https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7641

In re SK (Child) (Adoption Cause E031 of 2025) [2026] KEHC 7641 (KLR) (28 May 2026) (Judgment) Neutral citation: [2026] KEHC 7641 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E031 of 2025 EN Maina, J May 28, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY SK (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY: In the matter of MMK Applicant Judgment 1.The subject in these proceedings is a female child now aged approximately seven years. She was born on 11th April 2019 at Mbagathi District Hospital to one SK (as per the hospital records annexed). The mother who was reported to have hailed from Ngando abandoned the child at the hospital on 12th April 2019. The matter was reported at Kenyatta Police Post by BE of Tel No. 07xxxxxxx9 and FLM of Tel No. 07xxxxxx43 vide OB/27/12/4/19. On 25th April 2019, the child taken to the New Life Home Trust – Kilimani after the Social Worker at Mbagathi District Hospital sought and secured a vacancy at the said home for her. 2.Subsequently, on 6th November2019, the Resident Magistrate at Nairobi Children’s Court committed the child to the New Life Home Trust for three years, following an application by the Sub-county Children Office - Kibra, for care and protection vide Care and Protection Case No. 1403 of 2019. 3.Comprehensive investigations were conducted by the police to trace the child’s family as confirmed by a letter from Kenyatta Police Post addressed to New Life Home Trust dated 9th January 2020 which stated that no one ever came to claim the abandoned child and their efforts to trace the child’s relatives were in vain since Mbagathi Hospital did not avail the patient’s personal information to them. 4.In a meeting held on 15th February 2023, the case Committee of the Kenya Children’s Home Adoption Society, declared the child free for adoption and issued a Certificate No. xxx to that effect. 5.The applicant MMK made an adoption application to Kenya Children’s Home Adoption Society on 25th September 2018 with an intention of being ratified for placement with a child of any gender aged between six (6) months to one (1) year. An interview session was done on 9th September 2018 and a home visit conducted on 18th January 2019 at her Tala residence. The applicant was approved to be a suitable potential adoptive parent by the Adoption Society Case Committee sitting of 17th April 2019 and was subsequently placed with the child herein Baby SK of New Life Home Trust on 6th March 2023. The applicant has been fostering the child ever since the child was placed in her care. Prior to placement, the minor herein SK was declared free of adoption by the Society case committee sitting of 15th February 2023 and a certificate declaring the minor free for adoption issued. 6.The applicant is a resident of [particulars withheld] in Matungulu Sub-county within Machakos County. The applicant is currently single but is in a relationship. She lives in a two bedroomed house with all amenities provided and the environment is conducive for a growing child. She works at [particulars withheld] Secondary as their cateress hence is stable financially as she has an income from employment. The applicants does not have a child of her own and is desirous of having one to love and bring up in addition to giving back to the society. The applicant’s future plans for the adoptive child include raising the child well, educating as well as imparting good moral values. The applicant is a Christian fellowshipping at AIC church, is of good heath and has no criminal records. 7.The applicant is 42 years old and hence qualifies to be an adopter. 8.The applicant’s extended family are supportive of the adoption and have chosen her sister NK as the proposed legal guardian of the adoptive minor. 9.The following Reports have been duly filed in regard to the adoption.-(a)Report of the guardian ad litem dated 5th March 2026.(b)Report from the Kenya Children’s Home Adoption Society dated 2nd December 2025 recommending the adoption.(c)Report from the Directorate of Children’s Services Machakos County dated 4th March 2026 recommending the adoption.(d)Consent of NMK to act as legal guardian sworn on 5th September 2025. 10.All the Reports recommend this adoption which is family based and local. The child has been under the continuous care of the applicant since 6th March 2023 and they have bonded well and the guardian ad litem highly recommends her as an adoptive parent. 11.Having carefully considered all the material before me, I am satisfied that the application meets the conditions of part XIV of the Children Act and is in the best interest of the welfare of the child. The applicant fully understands the implications of an order of adoption and has already assumed her responsibilities towards the child. She has also met all the conditions of an adopter as set out in the Act. 12.Accordingly, the application is allowed and orders are granted as follows: -1.That the applicant MMK be and is hereby allowed to adopt the child and an adoption order shall issue.2.That the child shall now be known as AM.3.The child’s date of birth shall be 11th April 2019 and the place of birth shall be Mbagathi District Hospital.4.That NMK be and is hereby appointed as the legal guardian of the child.5.That the guardian ad litem is hereby discharged.6.That this adoption order shall be lodged with the Registrar General and the Registrar General is hereby directed to enter the adoption in the Adopted Children Register.It is so ordered. JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY VIA MICROSOFT TEAMS ON THIS 28TH DAY OF MAY, 2026.E. N. MAINAJUDGEIn the presence of:No appearance for the Applicant.Mary - Court Assistant/Interpreter.