[2025] KEHC 1010 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, 2022. The child had been abandoned and was in need of care and protection. The applicants, who have no biological children, had cared for the child for 10 months and were found suitable by all...
Source-derived case information.
- Citation
- [2025] KEHC 1010 (KLR)
- Parties
- Applicant: Nicholas Mutua Mbatha; Applicant: Dorothy Kanini Musau
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E027 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- EN Maina
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Mutua Mbatha
Applicant
Dorothy Kanini Musau
Applicant
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 all necessary consents and reports have been duly filed and considered.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, 2022. The child had been abandoned and was in need of care and protection. The applicants, who have no biological children, had cared for the child for 10 months and were found suitable by all relevant authorities. The court was satisfied that the adoption was in the best interests of the child, and that the applicants understood the implications of adoption. Accordingly, the court granted the adoption order, appointed legal guardians, and directed that the child be known by his new name.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child.
- The child shall henceforth be known as MMM.
Full Case Text
Judgment text and source record
24 paragraphs
In re MB (Child) (Adoption Cause E027 of 2024) [2025] KEHC 1010 (KLR) (27 February 2025) (Judgment)
Neutral citation: [2025] KEHC 1010 (KLR)
Republic of Kenya
In the High Court at Machakos
Adoption Cause E027 of 2024
EN Maina, J
February 27, 2025
IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY MOSES BARAKA - ABANDONED MALE (CHILD) AND IN THE MATTER OF APPLICATION OF ADOPTION BY NICHOLAS MUTUA MBATHA .......................................1ST APPLICANT DOROTHY KANINI MUSAU ..........................................2ND APPLICANT
In the matter of
NMM
1st Applicant
DKM
2nd Applicant
Judgment
1. The child in this matter, a boy now aged two (2) years was rescued by a good Samaritan, one DD of Tel No. 0115XXXX at the Missionaries of fathers seminary located at Rimpa in Ongata Rongai upon being abandoned there by his mother on 18th December,2022
2. The incident was reported to the Ongata Rongai Police station within whose locality the abandonment had occurred and the child was taken to the Missionaries of Charity – Huruma where he was admitted on 18th December, 2022 temporarily. On 4th January, 2023 he was transferred trough the Sub- County Children’s Officer Kajiado North to New Life Mission – Samaritan Children’s Home.
3. On 27th November, 2023 the child, by then named Baby M was committed to the New Life Mison – Samaritan children’s Home as in need of care and protection in the Children’ Court at Ngong vide Case number EXXX of 2023. Subsequently, on 6th April, 2024 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. They started living together in the year 2000 and later registered their marriage on 7th November, 2023 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 Home Adoption Society.c.Report of the Directorate of Children’s Services – County Coordinator Children Servicesd.Consents of CMK and PMM 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 10 months 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 MMM .
9. CMK and PMM are hereby appointed to act as Legal Guardians of 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 for Ms Mbuvi for the ApplicantsGeoffrey – Court AssistantBoth Applicants – Absent