https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7054

In re GN (Child) (Adoption Cause E014 of 2025) [2026] KEHC 7054 (KLR) (12 May 2026) (Judgment) Neutral citation: [2026] KEHC 7054 (KLR) Republic of Kenya In the High Court at Machakos Adoption Cause E014 of 2025 NIO Adagi, J May 12, 2026 IN THE MATTER OF: THE CHIDREN’S ACT NO. 29 OF 2022 AND IN THE MATTER OF: BABY G.N (CHILD) AND IN THE MATTER OF: AN APPLICATION FOR ADOPTION ORDER BY M.N.H (APPLICANT) Judgment 1.This judgment is in respect of the Exparte Originating Summons dated 08/05/2025 seeking an adoption order of the child herein. 2.The application seeks for orders that:i.The Applicant be authorized to adopt the child BABY G.N and upon making the adoption order, the child be known as T.M.ii.Upon making of the adoption order, the Registrar General be directed to make the appropriate entry of the child herein the adopted children’s register.iii.The Child be declared to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.iv.The Guardian ad litem J.M.M be discharged and E.N.N be appointed as the legal guardian of the Child, in the event that the applicant herein is incapacitated or in any way unable to discharge her parental obligations. 3.The Summons is premised on the Statement and Supporting Affidavit of the Applicant both dated 08/05/2025 and the various documents annexed to the supporting affidavit. 4.The Applicant is said to have been born in the year 1974, she is well educated and she is in stable employment. The Applicant has never been married or thought of marriage in her entire life. Her family members relate cordially and live within the reach of each other. They are all aware of this adoption and have accepted the child as part of the family. The Applicant does not have any other biological or adopted children. 5.The child herein is said to have been born on 14th January 2021 and was found abandoned aged seven (7) months within Mayanja market within Bungoma County. The baby was later placed at a Children’s Home in Bungoma County. The child after being declared free for adoption by the Child Welfare Society of Kenya was placed with the Applicant on 14th March 2024 aged 2 years for three months mandatory bonding period. The Applicant has fostered the child since then and has therefore met the requisite period of three months which have since lapsed thus allowing her to seek to adopt the child. 6.The Applicant reported that at the time she was placed with the child, she was malnourished and withdrawn. She did not want to interact with anyone in the family but after sometimes she built the trust and has a good relation with other family members. The child has been in continuous care of the Applicant and has fitted well in the family environment. The child has gained appropriate milestones of her age and has started schooling which has helped in developing her social skills, she does all her self care in an organized way and has acquired some basic skills. 7.The Applicant confirms that her family has fully supported her throughout the adoption process and they have no objection to the adoption order sought. Analysis and Determination 8.The issue is whether the court should allow the adoption herein. 9.Section 183 of the Children’s Act provides as follows: -(1)Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a child.(2)All proceedings under this Part shall be heard and determined in chambers, and the identity of the child and the applicants shall be kept confidential.(3)In this Act, adoption means local, kinship and foreign adoption.(4)For the purposes of this Part—(a)"kinship adoption" has the meaning assigned to it in section 2;(b)"local adoption" means an adoption in relation to which-(i)the child is resident in Kenya; and(ii)the adopting parent or parents are Kenyan nationals’ resident in Kenya; and(c)"foreign adoption" means an adoption in relation to which-(i)the adopting parent or parents are Kenyan nationals with dual citizenship;(ii)the adopting parent or parents are foreign nationals whether or not resident in Kenya;(iii)the adopting parent or parents are not Kenyan nationals but are biologically related to the child; or(iv)the adopting parent or parents were once Kenyan nationals but have lost their nationality by operation of the law of the host country to which the prospective parent or parents have a nationality. 10.Pre-requisites for adoption are also stated under Section 184 of the Children Act, 2022 as follows:(1)A person shall not commence any arrangements for the adoption of a child unless—(a)the Council, in accordance with the rules, has declared the child free for adoption; and(b)the child has attained the age of six weeks.(2)A person, including a parent, guardian or adoption society, shall not, prior to the making of an adoption order, entrust a child to the care, possession or control of any person not qualified to adopt a child in accordance with this Act.(3)An applicant shall not preselect a prospective adoptive child except—(a)in the case of kinship adoption;(b)Where the applicant is a foster parent seeking to adopt a fostered child under the applicant’s care.(4)The Secretary shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings.(5)Any person who contravenes subsections (1) or (2) of this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both. 11.Under Section 185, Children who may be adopted are stated as follows:(1)Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya.(2)Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless—(a)the child concerned has been in the continuous care and control of the applicant within Kenya for a period of three consecutive months preceding the filling of the application; and(b)the application for an adoption order is supported by a report made by a duly registered adoption society recommending that an adoption order be made.(3)The report referred to in subsection (2)(b) shall contain the society’s findings and recommendations in respect of the child and the applicant or applicants, as the case may be.