https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8738

In re WWW (Child) (Adoption Cause E001 of 2026) [2026] KEHC 8738 (KLR) (22 June 2026) (Judgment) Neutral citation: [2026] KEHC 8738 (KLR) Republic of Kenya In the High Court at Murang'a Adoption Cause E001 of 2026 GL Nzioka, J June 22, 2026 IN THE MATTER OF THE CHILDREN'S ACT AND IN THE MATTER OF THE ADOPTION OFWWW, (A CHILD) In the matter of JWW Applicant Judgment 1.By an originating summons dated 2nd February 2026, the brought under the provisions of; section 4 and 154 of the Children Act 2001, section 9 of the Kenya Citizenship and Immigration Act No. 12 of 2011 and section (sic) Article 14 constitution of Kenya 2010, the applicant is seeking for the following orders: -a.That the applicants be authorized to adopt the child WWW;b.That the consent of the biological parents be dispensed with as the child was abandoned;c.That upon making of the adoption order the said child be known as SMW;d.That the Registrar General do make the appropriate entry of SMW; in the adopted children register.e.That the said SMW; be presumed to be a Kenyan citizen born in Kenya and that the Director of Immigration services do issue SMW with a Kenyan passport;f.That the entry reflects the child's father as JWM.g.That Maria Nyambura Mungai be appointed legal guardian of the child SMW. 2.The originating summons is supported by an affidavit sworn by applicant, in which she avers that she was married to one JWM through customary marriage. However, her husband passed away on 17th June 2024, as evidence by the death certificate availed. 3.That they had no biological children at the time of his demise. That prior to his demise they had made a joint application and the child placed in their custody on 12th April 2019. Consequently, they lived with the child together for five (5) years prior to the demise of her husband. 4.She avers that the child is of a Kenyan African race but there are no details of the child's religious persuasion. However, he knows his parents as; JWM and JWW, and his documents bear the parents name. 5.That she is a farmer who resides in Maragua Sub county, Muranga County. That she is a Christian; has sound mind and in good health. Further she is not related to the child. 6.That she has not been tried or convicted of any offence by any competent court. Furthermore, she has not received or agreed to receive, and no person has given her or made any payment on reward in consideration of adoption. Finally, she has not made any previous application for adoption. 7.Notably the application is anchored on the provisions of section 4 and 154 of the Children Act, 2001 which was repealed, on 26th July, 2022. 8.Be that as it were, the application is considered in the light of the provisions of section 183 of the Children Act No. 29 of 2022 which empower the High Court upon hearing an application seeking for an adoption order to make the order authorizing the applicant to adopt a child. 9.Furthermore, section 184 of the Act set down the perquisites for adoption including inter alia; requirement that the child has been declared free for adoption by a registered adoption society. 10.Pursuant to the aforesaid, the adoption process includes: -a.The applicant must apply directly to a Registered Adoption Society in Kenya for engagement arrangements;b.The society conducts an evaluation exercise involving; home study, background check, and medical/financial assessment to gauge the suitability of the applicant;c.Once a match is made, the child must be in the continuous care and control of the applicant(s) in Kenya for a mandatory three (3) month foster/observation period known as the fostering period;d.That following the three (3) month period, a petition is filed in the High Court of Kenya for appointment of a guardian ad litem (a child welfare officer) to independently represent the child's best interests;e.That if the High Court is satisfied, it issues a final Adoption Order, transferring full legal parental rights and responsibilities;f.Finally, the order is then presented to the Registrar of Children Services to update the Adopted Children Register, which allows for the issuance of a new birth certificate. 11.In considering whether the above requirements have been satisfied, the court note that the applicant has availed the following documents: -a.A report dated 12th April 2019 from the Child Welfare Society of Kenya, which include an agreement of placement of the child;b.A report dated 4th March 2026 from the State Department for Children Services Directorate of Children, indicating the applicant has fulfilled the requirements for local adoption 12.In addition, the court appointed Peter Ngugi Mburu guardian ad litem vide an order herein dated 2nd March 2026 and the relatives and/or family members interested in the matter orally examined by the court. 13.Pursuant to the aforesaid, I find that the applicant has generally satisfied the requirements of section 186 of the Children Act and I allow the originating summons herein in terms of prayers (1) (3), (4) (6) and (7). Prayers (2) and (5) are not granted as they either flow from other prayers granted or not relevant to the process herein. 14.It is so ordered. DATED, DELIVERED AND SIGNED ON THIS 22ND DAY OF JUNE 2026.GRACE L. NZIOKAJUDGEIn the presence of:The applicant in personMr. Mwangi: Court Assistant