[2025] KEHC 7128 (KLR)
The court found that the applicants had provided a loving, stable, and supportive environment for Baby EM since his placement with them at age one. The child was abandoned at birth, and statutory consents from biological parents were therefore lawfully dispensed with. Reports from the Department of Children Services...
Source-derived case information.
- Citation
- [2025] KEHC 7128 (KLR)
- Parties
- Applicant: Samuel Muriithi Marete; Applicant: Lucy Wanjiru Kibuchi
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E007 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- EM Muriithi
- Legal Topics
- Adoption of Children, Best Interests of Child, Waiver of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Muriithi Marete
Applicant
Lucy Wanjiru Kibuchi
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby EM.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether statutory consents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants had provided a loving, stable, and supportive environment for Baby EM since his placement with them at age one. The child was abandoned at birth, and statutory consents from biological parents were therefore lawfully dispensed with. Reports from the Department of Children Services and the Guardian ad Litem confirmed that the adoption would serve the child's best interests. The applicants demonstrated understanding of the responsibilities of adoption, and suitable legal guardians were proposed and accepted. The court concluded that all legal requirements for adoption were met and that granting the adoption would secure the welfare and rights of the child...
Court Disposition
adoption granted
Orders
- Consent of biological parents dispensed with due to abandonment.
- Applicants authorized to adopt Baby EM, a minor.
Full Case Text
Judgment text and source record
24 paragraphs
In re Adoption of Baby EM (Adoption Cause E007 of 2021) [2025] KEHC 7128 (KLR) (30 May 2025) (Judgment)
Neutral citation: [2025] KEHC 7128 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Adoption Cause E007 of 2021
EM Muriithi, J
May 30, 2025
In the matter of
SMM
1st Applicant
LWK
2nd Applicant
Judgment
1. This is an application by Originating Summons dated 11/9/2021 for the adoption of Baby EM a male child aged 8 years (DOB 18/3/2017).
2. The applicants Samuel Muriithi Marete (57) and Lucy Wanjiru Kibuchi (45) are spouses who are shown to be able to provide for the child and they understand the permanent nature of an adoption as well as it consequences that the child becomes their child with all the rights accruing to a child including inheritances of their property as their biological child. The have lived with the child for eight years from 2017 at the time of the hearing, having received him at one year old to date when he is 8 at Grade 3 at Spring Board Academy.
3. The subject, a male child born on 18th March 2017, was abandoned at Kiambu level 4 hospital and referred to Limuru Children Home and later paced with the applicants on 18/3/2018, and was declared free for adoption under the Adoption society KKPI, Nairobi.
4. By Report dated 20/4/2024 Department of Children Services Kirinyaga County has no objection to the adoption.
5. The Report of the Guardian ad Litem Joseph Githinji Kaiga dated 28/2/2025 recommends the adoption as being in the best interest of the child.
6. The proposed Legal Guardians John Wanjohi, 36, and Jemimah Wanjiru Wamugunda, 31, relatives of the applicants as brother and sister-in-law to the 2nd applicant understands and accepts the role and duties of a legal guardian in the event of disability or death of the applicants.
7. The statutory consents have been waived in view of the circumstances of the case.
8. The Court has seen the subject child and minuted as follows:Court:The Court examines the child and notes that the child is pleasant, happy, well groomed and is pleased with his association with the applicants whom he refers to as Mama Victor and Baba Victor. He can write the Alphabet upto “L” and he number supto 14 and he could write his name EM and he drew a car, and he communicates in both English and Kiswahili”.
9. The Court finds that it is in the best interests that the child gets a home with loving parents who have demonstrated willingness and ability to love, care and protect him as their own child over the period of his placement with them.
Orders. 10. Accordingly, for the reasons set out above, the Court makes the following orders:1. Pursuant to section 187 (1) (a) and (2) (a) of the Children Act, the consent of the biological parents of BABY EM is dispensed with since the child was abandoned shortly after birth.2. The Applicants Samuel Muriithi Marete and Lucy Wanjiru Kibuchi are authorized to adopt BABY EM, a minor.3. The child shall be known as EMM and the Registrar General be directed to enter this adoption into the Register of Adoptions.4. The court appoints John Wanjohi and Jemimah Wanjiru Wamugunda as the Legal Guardians of EMM, the child subject of these proceedings for purposes of section 195(1) of the Children Act.5. The Court directs the Registrar General to make the appropriate entries in the Adopted Children Register in respect of BABY EM now known as EMM pursuant to section 201 (1) of the Children Act.6. The Court orders that the child BABY EM now known as EMM shall be considered a Kenyan Citizen in terms of Article 14 (4) of the Constitution of Kenya.7. The Guardian adLitem is discharged in terms of section 188 (4) of the Children Act.
Orders accordingly.DATED AND DELIVERED THIS 30THDAY OF MAY 2025. EDWARD M. MURIITHIJUDGEAppearances:Applicants in person.