(4)The following children shall be eligible for adoption—(a)a child who is an orphan and has no guardian or caregiver able and willing to take care of the child;(b)a child who has been abandoned or whose parents’ or guardian’s whereabouts cannot be traced within a period of one year;(c)children who are willingly offered for adoption by their biological parents in accordance with regulations made under this Part. 12.Under section 185, on who may apply to adopt a child, the following is the law:(1)The Court may make an adoption order on application by—(a)a sole applicant; or(b)two spouses jointly.(2)The Court shall not make an adoption order in any case unless—(a)the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and(b)the applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.(3)The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father or relative of the child.(4)The Court shall not make an adoption order in favour of a sole male applicant, unless the applicant is a blood relative of the child.(5)The Court shall not make an adoption order in favour of the following persons unless the Court is satisfied on reasons to be stated on the record that there are special circumstances that warrant the making of the adoption order an applicant or joint applicants who has, or both have, attained the age of sixty-five years.(6)The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant or joint applicants, or any of them—(a)is of unsound mind within the meaning of the Mental Health Act (Cap. 248);(b)is incapable of exercising proper care and guardianship of a child;(c)has been convicted by a Court of competent jurisdiction for any of the offences specified in the Third Schedule or similar offences;(d)in the case of joint applicants, if the applicants are not married to each other;(e)is a sole male applicant except where the applicant is a biological relative of the child; or(f)is a foreign applicant except where the applicant is a biological relative of the child.(7)Notwithstanding anything contained in this section the Court may at its sole discretion decline to make an adoption order in favour of any person or persons if the Court is of the view that it is not in the best interests of the child to make the order.(8)Subject to the provisions of this section, an application for an adoption order in respect of a child shall be accompanied by written consents of the following persons—(a)a parent or guardian of the child, or any person who is liable by virtue of any order or agreement to contribute to the maintenance of the child;(b)on the application of one of the spouses, the consent of the other spouse; and(c)in the case of a child who has attained the age of ten years, the child himself or herself.(9)If the child referred to in subsection (8)(c) has a disability which restricts or impairs the child’s ability to independently give his or her consent, the child shall be accorded such assistance, including the assistance of an intermediary, to facilitate his or her written consent. 13.In light of the above law, I have also perused all the documents and the affidavit of fitness filed by the child’s guardian ad litem. The application was heard orally in court and the Applicant, the child, the Children’s Officer, Guardian ad litem, Officers from the Adoption agency and the Proposed legal Guardians were in attendance and testified save for the child who happily and properly answered the general light inquiries addressed to her by the court. 14.The Report by the Sub-County Children Officer-Machakos dated 11/12/2025 was also availed in court certifying the Applicant as meeting the legal parameters to adopt the child herein. The Children’s officer stated that although the agency did not attach the freeing certificate as required, the child falls within the provision of Section 185 of the Children’s Act on children who can be adopted. 15.The Report by Child Welfare Society of Kenya dated 18/06/2025 as well as the testimony and affidavit by the Guardian ad litem certify the Applicant as a suitable person to adopt the child. 16.The Applicant in my view, as supported by evidence on record, has met all the legal requirements of adoption. No doubt, the Applicant is clear with intentions to protect, support, provide inheritance for and maintain the child as her own. 17.The recommendation reports by the children’s officer and the adoption agency too give the Applicant the go ahead to adopt the child herein. They describe the Applicant as committed to caring and maintaining the child and hold the view that the adoption herein sought will be in the child’s best interest. 18.The child having been abandoned and after staying for more that three years without being claimed or her parents being found, the child needed social services provided for under Section 12(2) of the Children’s Act hence adoption was the best option for her. Therefore, I am satisfied that the Applicant and the child have bonded well. At the hearing of this matter, the child looked happy and jovial; truly, she is in good hands. I am satisfied that the child will be in a good home with the best mum ever. 19.The Guardian Ad Litem Guardian ad litem J.M.M confirmed that the Applicant deserved to be given the child for adoption and the Legal Guardian E.N.N stated that she is ready to act as legal guardian and understood her role well. 20.Having listened to the evidence and perused the pleadings and considered the requirements for adoption, I find that the Exparte Originating Summons dated 08/05/2025 is merited and as such, I allow the same. Disposition 21.In the upshot, I make the following orders:i.The Applicant, M.N.H is hereby authorized to adopt the child currently identified as BABY G.N. (Names not to be published).ii.The child shall be known as T.M (Name not to be published)iii.The Registrar General is hereby directed to make the appropriate entry of T.M in the adopted Children’s Register.iii.The child T.M be presumed to be a Kenyan citizen born in Bungoma County on 14th January 2021and the Director of Immigration Services to issue T.M, the child herein with a Kenyan Passport whenever she will require the same.iv.E.N.N be appointed as the legal guardian of the Child T.M, in the event that the Applicant herein is incapacitated or in any way unable to discharge her parental obligations.vi.The guardian ad litem J.M.M is hereby discharged. 22.Orders accordingly. The file is closed. JUDGMENT DATED, SIGNED & DELIVERED AT MACHAKOS THIS 12TH MAY 2026NOEL I. ADAGIJUDGE