[2025] KEHC 7432 (KLR)
The court found that the applicants, a married couple, had satisfied all statutory requirements for kinship adoption under the Children’s Act, 2022. The child, having been abandoned and declared free for adoption, was in need of care and protection. The applicants demonstrated financial stability, emotional and...
Source-derived case information.
- Citation
- [2025] KEHC 7432 (KLR)
- Parties
- Applicant: POM; Applicant: NNO; Respondent: NNA
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E295 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- SN Riechi
- Legal Topics
- Kinship Adoption, Best Interests of Child, Child Abandonment, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
POM
Applicant
NNO
Applicant
NNA
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for kinship adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child as required by Article 53(2) of the Constitution and Section 8 of the Children’s Act, 2022.
- 3 Whether the consent of the biological parents can be dispensed with due to their unknown whereabouts.
Ratio Decidendi
The court found that the applicants, a married couple, had satisfied all statutory requirements for kinship adoption under the Children’s Act, 2022. The child, having been abandoned and declared free for adoption, was in need of care and protection. The applicants demonstrated financial stability, emotional and physical fitness, and a supportive home environment, as confirmed by reports from the adoption society, guardian ad litem, and Children Services. The legal guardian consented to his appointment, and the consent of the biological parents was lawfully dispensed with due to their unknown whereabouts. The court determined that the adoption was in the best interests of the child, as...
Court Disposition
adoption granted
Orders
- The applicants POM and NNO are allowed to adopt Baby AA, who shall henceforth be known as DJO.
- NNA is appointed the legal guardian of the child.
Full Case Text
Judgment text and source record
33 paragraphs
In re Baby AA (Adoption Cause E295 of 2024) [2025] KEHC 7432 (KLR) (Family) (22 May 2025) (Judgment)
Neutral citation: [2025] KEHC 7432 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E295 of 2024
SN Riechi, J
May 22, 2025
IN THE MATTER OF KINSHIP ADOPTION OF BABY AA
In the matter of
POM
1st Applicant
NNA
2nd Applicant
Judgment
1. The Applicants POM and NNO are in a monogamous marriage which was solemnized on 14th December 2023 at the Office of the Registrar of Marriages as evidenced by a copy of their marriage certificate serial number 001XXXXX attached to the application.
2. The 1st applicant POM is a Kenyan Citizen aged 40 years old born on 1st January, 1985 as evidenced by a copy of his National Identification Card number 2470XXXXX attached to the summons. The 2nd applicant NNO , is a Kenyan Citizen aged 31 years old born on 16th May,1993 as evidenced by a copy of her national identification card number 30050XXXX attached to the application.
3. The applicants have not been blessed with their own biological child and they now wish to adopt through an originating summons dated 18th December 2024 a male child known as Aaron Amos aged 1. 2years old having been born on 21. 11. 2023 as evidenced by a copy of his birth certificate serial number 021XXXXX attached to the summons.
4. From the pleadings, the court finds that the 1st applicant is an accountant by profession and currently employed by Chandaria Industries. The 2nd applicant is a Nurse and currently employed at Kenyatta University Teaching and Referral Hospital . The applicants reside in Roysambu within Nairobi County.They both profess Christian faith.
5. From the evidence on record this court finds that the child in this matter was born on 21. 11. 2023. He was found abandoned at xxxxxx ,Ongata Rongai by a good Samaritan named MM of Phone Number xxxxxxx5423 who took the child to Ongata Rongai Station and the case was recorded as OB.NO.16/24/11/2023 as evidenced by a copy of initial police letter dated 28. 11. 2023 attached to the application.
6. The evidence on record indicates that on 28th November,2023 the sub-county Children’s Officer requested the child to be committed to Mahali Pa Maisha Infant Rescue Center for care and protection.
7. On 15th April,2024 the child was committed to the care and protection of MahaliPa Maisha Infant Rescue Center through the Children’s Court at Ngong under Care and Protection Case Number C&P/Exxxxx/2024 as evidenced by a committal order attached to the application.
8. Prior to the hearing of the adoption application, Buckner Kenya Adoption Society prepared and filed a report dated 9th January,2025 . They also issued a Certificate serial number 07xxx declaring the child free for adoption as evidenced by the copies of a report and a certificate declaring a child free for Adoption attached to the application.
9. The applicants stated that they have no previous criminal record and no pending criminal prosecution as evidenced by their respective police clearance certificates attached to the application.
10. The applicants are both physically and emotionally fit and healthy to parent, love and care for the child as evidenced by copies of their respective Medical reports attached to the application.
11. The applicants are financially stable and they are therefore able to provide fully for the child’s need as evidenced by copies of their financial documents attached to the application.
12. The guardian ad litem Ms.Ann Ruguru Kirugi filed a report dated 21st February,2021 which was favourable and recommended the adoption of the child by the Applicants.
13. Ms. Wilfred Ikinya ,an Assistant Director Children Services conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 17th February, 2025 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and the applicants have fulfilled the statutory requirements.
14. The legal guardian Mr.NNA consented to be appointed as legal guardian of the child and he filed a letter of consent attached to the application. The consent of the biological parents was dispensed with since their whereabouts is unknown.
15. The child was in court during the virtual hearing and appeared to have bonded well with the Applicants.
16. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child.
17. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act,2022. I find that it is in the best interest of the child to be adopted by the Applicants. I therefore allow the prayers sought in the originating Summons dated 18th December,2024 and Order as follows:i.The Applicants POM and NNO are hereby allowed to adopt Baby AAwho shall henceforth be known as DJO.ii.NNA is hereby appointed the legal guardian of the child.iii.The Registrar General is directed to enter this Order in the Adopted Children Registry.iv.The guardian ad litem is hereby discharged.
DATED AT NAIROBI THIS 22ND DAY OF MAY 2025…………………S. N. RIECHIJUDGE