https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11763

In re Baby MM (Adoption Cause E001 of 2026) [2026] KEHC 11763 (KLR) (29 July 2026) (Judgment) Neutral citation: [2026] KEHC 11763 (KLR) Republic of Kenya In the High Court at Kiambu Adoption Cause E001 of 2026 FN Kyambia, J July 29, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF ADOPTION OF BABY M.M. AND IN THE MATTER OF In the matter of BKG 1st Applicant AWM 2nd Applicant Judgment 1.The applicants herein B.K.G and A.W.M Kenyans couple approached this court by way of originating summons dated 27th March, 2026 seeking the following orders:1.That the applicants be authorized to adopt baby M.M (the minor);2.That upon adoption the child be known as A.L.W.K;3.That the Registrar General be ordered to make appropriate entries in the Adopted Children’s Register in respect of A.L.W.K;4.That the court be pleased to appoint M.W.G as legal guardian of baby A.L.W.K upon granting of the adoption orders;5.That A.L.W.K be considered a Kenyan Citizen. 2.The applicants are married couple professing Christian faith. They are aged 36 and 31 years respectively at the time of filing this application. 3.The applicants have one biological child born on 5th October, 2016. 4.The minor herein A.L.W.K was rescued on 12th September, 2024 by a well-wisher in Kangoya area after being abandoned in a nearby bush and was taken to Mercy Lite Hospital where she was admitted for care and treatment. 5.The incident was reported to the police and subsequently to the Children’s officer. 6.The minor was placed under the applicants as foster parents who committed and have taken care of her. The applicants were later appointed as legal guardians by Senior Resident Magistrate Kiambu. 7.When the applicants made this application, the court appointed M.N as guardian ad litem and directed the Director of Children’s Service to conduct an inquiry and prepare a report on the suitability of the applicants to adopt the minor. The Kenya Children’s Home Adoption Society also prepared a report dated 9th April, 2026. 8.All the reports tabled before the court were in favour of the proposed adoption. 9.I have considered the application and evaluated the reports filed by the relevant authorities. I have also considered the evidence adduced by the applicants, the children officer, the representative from the Kenya Children’s Homes Adoption Society, guardian ad litem and the proposed legal guardian. 10.This is a matter involving a child and Article 53(2) of the Constitution and Section 8 of the Children’s Act, 2022 dictates that in all matters concerning child, the paramount consideration is the best interests of the child. 11.Having considered the originating summons together with all the reports field in court, I am satisfied that all the legal requirements as set out in the Children’s Act have been met and I accordingly order as follows:a.That the applicants be and are hereby authorized to adopt Baby M.M the minor herein.b.That the child shall be known as A.L.W.K.c.That the date of birth shall be 10th September, 2024 and the child shall be presumed a Kenyan Citizen since she was found in Kenya.d.That the Registrar General is directed to enter this Adoption Order in the Adoption Register.e.That M.W.G be and is hereby appointed legal guardian of the child in case of incapacity by the applicants before the child reaches the age of majority.f.That the guardian ad litem is hereby discharged. DATED, SIGNED AND DELIVERED AT KIAMBU HIGH COURT THIS 29TH JULY, 2026.FRANCIS KYAMBIAJUDGE OF THE HIGH COURT OF KENYA, KIAMBU.