https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12110

In re MNM (Minor) (Adoption Cause E219 of 2025) [2026] KEHC 12110 (KLR) (Family) (23 July 2026) (Judgment) Neutral citation: [2026] KEHC 12110 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E219 of 2025 CJ Kendagor, J July 23, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF DH ALIAS MNM, A MINOR In the matter of Mwm Applicant Judgment 1.Before this Court is the application dated 22nd May, 2025. The Applicant MWM is seeking to be authorized to adopt Baby DH hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as MNM. FNM is proposed for appointment as the Child’s legal guardian upon the granting of the adoption orders. 2.The Applicant is a Kenyan citizen, as evidenced by her National Identity Cards. The Applicant is a single mother to one biological son, aged fourteen (14) years. 3.The Applicant is gainfully employed as a lecturer at a University in Kenya. She has presented her financial statements and assets. 4.The Applicant has one son aged 14 years old whose consent was sought and is said to have expressed excitement about welcoming a younger sister through adoption. Further observation indicates that the son and baby DH interact positively and share age - appropriate play, appearing to have bonded well and suggesting the development of a healthy sibling relationship within the household. The family has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem (MWK) indicates they are eligible to adopt. 5.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County) dated 30th January, 2026 indicates that the Child was discovered abandoned in Kabiro area, Kawangware by a Good Samaritan who immediately reported the matter to Muthangari Police Station where it was recorded under Occurrence Book No. xx/xx/06/2023. While under the care and protection of Dagoretti Sub- County Children’s Office and Hope House Babies Home, diligent efforts to trace the biological parents or relatives were unsuccessful. Vide a final police letter dated 12th April 2024, it was confirmed that no person had come forth to claim the Child. The Child was declared free for adoption pursuant to Section 185 (4) (c) of the Children’s Act, 2002 on 16th May 2024, Certificate Number 0xx2. 6.Pending hearing of the application before this Court, MWK was appointed as Guardian ad Litem of the Child. She gave a positive report averring that since 17th May 2024 when the Child was placed with the Applicant, the Child has continued to enjoy parental love, care and protection from the Applicant. The Child is happy and has bonded well with the prospective adoptive parent. 7.FNM, the proposed legal guardian, gave her consent to act as guardian to baby NM alias MNM with the full and complete understanding of the mandate. 8.The Child is presumed to be a Kenyan citizen by virtue of Article 14(4) of the Constitution, having been found in Kenya and with her parents unknown at the time of her rescue 9.In light of the best interests of the Child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the Child’s best interests in making decisions touching on him.a.Article 53 of the Constitution, 2010 states that a Child’s best interests are of paramount importance in every matter concerning the Child.b.Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;1.In all actions concerning Children, whether undertaken by public of private social welfare institutions, courts of law, administrative authorities or legislative bodies:a.The best interests of the Child shall be the primary consideration;b.The best interests of the Child shall include, but shall not be limited to the considerations set out in the First Schedule.2.All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the Child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:-a.safeguard and promote the rights and welfare of the Child;b.conserve and promote the welfare of the Child; andc.secure for the Child such guidance and correction as is necessary for the welfare of the Child, and in public interest.3.In any matters affecting a Child, the Child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the Child’s age and degree of maturity.c.The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:1.The age, maturity, stage of development, gender, background and any other relevant characteristics of the Child.2.Distinct special needs (if any) arising from chronic ailment or disability.3.The relationship of the Child with the Child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the Child’s welfare.4.The preference of the Child, if old enough to express a meaningful preference.5.The duration and adequacy of the Child’s current living arrangements and the desirability of maintaining continuity.6.The stability of any proposed living arrangements for the Child.7.The motivation of the parties involved and their capacities to give the Child love, affection and guidance.8.The Child’s adjustment to the Child’s present home, school and community.9.The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the Child and the other parent and/or guardian(s), including physical access.10.The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in Child care.11.Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.12.The effect of the Child if one parent/guardian has sole authority over the Child’s upbringing.13.The existence of domestic abuse between the parents/guardian (s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the Child.14.The existence of any history of Child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the Child.15.Where the Child is under one year of age, whether the Child is being breast - fed.16.The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.17.Where there is a person residing with a parent or guardian, whether that person; -a.Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.b.Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.18.Any other factor which may have a direct or indirect effect on the physical and psychological well-being of the Child. 10.The report from the Ministry of Gender, Culture and Children’s Services (Nairobi County), the guardian ad litem, and the proposed legal guardian all indicate that the Child will be well taken care of in the care and custody of the adoptive parent. 11.The Applicant has shown clear capacity to meet the Child’s physical, emotional, educational and spiritual needs. I am convinced that this adoption offers the Child a significant opportunity for an improved quality of life. 12.In the circumstances, I allow the Originating Summons dated 22nd May, 2025 and make the following orders:a.The Applicant, MWM, is hereby authorized to adopt the Child known as Baby DH alias MNM.b.Upon adoption, the Child shall be known as MNM;c.FNM is appointed as the legal guardians of the Child;d.The Child is presumed to be a Kenyan Citizen by birth;e.The Registrar of Births and Deaths is directed to issue a birth certificate in the Child’s new name;f.The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child;g.The guardian ad litem is hereby discharged. 13.It is so ordered. DATED, DELIVERED AND SIGNED AT NAIROBI ON THIS 23RD DAY OF JULY 2026.………………………C. KENDAGORJUDGEIn the presence of:Court Assistant: BerylMr. Owade, Advocate for the Applicant