepatei