In re DG (Baby) [2026] KEHC 3604 (KLR)

In re DG (Baby) (Adoption Cause E338 of 2025) [2026] KEHC 3604 (KLR) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 3604 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Adoption Cause E338 of 2025 PM Nyaundi, J March 19, 2026 IN THE MATTER OF THE CHILDREN’S ACT, 2022

AND

IN THE MATTER OF BABY DG AND In the matter of JGN 1 st Applicant MWG 2 nd Applicant Judgment 1. Vide application dated October 24 th November, 2025 the Applicants seek the following orders: a. They are authorised to adopt Baby DG, a minor. b. Henceforth, Baby DG shall be known as SMG. c. The Registrar General be directed to enter this adoption into the Adopted Children’s Register. d. The Registrar of Births do issue the child a Birth Certificate with the new name. e. The minor be presumed to be a Kenyan Citizen born in Kenya. f. HMN and JMN be appointed as the Legal Guardians of the minor.

2. The Applicants are a Kenyan Citizen legally married and solemnized their marriage on 16th August, 2008.

2005. They reside in [Particulars Withheld], Kiambu County. The 1st Applicant is a businessman, while the 2nd Applicant is a lecturer at [Particulars Withheld] University, which means to provide for the child. They have been having custody of the minor since 6th August, 2025. That their motivation to adopt stems from their desire to have more children and provide their two adopted children with a sibling and to offer a child full parental care while fulfilling their long-held wish to expand their family. They fully understand the implications of an adoption order. They also have two adopted children aged 12 years, 10 years.

3. Baby DG (the minor herein) is a male Child presumed to have been born on 28 th February, 2023. The minor child was found abandoned by his biological mother on 2 nd March 2023 in Dandora. The incident was reported and recorded vide OB No. 53/02/03/2023 at Police Station. The Child was placed temporarily at Imani Children’s Home in Dandora having been found to be a child in need of care and protection. Subsequently, the child was later committed to the said facility 28th May 2025, through the Children’s Court sitting in Nairobi under MCP & CCO E264/2025. That Dandora Police Station confirmed by their final letter dated 31st July 2025, that nobody had claimed the child since he was abandoned. The search for his both parents has been fruitless 4. The Applicants approached Buckner Kenya Adoption Services on 29 th November, 2024, seeking to adopt the child. They were taken through an explanatory memorandum and duly signed the certificate of Acknowledgment dated 23rd November, 2024. Later, the child was declared free for adoption by Case Committee on 28 th February, 2025 vide freeing Certificate Serial No. 08XXXX. That on 6th August 2025, the minor was placed in the Applicants’ care and they have since had custody of the child.

5. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. Vinnie Grace, Sub- County Children Officer - [Particulars Withheld], submitted a report dated 27 th February, 2026 where the Officer confirmed that the Child, the Applicants and immediate families have bonded well. The child appears healthy, well cared for and comfortable, Applicants have demonstrated consistent dedication to the child’s welfare. The Applicants are socially, financially and emotionally capable of raising the Child. It also confirmed that the Applicants had a clean bill of health and that they had no criminal record as evidenced by copy of their certificates of good conduct and medical records attached. Another positive report filed on 10 th March, 2026 by BWM , the Guardian Ad Litem, recommend the adoption of the minor by the applicants.

6. HMN and JMN were both present in Court, they confirmed that they have both consented to be the Legal Guardians of the minor fully understanding that in the event the Applicants are unable to discharge their responsibilities as they will assume full parental responsibilities over the minor.

7. The Court interviewed the minor, he was non-responsive however, the Director of Children’s Service confirmed the identity of the child. Determination 8. After carefully assessing the records herein, I am satisfied that the Applicant has fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act , 2022 provides. The Court may make an adoption order on application by- (1) (a) Sole applicant; or (b) Two spouses jointly. (2) The court shall not make an adoption order in any case unless- i. the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and ii. The applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child. (3) The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child.

9. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. The Court is conscious of the law; Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & Banjul Charter all amplify on the best interests of the child.

10. 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. All the necessary Reports and consents required for this Adoption have been filed. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. 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 Applicants. It is evident that the Applicants had previously adopted two children as per report from Buckner Kenya Adoption Services prior to the present application and are therefore capable of providing proper care for the minor.

9. 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.” 10. 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, JGN and MWG are hereby allowed to adopt Baby DG. b. Henceforth, the child shall be known as SMG. c. His date of birth shall be 28 th February, 2023. d. He is presumed to be a citizen of Kenya by birth. e. HMN and JMN are hereby appointed as legal guardians of the child f. The Registrar General to enter this order in the Adoption Children Register. g. The Registrar General be authorised to issue the child a Birth Certificate. h. The Director of Immigration is authorised to issue the child a Kenyan Passport. i. The guardian ad litem is hereby discharged. It is so ordered. SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 19 TH DAY OF MARCH, 2026. P. NYAUNDI

HIGH COURT JUDGE In the presence of: Ng’alamoi Court Assistant No appearance by parties