https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11608

In re JT (Baby) (Adoption Cause E004 of 2026) [2026] KEHC 11608 (KLR) (27 July 2026) (Judgment) Neutral citation: [2026] KEHC 11608 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E004 of 2026 JWW Mong'are, J July 27, 2026 IN THE MATTER OF BABY J.T -AND- IN THE MATTER OF AN APPLICATION FOR ADOPTION BY F. M. K Judgment 1.What is before this Honourable court for determination is that Applicant’s Exparte Originating Summons filed on 27th February, 2026 and it seeks the following Orders;1.That the Applicant, F. M. K be authorized to adopt the Child identified as Baby J. T.2.That the child be renamed L. M. M.3.That the child’s date of birth be declared to be 7th August 2024 and her place of birth be declared as Nyahururu in Laikipia County4.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.5.That consent of the biological parents/guardians be dispensed with.6.That the guardian ad litem be discharged, and J.K.K. and H. W. M. be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.7.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.8.That this court do issue such further orders as are in the interest of justice. 2.The Applicant is a Kenya single parent born and raised in Katangi, Machakos County. She is a business lady in Machakos town and makes a monthly income of approximately ksh.150,000/- hence have the means to provide for the child. She has had a custody of the child since September 2025. The child is 1 year 10 months old having been born on 7/8/2024. She fully understand the implications of an adoption order and she has never had a child of her own hence she wishes to fulfil the joy of parenthood through adoption. 3.Baby J. T. is a male child born on 7th August, 2024 to Ann Wanjiru at Nyahururu County Referral hospital. The birth mother abandoned the Baby at the hospital two days after birth. The matter was reported at Nyahururu police station by the hospital nurse after efforts to trace her even using the telephone numbers she had provided proved futile. The matter was booked vide OB number 11/09/08/2024. The child stayed in the hospital for about three weeks and was then referred to Children office, Nyahururu. The child was then placed at the New Life Home Trust Nakuru on 22nd August 2024 through the Children court, Nyahururu Law courts P&C E038 of 2024. The Nyahururu Police Station vide their final letter dated 31st July, 2025 confirmed that efforts to trace the child’s relatives were fruitless and no one came to claim the child. Abandonment was therefore presumed and the Child was freed for adoption by Kenya Children’s Home on 17th September 2025 under certificate serial no. 1108. He was later placed with the applicant on 10th October 2025 for the three months mandatory bonding period pending adoption application 4.The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this court allows the Applicant to adopt the child. A report dated 5th May 2026 from Kenya Children’s Homes confirmed that the Child and the Applicant have bonded well, she is socially and financially capable of raising the Child. A report dated 1st July, 2026 from Guardian Ad litem, and another from Machakos Children’s office dated 3rd July, 2026 also recommends the adoption. 5.Proposed Legal Guardians J. K. K and H. W. M. consented to be appointed the Legal Guardians 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 Applicant has 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 Applicant is 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 Servicesestablished that the Applicant 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. 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 Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned after birth and efforts to trace them have yielded no results. 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 Applicant’s application that;a.The Applicant, F. M. K is hereby allowed to adopt Baby J. T a minor.b.Henceforth, the child shall be known as L. M. M.c.His date of birth shall be 7th August 2024.d.He is presumed to be a citizen of Kenya by birth.e.J. K. K. and H. W. M. are hereby appointed as legal guardians of the child.f.The Registrar Generalto 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 Servicesis 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;ApplicantF M KBaby J T