[2025] KEHC 313 (KLR)
The court found that the Applicants had fulfilled all statutory requirements for adoption under the Children Act, 2022, including positive assessments by the Guardian Ad Litem, Adoption Agency, and Directorate of Children’s Services. The child had been abandoned, was never claimed, and had been under the Applicants'...
Source-derived case information.
- Citation
- [2025] KEHC 313 (KLR)
- Parties
- Applicant: SMM; Applicant: JMM
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E010 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption order granted.
- Judges
- EN Maina
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SMM
Applicant
JMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the adoption is in the best interests of the child.
- 2 Whether the Applicants meet the legal requirements for adoption under the Children Act, 2022.
- 3 Whether due process was followed in the placement and proposed adoption of the child.
Ratio Decidendi
The court found that the Applicants had fulfilled all statutory requirements for adoption under the Children Act, 2022, including positive assessments by the Guardian Ad Litem, Adoption Agency, and Directorate of Children’s Services. The child had been abandoned, was never claimed, and had been under the Applicants' continuous care for 1½ years. The Applicants demonstrated understanding of the implications of adoption and willingness to assume parental responsibilities. The court was satisfied that the adoption was in the best interests of the child and that due process had been followed throughout. Accordingly, the court granted the adoption order, allowing the Applicants to adopt the...
Court Disposition
Adoption order granted.
Orders
- The Applicants are authorized to adopt the child.
- The child shall henceforth be known as ANM.
Full Case Text
Judgment text and source record
23 paragraphs
In re Baby NJ alias Abandoned Male (Child) (Adoption Cause E010 of 2024) [2025] KEHC 313 (KLR) (24 January 2025) (Judgment)
Neutral citation: [2025] KEHC 313 (KLR)
Republic of Kenya
In the High Court at Machakos
Adoption Cause E010 of 2024
EN Maina, J
January 24, 2025
IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY NJ alias ABANDONED MALE (CHILD)
In the matter of
SMM
1st Applicant
JMM
2nd Applicant
Judgment
1. The child in this matter,a boy now aged two (2) years, was rescued by a good Samaritan, one David Onyango of Davisha Health Care upon being abandoned there by his mother on 4th September, 2022.
2. The incident was reported to the New Lucky Summer Police Post within whose locality the abandonment had occurred and the child was taken to the Ruaraka Uhai Neema Hospital where he was admitted to the paediatric ward for treatment. He was discharged on 16th September, 2022.
3. On 22nd February, 2023 the child, by then named Baby NJ was committed to the Rehema PEFA Home by the Children’s Court. Subsequently, on 3rd August 2023 he 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 six (6) 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 – Buckner Kenya Adoption Servicesc.Report of the Directorate of Children’s Services – County Coordinator Children Servicesd.Consents of CMM and NM 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 1½ 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 ANM.It is so ordered.
JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 24TH DAY OF JANUARY, 2025. E. N. MAINAJUDGE24/01/2025In the presence of:Ms Muhanda Advocate for the ApplicantsPatrick – Court AssistantSylvanus Muange – 1st Applicant