https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6431

In re MDG (Adoption Cause E021 of 2025) [2026] KEHC 6431 (KLR) (13 May 2026) (Judgment) Neutral citation: [2026] KEHC 6431 (KLR) Republic of Kenya In the High Court at Nakuru Adoption Cause E021 of 2025 PN Gichohi, J May 13, 2026 IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY MDG In the matter of NHWM Applicant Judgment 1.The Applicant herein has moved this Court by an Ex-parte Originating Summons dated 26th May, 2025 and expressed under sections 7,8,11,12,13,14,15,16,17,18,19,30,183(1(a),184(4)(b), 185 (2)(b), 186 (1) (a), 2, (6) (b)(c), and 194 of the Children Act No. 29 of 2022, section 24 of the Interpretation of General provisions Act, Cap 2 Laws of Kenya, Section 9 of the Citizenship and Immigration Act, 2011 and Article 53 of the Constitution of Kenya, seeking she be granted the following Orders:-1.That the Applicant, N H W M be allowed to adopt the child currently identified as BABY M D G.2.That henceforth, the child be renamed as A W.3.That the Child’s date and place of Birth be declared to be 3rd October, 2018 at Kakamega CGH, in Kakamega County.4.That the child be presumed to be a Kenyan citizen by Birth and consequently be entitled to all the rights and benefits in respect thereof.5.The Registrar General be directed to make the appropriate entries in the Adopted children’s Register and issue a Certificate to that effect.6.The relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the Child.7.The Directorate of Immigration Services be directed to issue a Passport to the Child.8.That C W M be appointed as Legal Guardian of the Child, in the event the Applicant herein is incapacitated or in any way unable to discharge her parental obligations.9.That the Guardian ad litem be discharged.10.That this Court do issue such further Orders as are in the interest of Justice. 2.The Application is supported by the grounds on the face of the Originating Summons and the supporting Affidavit sworn by the Applicant on 26th May, 2025. She states that she is a Kenyan citizen of sound mind and an adult aged 46 years, having been born on 17th January 1979. She resides in Langa Langa, Nakuru County, and identifies as a Christian affiliated with St. Philip's Langalanga Parish. She deposes that she is currently single and has never been married, and she is the second-born in a family of five siblings. 3.Regarding her professional and financial standing, the Applicant explains that she is a Teacher employed by the Teachers Service Commission, currently serving as a Senior Teacher at G.K. Prisons Primary School. She earns a gross monthly income of Kshs. 75,658 and asserts her financial capability to provide for the child’s needs, supported by bank statements from Equity Bank and ownership of two parcels of land: Nanyuki Marura Block 12/73 and Dundori/Lanet Block 9/1131. 4.Furthermore, she attests to her fitness and character, noting that she is physically and emotionally healthy based on a medical assessment conducted on 6th January 2024. She confirms she has no criminal record, as evidenced by a Police Clearance Certificate Reference Number PCC-30T5A7WJ issued by the Director of Criminal Investigations (DCI) on 16th October 2023. She further states that she has the full support of her family and friends. Also, she has secured the consent of C W M to act as the child's legal guardian in the event of her incapacitation. 5.The Applicant recounts that her adoption journey officially commenced on 8th December 2023, when she submitted her application to Buckner Kenya Adoption Services, a registered Adoption Society under Registration Certificate No. 0002/LA/2012. She explains that she underwent a rigorous approval process, including counselling, an inquiry into her suitability in January 2024, and the preparation of a comprehensive Home Study Pre-Placement Report. 6.Following their assessment by Buckner Kenya, the Case Committee approved her application on 5th August 2024. She was subsequently matched with the child and entered into a Foster Care Agreement with Mumias Kids Centre on 16th December 2024. 7.While providing extensive detail regarding the child, the Applicant states that Baby M D G, a female of Sub-Saharan race, was born on 3rd October 2018 at the Kakamega County General Hospital. Following her birth, the Sub-County Children’s Officer for Mumias West initiated her placement at Mumias Kids Centre, where she was admitted on 4th October 2018 for temporary shelter. The child was later formally committed to the institution on 5th March 2019, following an application and subsequent Order from the Children’s Court at Mumias in Care and Protection Case Number 22 of 2019. 8.Regarding the process of tracing the biological parents, the Applicant states that the subject’s father, namely Christopher Ingutia Were, disappeared upon learning of the pregN and remains untraceable. Regarding the biological mother, RIS, a social inquiry was conducted on 24th May 2023, and she was formally counselled on the legal implications of giving up her child for adoption. She subsequently reaffirmed her decision to give the child up for adoption through a letter of consent dated 24th August 2023 and an Affidavit sworn on 19th September 2023. 9.Based on these investigations, the Buckner Agency recommended the child be freed for adoption, a status officially granted by their Case Committee on 18th October 2023. 10.The Applicant concludes by stating her motivation is rooted in a desire to provide love and a stable family environment to a child in need. She confirms her full understanding of the legal implications of an Adoption Order, specifically the transfer of all parental rights and responsibilities to her. Upon the granting of the order, she proposes that the child’s name be legally changed to A W. 11.This Court called for and received the report of the Directorate of Children Services dated 5th December 2025, prepared by Pilot Khaemba, the County Coordinator for Children Services in Nakuru. In the report, the Coordinator verified the Applicant’s personal details, family background, and the child's history leading up to the adoption proceedings. 12.The report further detailed a home visit conducted on 23rd August 2025, during which the Coordinator found both the Applicant and the child at their residence. During this visit, he observed a strong bond between the mother and the child, noting that they interacted freely and warmly. 