[2025] KEHC 3921 (KLR)
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act, 2022, including the provision of necessary consents, suitability assessments, and positive recommendations from the Guardian Ad Litem, Child Welfare Society of Kenya, and Directorate of Children.s Services....
Source-derived case information.
- Citation
- [2025] KEHC 3921 (KLR)
- Parties
- Applicant: JGM; Applicant: GMG; Respondent: MN
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E026 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed; adoption order granted
- Judges
- EN Maina
- Legal Topics
- Adoption Orders, Child Welfare, Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JGM
Applicant
GMG
Applicant
MN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under the Children Act, 2022.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the necessary consents and reports have been duly obtained and filed.
Ratio Decidendi
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act, 2022, including the provision of necessary consents, suitability assessments, and positive recommendations from the Guardian Ad Litem, Child Welfare Society of Kenya, and Directorate of Children.s Services. The adoption was determined to be in the best interests of the child, who had been under the Applicants. continuous care since May 2022. The Applicants demonstrated understanding of the legal implications and responsibilities of adoption. The court therefore allowed the application and granted the adoption order, appointing a legal guardian and directing the Registrar to enter...
Court Disposition
application allowed; adoption order granted
Orders
- The Applicants are allowed to adopt the child and an adoption order shall issue.
- The child shall now be known as Claudio Silvester Mutugi and his date of birth shall be 16th September, 2021.
Full Case Text
Judgment text and source record
23 paragraphs
In re Baby MD (Child) (Adoption Cause E026 of 2024) [2025] KEHC 3921 (KLR) (27 March 2025) (Judgment)
Neutral citation: [2025] KEHC 3921 (KLR)
Republic of Kenya
In the High Court at Machakos
Adoption Cause E026 of 2024
EN Maina, J
March 27, 2025
IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY MD (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY:
In the matter of
JGM
1st Applicant
GMG
2nd Applicant
Judgment
1. The child in these proceedings is a boy now aged about three and a half (3½) years. He was born at Kiambu Level 5 Hospital on 16th September, 2021 to one MN. The child’s mother had earlier visited the Child Welfare Society of Kenya offices on 7th May, 2021 with the intention of offering her child up for adoption. On 13th October, 2021 the child was placed at Child Welfare Society of Kenya, Mama Ngina Kenyatta Temporary Place of Safety and later committed at the said home for temporary care and protection. On 8th December, 2021 the child’s mother, MN, visited Child Welfare Society of Kenya offices and duly gave her consent for the child to be adopted.
2. The child remained under the care of the Child Welfare Society of Kenya, Mama Ngina Kenyatta Temporary Place of Safety until 27th May, 2022 when he was placed with the prospective adoptive parents for foster care.
3. The Applicants herein are spouses having married under the African Christian Marriage on 9th November, 2013 and hold a Certificate of Marriage No.74XX9.
4. The Applicants are both gainfully self-employed and currently do not have biological children of their own.
5. The following Reports have been duly filed in regard to the adoption. -a.Report of the Guardian Ad Litemb.Report of the Child Welfare Society of Kenya declaring the child free for adoption and also recommending the adoption.c.Report of the Directorate of Children’s Services – County Coordinator Children Services – Machakos.d.Affidavit of the proposed Legal Guardian RGM.
6. All the reports filed recommend this adoption which is a local adoption and family based. The child has been under the continuous care of the Applicants since 27th May, 2022 and they come highly recommended as adoptive parents for the child.
7. Having carefully considered all the material before me, I am satisfied that the adoption complies with part XIV of the Children Act and 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. They met all the conditions for adopters set out in the Act.
8. Accordingly, the application is allowed and orders are granted as follows:1. That the Applicants are allowed to adopt the child and an adoption order shall issue.2. That the child shall now be known as Claudio Silvester Mutugi and his date of birth shall be 16th September, 2021. 3.That RGM is hereby appointed as the Legal Guardian of the child.4. That the Guardian Ad Litem is hereby discharged.5. That the adoption order shall be lodged with the Registrar and the Registrar is hereby directed to enter the adoption in the Adoption Children Register.It is so ordered.
JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF MARCH, 2025. E. N. MAINAJUDGEIn the presence of:JGM 1st ApplicantGMG – 2nd ApplicantCourt Assistant – Wambua