[2025] KEHC 1301 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including the filing of reports from the Guardian Ad Litem, Adoption Agency, and Directorate of Children’s Services, as well as obtaining the necessary consents for legal guardianship. The child, having been abandoned and...
Source-derived case information.
- Citation
- [2025] KEHC 1301 (KLR)
- Parties
- Applicant: JNN; Applicant: EMM
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E028 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- EN Maina
- Legal Topics
- Adoption of Children, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JNN
Applicant
EMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and reports have been duly filed and considered.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including the filing of reports from the Guardian Ad Litem, Adoption Agency, and Directorate of Children’s Services, as well as obtaining the necessary consents for legal guardianship. The child, having been abandoned and unclaimed, was placed under the applicants' care for five years, during which they demonstrated their capacity and willingness to provide for her welfare. The court was satisfied that the adoption was in the best interests of the child, as required by law, and that the applicants understood the implications of adoption and had already assumed parental responsibilities. Accordingly,...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child, who shall henceforth be known as AMN.
- JMN and MNM are appointed as legal guardians for the minor.
Full Case Text
Judgment text and source record
24 paragraphs
In re Baby BM - Abandoned Female (Child) (Adoption Cause E028 of 2024) [2025] KEHC 1301 (KLR) (27 February 2025) (Judgment)
Neutral citation: [2025] KEHC 1301 (KLR)
Republic of Kenya
In the High Court at Machakos
Adoption Cause E028 of 2024
EN Maina, J
February 27, 2025
IN THE MATTER OF BABY BM - ABANDONED FEMALE (CHILD) AND IN THE MATTER OF AN APPLICATION OF ADOPTION BY:
In the matter of
JNN
1st Applicant
EMM
2nd Applicant
Judgment
1. The child in this matter, a girl now aged about (six) 6 years, was rescued by police officers on patrol at Makongeni Phase six on 27th July 2018 and taken to Thika Level 5 Hospital.
2. The incident was reported to Makongeni Police Station within whose locality the abandonment had occurred. After the medical checkup at the Thika Level 5 Hospital the child was admitted to Macheo Children’s Centre for care and protection and was on 17th August 2018.
3. On 27th November 2018 the child, was committed to Macheo Children Centre for care and Protection at the Thika Children’s Court vide Protection and care No.199 of 2018. Subsequently, on 30th September, 2019 the minor was placed in the custody of the Applicants who had expressed willingness to adopt a child. The child was never claimed.
4. The Applicants have been married to each other under Kamba Customary Law for the last Twenty four (24) years. Their marriage is registered under the Marriage Act and they have obtained a Marriage Certificate.
5. The Applicants are both gainfully self-employed and currently have no biological children of their own.
6. The following reports have been duly filed in regard to the adoption. -a.Report of the Guardian Ad Litemb.Report of the Adoption Agency – Kenya Children’s Homes Adoption Society.c.Report of the Directorate of Children’s Services – County Coordinator Children Servicesd.Consents of JMN and MNM to act as Legal Guardians.
7. All the filed Reports recommend this adoption which is within a family. The child has been under the continuous care of the Applicants for the last 5 years and they come highly recommended as adoptive parents for the child and having carefully considered all the material before me, I am satisfied that the adoption is in the best interest of the child. The Applicants fully understand the implications of an order of adoption and have already assumed their responsibilities. In the premises, I grant the orders sought in the application.
8. The child will now be known as AMN.
9. JMN and MNM are hereby appointed to act as Legal Guardians for the minor.It is so ordered.
JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025. E. N. MAINAJUDGE27/02/2025In the presence of:Mr. Nagwere holding brief for Miss Mbuvi for the ApplicantsGeoffrey – Court AssistantApplicants – Both Absent