https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11513

In re JG (Baby) (Adoption Cause E004 of 2025) [2026] KEHC 11513 (KLR) (17 July 2026) (Judgment) Neutral citation: [2026] KEHC 11513 (KLR) Republic of Kenya In the High Court at Makueni Adoption Cause E004 of 2025 JN Onyiego, J July 17, 2026 Between ENK 1st Applicant RMN 2nd Applicant and Child Welfare Society of Kenya Adoption Services Respondent Judgment 1.Pursuant to Sections 8 and 183 of the Children Act, Section 9 of the Kenya Citizenship and Immigration Act, and Article 14 (4) of the Constitution of Kenya, the Applicants came to this court by way of an Originating Summons dated 14-4-2025 seeking orders as hereunder;1.That the Applicants be authorized to adopt baby JG.2.That the court be pleased to dispense with the consent of the biological parents as the child was abandoned.3.That upon making the adoption order, the child be known as VMN in the Adopted Children’s Register.4.That the Registrar General do make the appropriate entry of VMN in the Adopted Children’s Register.5.That upon making the adoption order, JKK be appointed Legal Guardian of the child.6.That the child VMN be presumed to be a Kenyan citizen born in Kenya and the Director of Immigration services do issue VMN with a Kenyan Passport. 2.In support of the application, the Applicants filed a Statement of Particulars jointly sworn on 14-4-2025 stating that; they are adult Kenyan citizens born 1970 and 1974 hence aged 55 and 51 Respectively; they got married in 1998; they have not been blessed with any biological child; they are ready and willing to adopt the child and that they took possession of the minor on 26-5-2023. That despite having a clean medical bill from their doctor, the couple has not been blessed with any biological child. 3.Economically, the Applicants are farmers with the husband engaging in chicken selling. They own a six-acre land inherited from their parents. Per season they make approximately Kshs. 200,000/= besides 20,000/= monthly income from the husband’s business activities. They also own livestock and chicken to supplement their income. In terms of ownership of assets, the couple owns a two bedroomed house. 4.On the spiritual aspect, the Applicants are both Christians worshipping with AIC Church where the 2nd Applicant plays the role of being Sunday School Teacher. 5.Their motivation to adopt the baby has been prompted by the desire to have a complete family, to be parents, to share their love with a child who is legally theirs and also to get an heir. 6.Concerning the baby, he was on 19-12-2021 found abandoned outside the gate of Dianah Kibisu a resident of Lubao Sub-location. Consequently, Dianah and her husband rescued the baby then aged 8 months old and made a report to the area Assistant Chief and thereafter to Lubao Police Post vide O.B Number 05/19/12/2021. This is confirmed vide the Assistant Chief’s letter dated 2-12-21 and Lubao Police Post initial letter. 7.The child was then taken to Kakamega Referral Hospital for medical check-up and thereafter discharged. A report was made at the Kakamega East Sub-County Children Office which sought for temporary placement at the Child Welfare Society of Kenya. Subsequently, the baby was formally committed at the said institution on 25-02-2022 for Care and Protection for a period of 3 year vide Kakamega Children’s Court C &P Case No.E07 OF 2022. 8.Meanwhile, every effort made by the police to trace the parents and or close relatives did not bear any fruit. This is evidenced by the Lubao Police Post report dated 7-7-2022. The Child Welfare Society’s effort through the print media (People Daily), Citizen Radio and Local Radio Stations, Local Administration and physical tracing of the relatives did not equally bear any positive results. 9.After the expiry of six months, the child having not been claimed, the process of adoption commenced. The child was subsequently declared free for adoption pursuant to Section 184(1)(a) of the children Act. Consequently, a Certificate Serial Number 1118 declaring the child free for adoption was issued on 12-7-2022 by the Child Welfare Society of Kenya. 10.Upon filing the Originating Summons herein and pursuant to Section 188(1) of the Children Act 2022, Peter Mutungi Nzuki was on 15-7-2025 appointed as the Guardian Ad Litem following the filing of Chamber Summons dated 14-4-2025. The Director Children Services and Guardian Ad Litem were directed to file their social inquiry reports. 