https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8239

In re GR aka Abandoned Baby CR (Adoption Cause E009 of 2025) [2026] KEHC 8239 (KLR) (29 May 2026) (Judgment) Neutral citation: [2026] KEHC 8239 (KLR) Republic of Kenya In the High Court at Makueni Adoption Cause E009 of 2025 TM Matheka, J May 29, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY GREGORY RAPHAEL AKA ABANDONED BABY CREGORY RAPHAEL In the matter of RNK Applicant Judgment 1.According to the records placed before this court by the Githunguri Police Station, State Depart children services, Githunguri Sub County, the children’s Court, Githunguri and the Charitable Children’s Institution CCI, Devine Mercy Children’s Home – the child herein was abandoned at Githiga ward in a kibanda. He was found by a good samaritan who reported to the Police vide OB xx/29/5/2020. The child was found to be in need of care and protection and placed in the CCI. 2.The Police Officer Commanding Githunguri Station (OCS) confirmed by the letter dated 20/11/2023 Ref Sec. Pol. 6/1/5/vol.1/57 that“despite our efforts to locate any potential family member or guardian, it has been unsuccessful to trace them. Extensive media outreach has also been made and no one has come forward to claim ownership of the child.” 3.On 12/1/2023, RNK a Kenyan female made a single application to Buckner Kenya Adoption Services be placed with a baby boy aged below three – four years. 4.She was taken through the relevant interviews, a home visit assessment was carried, and Pre-placement counselling was done. She was found suitable in a case committee sitting of Buckner Kenya Adoption services, on 19/5/2023 she was placed with the minor on 5/12/2024, after the child was declared free for adoption on 17/7/2024 by Kenya Children’s Home Adoption Society. 5.By originating summons dated 25/7/2025, she sought orders inter-alia – that she be authorized to adopt Baby GR to be known as EMK and she also sought that the MKM be appointed as the legal guardian, and SKM as guardian ad litem. 6.In support of the application she filed her statement and affidavit – and the annextures demonstrating her social/economic background, her community ties, her emotional, financial, moral wellbeing – with recommendations from her pastor, friends, neighbors, family – and certificate of good conduct from the police. 7.I conducted a hearing where the applicant testified that since placement with the child she had introduced the child to her family, and that her sister MKM had agreed to be the legal Guardian 8.I heard Miriam testify as well – and she told the court that she was a mother of three girls who really loved their cousin 9.The Social worker from Buckner Kenya Adoption Services testified and told the court that their role was to support the parent, and KCH availed the child. She confirmed that the baby had bonded with the adoptive parent. She confirmed that she was aware of the provision of Section 194 (2) (c) of the children Act on post-supervision of adoption orders. 10.I have carefully considered the evidence, the record – and the only issue is whether the applicant is compliant with the requirements of the law on a local adoption and whether an adoption order should issue in her favor 11.Section 2 of the Children Act, 2022 defines an adoption order – as an order vesting the parental rights and responsibilities relating to a child in the adopter – this is a local adoption as defined by section 183(1)(b) of the same Act, the child is local in Kenya, and the adoptive parent is a Kenyan national resident in Kenya 12.The applicant has complied with section 185(2)(a) and (b) – as the child has been in the care and custody of the applicant for more than 3 months – and the adoption agency has recommended the adoption . 13.In addition, it has been established that the child was abandoned as per section 185(4)(b). As per section 186(1)(a) the applicant is a sole applicant, as at the time of the application she was 41 years old hence is within the legal age. As per section 187 – the consent of the parent is dispensed with as per section 187 (a) of the Act – because the child was abandoned and as the child was found dumped in a kibanda. 14.The Children Act, 2022 provides for the right to social security at section 12 – as guaranteed by article 43(3) of the Constitution. The social security includes – alternative care – which includes adoption. 15.Adoption fulfills the objectives of alternative care – by facilitating the provision of parental care and protection of the child – in adherence with the best interest of the child, and the well-being of the child, it is also expected to provide a permanent stable loving and protective home for the child – with a family 16.Having heard the applicant and perused all the documentary evidence – It is evident that the applicant is highly recommended fulfils all the legal requirements and has been found suitable by the Adoption agency and the state department of children Services – The child deserves a loving family – and the applicant has presented herself to provide this for the child. The proposed adoption is in the best interests of the child as per article 53(2) of the Constitution, and section 8(1) as of the Children Act 2022. 17.In the circumstances the application is merited and is allowed in the following terms:-i.The applicant RNK is authorized to adopt Baby GR to be known as EMK.ii.MKM is appointed as the legal guardian.iii.The guardian ad item SKM be and is hereby discharged.iv.The registrar General be and is hereby directed to make in the Adopted children and Register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto.v.The secretary children services, and the adoption Agency Buckner Adoption Agency and Kenya children Homes Adoption Society be and hereby directed to provide psychosocial support to the adopter and the child for the next 12 months.vi.The DR Makueni High Court to ensure the order of supervision and psychosocial support is extracted and served upon the Adoption Agencies and the secretary for compliance. This order be entered in the appropriate register for follow up.vii.Orders Accordingly. JUDGMENT DATED SIGNED AND DELIVERED VIRTUALLY THIS 29TH MAY, 2026.MUMBUA T. MATHEKAJUDGEIn the presence of:-CA - Chrispol.Mrs. Muhanda for the Applicant.