[2025] KEHC 5671 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption, including being a fit and proper person, having no criminal or medical impediments, and having provided continuous care, protection, and custody to the child. The child, having been abandoned and declared free for adoption, has no...
Source-derived case information.
- Citation
- [2025] KEHC 5671 (KLR)
- Parties
- Applicant: IWN
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- AK Ndung'u
- Legal Topics
- Adoption Order, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under Kenyan law.
- 2 Whether granting the adoption order is in the best interests of the child JB alias JM.
- 3 Whether the applicant is fit and proper to provide for the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption, including being a fit and proper person, having no criminal or medical impediments, and having provided continuous care, protection, and custody to the child. The child, having been abandoned and declared free for adoption, has no known relatives or claimants. The applicant demonstrated the means and willingness to provide for the child's welfare, education, and emotional needs. The reports from the Guardian ad Litem, Little Angels Network, and Directorate of Children Services all supported the adoption, confirming the applicant's suitability and the child's best interests. The court concluded that...
Court Disposition
adoption order granted
Orders
- The applicant is authorized to adopt JB, who shall henceforth be known as JM.
- JK and LNN are appointed legal guardians of the minor.
Full Case Text
Judgment text and source record
21 paragraphs
In re Adoption of JB alias JM (Child) (Adoption Cause E001 of 2024) [2025] KEHC 5671 (KLR) (7 May 2025) (Judgment)
Neutral citation: [2025] KEHC 5671 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Adoption Cause E001 of 2024
AK Ndung'u, J
May 7, 2025
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER
AND
IN THE MATTER OF JB alias JM (CHILD)
In the matter of
IWN
Applicant
Judgment
1. The Applicant, IWN has, vide an originating summons dated 16/02/2024 sought an adoption order in respect of the Child known as JB.
2. She stated that she is a business lady and a retired teacher and she is a Kenya Citizen living in Kenya. She had one biological child who unfortunately met her untimely death at the age of 26 years on 14/02/2020.
3. The Child sought to be adopted was found abandoned at a maternity area of a hospital by a good Samaritan on 21/12/2016 and was estimated to be six months old. The matter was reported at Kasarani police station vide OB 32/22/12/2016 on 22/12/2016 by the good Samaritan. On the same day, the child was admitted at Mogra Rescue Centre and was formally committed to the said rescue centre vide Nairobi Children’s Court Protection and Care Case No. 312 of 2017 on 27/08/2021.
4. On 20/05/2022, CPL Hellen Morgan from Kasarani Police Post confirmed that no one has ever come forward to make a report concerning the child. On 24/05/2023, the Child was placed under the care, protection and custody of the Applicant, and has been in her continuous and unbroken care, protection and custody up to the present. He is now about 8 years old and nobody has ever come forward to claim the him and he was declared free for adoption by a certificate dated 26/04/2023.
5. From the record, the following necessary reports have been filed;i.The Guardian ad Litem dated 16/02/2024ii.Little Angels Network report dated 02/03/2022. iii.The Directorate of Children Services, Laikipia County, dated 07/10/2024.
6. Upon perusal of all the material placed before the court, I am satisfied that all legal requirements for the adoption order sought have been met.1. I have considered the personal circumstances of the Applicant, including her current occupation, incomes and social standing. From the material placed before this court, the Applicant has no history of any medical complications that can hinder her from giving the child quality upbringing. The Applicant has been in continuous custody of the child since 24/05/2023 and has taken him to school and the child is now in primary school.2. The Applicant is also said to be a committed Christian. The Little Angels Network stated that the Applicant is a kind and outgoing Christian who desires to have children of her own and someone to complete her family. The Children’s Officer also described her as responsible and capable of providing for the child. The attached criminal citation search shows that the Applicant has no past criminal record.3. The Children’s Officer was satisfied that the general environment in which the child lives was conducive for his upbringing and based on their findings and observations, the Children’s officer recommended that the Applicant be allowed to adopt the child.4. I am persuaded that the Applicant not only has the will to adopt the child as her own biological child, but she has also demonstrated that she has the means to provide him with shelter, clothing, food, education and, most importantly, the parental care and protection that he needs and deserves. I have no doubt at all that she has provided and will continue to provide to the Child a conducive home for wholesome upbringing.5. Finally, I am satisfied that the Applicant is financially and materially capable of giving a good and proper upbringing to the Child, and is already providing him with a conducive and loving home. The adoption order sought is in the best interest of the welfare of the Child.6. I will in the circumstances grant the adoption order sought. The Applicant be and is hereby authorized to adopt JB who shall henceforth be known as JM. JK and LNN are hereby appointed the legal guardians of the minor. The Applicant be and is hereby authorized to adopt JB who shall henceforth be known as JM. The Child having been born in Kenya, is obviously a Kenyan citizen. The Registrar-General is hereby directed to enter this adoption order in the Adopted Children’s Register.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF MAY 2025. A.K. NDUNG’UJUDGE