11.Preceding the substantive hearing proceedings, the Director Children Services, Guardian Ad Litem and Child Welfare Society of Kenya filed their respective social inquiry reports dated 10th September, 2025, 12th July 2025 and 4th May 2026 thus recommending the adoption. The said stake holders described the Applicants as Christians with no criminal record, financially stable having a combined monthly income of over Ksh 20,000, loving and caring, physically and mentally fit. 12.During the hearing, the Applicants urged the court to consider and grant their prayers. They confirmed that they understood the consequences of adoption and that it was permanent. 13.I have considered the application herein, materials in support and testimonies by various witnesses. Issues that emerge for determination are; whether the minor is legally suitable for adoption purposes; whether the applicants have met the requisite requirements to adopt the baby; whether the adoption is in the best interests of the child. 14.The baby herein was found abandoned outside somebody’s gate. At the time, he was estimated to have been about 8 months old. Obviously, the intention for the abandonment was not to safeguard his life but to expose him to danger and possibly death. 15.Despite every effort to trace the minor’s parents or relatives, nothing fruitful has been forthcoming. This is confirmed through the Police Department Lubao Police Post as evidenced from their initial letter dated 20-12-2021 and final letter dated 7-7-2022 and the Child Welfare Society of Kenya’s effort through advertisement in the Print and Electronic Media. In the absence of any relative or claim over the baby, the need for consent in compliance to Section 186 and 187 of the children Act is dispensed with. 16.Touching on the question of his nationality, Article 14 (4) of the Constitution is the source of protection. Under this provision, any child found in Kenya when below 8 years and whose parents or nationality is not known is presumed to be a Kenyan by birth. In the circumstances of this case, the child is deemed to be a Kenyan given his age and circumstances under which he was found. 17.Besides, Section 185 of the Children Act also does recognize any child residing in Kenya whether born in Kenya or not as eligible for adoption. Considering that the baby was abandoned the year 2021 without anybody laying claim over him, declared fit for adoption on 12-7-2022 and placed under the care and control of the Applicants on 26th 26-5-2023 for a mandatory period of 3 consecutive months, I am satisfied that the child is legally available for adoption. 18.Concerning the suitability of the Applicants, they are Kenyan Citizens aged between 25 and 65 years thus satisfying the requirement under Section 186 of the Children Act. They have been described as financially stable, responsible, caring, Christians and understands the consequences of adoption. This being a local adoption, I am satisfied that they have satisfied the requirements to adopt the baby. 19.Regarding the crucial factor in considering an adoption case, the court is duty bound to determine whether the adoption is in the best interests of the child pursuant to Article 53 (2) of the Constitution. Further, Section 8 (2) and (3) of the Children Act in collaboration with Article 3 (1) of the United Nations Convention on the rights of a child, the court is guided by the best interests’ principle of a child as a paramount or primary consideration before granting the adoption. 20.In this case, the baby was abandoned at somebody’s gate. Nobody has come forward to claim him. By inference, the conduct of the parent or whoever abandoned him was to expose the child to danger or death. He has since found a warm and welcoming home. He has been enjoying parental love and continues to enjoy basic necessities like food, clothing, medical care, shelter and parental guidance. By all standards, the child is happy. 21.The child has been assured of inheritance and generational identify. He has fully bonded with the adoptive parents. I have no doubt; the adoption is in the best interests of the child. Accordingly, I am persuaded to allow the application with orders that;1.The Applicants are allowed to adopt baby J G who hereafter shall be known as VMN.2.The child’s date of birth shall be 1-4- 2021 and place of birth Lubao Sub-Location Kakamega County Kenya.3.The consent of the biological parents and or relatives is dispensed with.4.The child is declared as a Kenyan Citizen.5.The Registrar General is directed to enter the adoption in the Adopted Children’s Register.6.The Guardian Ad Litem is hereby discharged.7.JKK is hereby appointed as Legal Guardian to the minor in the event of death or incapacitation befalling the Applicants. DATED, SIGNED AND DELIVERED VIRTUALLY AT MAKUENI THIS 17TH DAY OF JULY 2026.....................................J N ONYIEGOJUDGE