https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11807

In re TB aka CM (Child) (Adoption Cause E010 of 2025) [2026] KEHC 11807 (KLR) (29 July 2026) (Judgment) Neutral citation: [2026] KEHC 11807 (KLR) Republic of Kenya In the High Court at Embu Adoption Cause E010 of 2025 RM Mwongo, J July 29, 2026 IN THE MATTER OF THE CHILDREN ACT CAP. 141 OF THE LAWS OF KENYA IN THE MATTER OF THE ADOPTION OF BABY TB, aka BABY CM (A CHILD) In the matter of PNN Applicant Judgment The Application 1.The applicant filed an originating summons dated 05th December 2025, in which she seeks the following orders from this court:1.That the Applicant be authorized to adopt Baby TB, aka Baby CM, a minor who is to be known as HTM and the Registrar General be directed to enter this adoption into the Register of Adoptions.2.That AIN be appointed as the Legal guardian of the child.3.That the child be presumed to be born in Kenya. The Applicant’s Background 2.According to the statement in support of the originating summons, the applicant desires to adopt the child because during her marriage, her children died within one year of birth. This circumstance led to the loss of her marriage as well. In 2023, she applied to become an adoptive parent at Buckner Kenya Adoption Services. The agency approved her application and the child herein (Baby TB) was placed under her care for fostering with the possibility of adoption. 3.The applicant declared that she has never been convicted for any of the offences named under the Children Act, neither has she received money or any promise to compel her to adopt the child. The applicant understands her obligations as an adoptive parent and she is confident that she can give the child a decent life upon adoption. Background of the child 4.The child was abandoned after birth at Kenyatta National Hospital, Nairobi in 2017 after being admitted to the New Born Unit. The matter was reported at Kenyatta Police Post and an OB obtained. The contact left behind was that of the child’s mother’s sister who was, however, unwilling to take the child because of financial strain as she already was caring for many other children. The child was committed to a children’s’ home in November 2018, as efforts to trace her mother did not bear any fruits. 5.In 2024, Buckner Kenya Adoption Agency contacted the child’s aunt again but she indicated that she still did not have capacity to take the child in. She however suggested that they find a family for the child. In 2025, the applicant took the child in for fostering and subsequently, she applied for adoption. Guardian Ad Litem 6.The application for adoption was accompanied by a Chamber summons application of even date seeking that JNM be appointed as Guardian ad litem. The application was allowed through an order of the court issued on 21st January, 2026. The Court appointed JNM as the Guardian ad litem in accordance with section 188(1) of the Children Act. The court also ordered that both the Secretary of Children’s Services and the appointed Guardian ad litem do file their respective reports in accordance with the Act. Report by the Guardian ad litem 7.In pursuance with section 188(2)(b) of the Children Act, the Guardian ad litem filed a confidential report dated 13th February 2026 in court. In it, she confirmed her understanding of the case and highly recommended the applicant as an adoptive parent to the child. She stated that she had observed that since the child was placed under the applicant’s care she has been doing well and they have bonded well. She affirmed that she knew the applicant well and that she was an apt parent to the child. Report by the Secretary, Children Services 8.Section 184(4) of the Children Act requires that the Office of the Secretary of Children Services shall monitor and submit reports to the court on the wellbeing of a child who is subject to adoption proceedings. In compliance with this provision, a report dated 18th March 2026 was filed by the Children Officer. The report detailed the applicant’s background and family life. Upon conducting a home visit, the Secretary Children Officer established that the applicant lives in a decent home serviced with the necessary amenities. The applicant is financially and emotionally stable and she is socially prepared to adopt the child. Through the Children Officer, the Secretary recommended the applicant highly as an adoptive parent who is fit to give a permanent home to the child. Suitability of the applicant for adoption 9.Section 186(1) and (2) of the Children Act provides for persons who may adopt a child, as follows:“(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.” [Emphasis added] 10.The applicant fulfills the conditions set out in these provisions since she is a sole applicant; she is within the allowable age bracket having been born on 16th September,1989, and is over 25 years older than the child. She is also a Kenyan citizen; therefore, it is a local adoption. Best Interest of the child 11.As provided under Article 53(2) of the Constitution. “A child’s best interests are of paramount importance in every matter concerning the child,” Section 4(2) of the Children Act also elevates the best interest of the child and provides:“Despite subsection (1), a provision in another legislation on children matters may prevail if it offers a greater benefit in law to a child.” Report of the Child Adoption Society 12.Section 185(2) of the Children Act requires that an application for adoption be supported by a report of a duly registered adoption society. In this case, Buckner Kenya Adoption Society filed a report detailing the circumstances of the child. Since the child was abandoned, substantial recorded efforts were made to have the child adopted by the known family members but these efforts fell through. The Adoption Society therefore prepared the necessary documentation and declared the child free for adoption in accordance with section 184(1)(a) of the Children Act, 2022 in the absence of adoption regulations under the Children Act, 2022. The Certificate of Declaring the Child free for Adoption No.0904 dated 18th December, 2024 was availed. Conclusions and Disposition 13.The documentation presented in court regarding the adoption of the child qualifies her adoption by the applicant. The applicant also meets the legal requirements necessary to enable her to adopt the child. 14.In this court’s view, it is in the best interest of the child that he be adopted by the applicant. 15.Accordingly, the prayers sought are granted, and the court makes the following orders:1.This adoption is deemed to be a local adoption;1.The applicant be and is hereby authorized to adopt Baby TB, aka Baby CM;2.Henceforth, Baby TB, aka Baby CM shall be known as HTM;3.The Registrar General shall make the appropriate entry regarding the adoption of HTM in the Adopted Children’s Register;4.The Registrar shall issue the applicant with a certified copy of the entry pursuant to Order 4 herein in the Adopted Children Register, upon payment of the prescribed fee;5.The child HTM is presumed to be a Kenyan citizen born on 9th July, 2017 in Kenya;6.The Guardian ad litem is hereby discharged; and7.AIN is hereby appointed Legal guardian of the child HTM.1.Orders accordingly. DELIVERED, DATED AND SIGNED AT EMBU HIGH COURT THIS 29TH DAY OF JULY, 2026................R. MWONGO JUDGEDelivered in the presence of:Muhanda for ApplicantFrancis Munyao - Court Assistant