13.Regarding the living conditions, the Coordinator stated that the Applicant resides in a well-furnished three-bedroom house, which is secured by a perimeter wall and a CCTV system. He further noted that the Applicant has employed a house help to assist in caring for the child while she is at work. He concluded that the home environment is conducive to the child’s well-being and therefore recommended the Applicant for appointment as the adoptive parent. 14.During the hearing of this application, the Applicant reiterated the contents of her application, affidavit and the documents presented to the Court as her evidence. She therefore prayed that the Court allow the adoption and expressed her desire for the child to be known as A W. 15.Upon examination by the Court, the Applicant stated that she is unmarried, resides in Lanet Baraka Estate, and has no biological children of her own. 16.On her part, RWM (the Guardian ad litem) testified that she has known the Applicant as a friend for five years, having first interacted with her during her own adoption process. As a mother of a five-year-old girl through adoption, she affirmed her commitment to continue carrying out her duties until discharged by the Court. 17.The proposed legal guardian (C W M) testified that she resides in Nairobi, Embakasi Estate, is unmarried, and has no children. She stated that the Applicant is her elder sister and confirmed her own capability to provide for the child’s needs should the necessity arise. 18.She further testified that she was introduced to the child in December 2024 upon placement with the Applicant and has observed a strong bond between them. She noted that the child is currently attending school and confirmed her understanding of the role of a legal guardian, specifically her responsibility to care for the child until the age of majority in the event the Applicant is unable to do so. 19.Pilot Khaemba, the County Coordinator for the Department of Children’s Services, testified that upon receiving the Court’s Order for a social investigation report, he instructed Alice Chacha, a Children’s Officer in Nakuru North, to conduct a home visit. The visit was carried out on 23rd August 2025, and a report dated 5th December 2025 was subsequently filed in Court on 9th December 2025. He recommended that the Court grant the adoption orders as prayed, noting that the Applicant is fit and qualified. 20.Irene Ogutu, a social worker at Buckner Adoption Society, testified that the Society reviewed the Applicant’s request during its sitting on 5th August 2024. She affirmed that the Applicant met all legal requirements and the application was approved on 18th October 2024. She stated that the child was declared free for adoption and placed with the Applicant on 16th December 2024. Following subsequent monitoring, the Society noted successful bonding and that the child is well-cared for. Consequently, they prepared a report dated 28th July 2025 recommending the Applicant for adoption. Determination 21.This court has considered this application together with the Supporting Affidavit, the reports and documents filed, and all the evidence adduced in support thereof. The prerequisites for adoption are set out in section 184 (1) of the Children’s Act 2022, which provides: -“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.” 22.It is evident that the child was born on 3rd October 2018 at the Kakamega County General Hospital to her biological mother, RIS. The biological father is identified as Christopher Ingutia Were. The primary reason for the decision to place the child for adoption is that the biological parents are cousins and that, under Luhya culture, they are prohibited from marrying or raising children born from such an incestuous relationship. While the biological father has remained untraceable since the pregN, the biological mother swore an affidavit on 19th September 2023, formally relinquishing all her parental rights and responsibilities over the child. 23.The subject, having been born on 3rd October, 2018, is now about 8 years and thus above the six (6) weeks age limit provided for in law. Further, Buckner Kenya Adoption Services, declared the child herein free for adoption on 18th October, 2023. This Court is therefore satisfied that the legal prerequisites for an adoption order have been met. 24.On whether this Court should declare the child a Kenyan citizen, Article 14(4) of the Constitution provides as follows: -“(4)A child found in Kenya who is, or appears to be less than eight years of age and whose nationality and parents are not known, is presumed to be a citizen by birth. 25.The subject was born in Kakamega County General Teaching and Referral Hospital, within the Republic of Kenya. Thus, this Court is satisfied that the child is a Kenyan, and therefore, she is hereby declared a Kenyan citizen by birth. 26.Regarding suitability of the Applicant, section 186(1)&(2) of the Children Act provides that;-“(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” 27.The evidence on record establishes that the Applicant is a 46-year-old Kenyan citizen, falling within the statutory age bracket of 21 to 65 years. The Applicant is unmarried and has no biological children. 28.She is a practicing Christian and a communicant at the Anglican Church of Kenya (ACK), St. Philips Langalanga Parish in Nakuru County, as confirmed by the Vicar-in-Charge, Rev. Kennedy Kosgey, in a letter dated 9th January, 2024. Furthermore, the Directorate of Children’s Services report, dated 5th December 2025, affirms that the child is currently in the Applicant's custody and that a strong bond exists between them. 29.Regarding the Applicant's financial standing, she maintains a strong financial background as shown by the evidence provided before this Court, which is favorable. 30.The Applicant has no criminal record as shown by a copy of her police clearance certificate, issued on 16th October 2023. Furthermore, she has proposed her sister, C W M, to serve as the child's legal guardian, a role Ms M has formally consented to through an affidavit dated 20th May 2025. 31.In the circumstances, this Court is satisfied that the Applicant is a suitable adoptive parent. 32.In light of the foregoing, this court makes the following Orders; -1.The Applicant, N H W M be allowed to adopt the child currently identified as BABY M D G.2.The child shall henceforth be known as A W.3.The Registrar General do make the appropriate entries in the Adopted Children Register in respect of A W and issue a birth certificate to that effect.4.The Directorate of Immigration Services is directed to issue a Passport to the Child A W.5.C W M is hereby appointed as legal guardian of A W.6.The guardian ad litem RWM is hereby discharged. DATED, SIGNED AND DELIVERED AT NAKURU THIS 13TH DAY OF MAY, 2026.PATRICIA GICHOHIJUDGEIn the presence of:Ms Adhiambo for the ApplicantErickson, Court Assistant