Pleadings
1. This Judgment is in respect of the undated Originating Summons filed in court on 29th August 2026 seeking an adoption order in respect of Baby Blessing Neema.
2. Vide the said application, the Applicant seeks orders that:
a) The Applicant be authorized to adopt the child Baby Blessing Neema;
b) The consent of the biological parents be dispensed with as the child was abandoned;
c) That upon making the adoption order, the said child be known as Bethany Nasike Wangila;
d) The Registrar General do make the appropriate entry of Bethany Nasike Wangila in the Adopted Children’s Register;
e) The child Bethany Nasike Wangila be presumed to be a Kenyan citizen born in Kenya, and be issued with a Kenyan Passport; and
f) Esther Mukoa Wabuge be appointed as legal guardian of Bethany Nasike Wangila.
3. The Applicant describes herself in the statement and also in the affidavit in support of the Petition as a nurse employed by the County Government of Kwale and working at Msambweni Referral Hospital.
4. Further, she stated that she was not related to the child, that she received the child into her care and possession on 12th January 2018, and that she has continuously cared for the child since then.
5. The child is now 8 years old.
Evidence Adduced During the Trial
6. Due to the nature of the matter, the Petition is uncontested. The Petition was heard on the basis of viva voce evidence. The Applicant was the first witness. She is a 50-year-old nurse who has been caring for the child since 2018. Her evidence was that she knows adoption is permanent and that the child would have a right to inherit from her if the adoption application was allowed.
7. The second witness was Jane Mwake Mwachia, the court-appointed guardian ad litem. She testified that she knew the Applicant, having worked together. She relied on her report dated 10th December 2025 and recommended the adoption.
8. Ms Esther Mukoa Wabuge was the 3rd witness. She testified that the Applicant is her sister and that she is the proposed legal guardian. She further stated that she understands the role of a legal guardian and would be there for the child if her adoptive parent died, should the adoption application be allowed. She also stated that she has the means to support the child.
9. Ms Lilian Maore gave evidence as the 4th witness. Ms Maore works for the Child Welfare Society of Kenya. She gave evidence that the child was found to be free and suitable for adoption. The Society also issued a certificate declaring the Applicant fit to adopt.
10. The 5th witness was Mr Zephania Apoko. He works at the State Department of Children Services. He conducted a home visit. In his view, as shown by his findings, the Applicant meets all the legal requirements for the adoption.
Analysis and Determination
11. I have considered the Petition, the affidavits filed therewith as well as the documents in support thereof. In my view, the issue for determination is whether the court should allow the adoption herein.
12. The Court heard the relevant parties who testified in court as PW1, PW2, PW3, PW4 and PW5, and also perused all the documents filed in court, including the report by the guardian ad litem dated 10th December 2025 and those of the Children Officer, the Child Welfare Society of Kenya. These reports supported the adoption application.
13. As already indicated, the court heard the testimony of Jane Mwake Mwachia and Esther Mukoa Wabuge, both of whom testified that the Applicant was fit to adopt the child and vouched for her adoption, assuring that they would play their part in the minor's welfare. The Applicant, the proposed adoptive mother of the minor, also testified that she took the child in 2018 after the child had been abandoned, and that she had in fact nurtured the child and enrolled the child in school.
14. In my view, the evidence tendered supported the Applicant’s adoption application. I am satisfied that there is a case for allowing the adoption application.
15. The application, in my view, is supported by the evidence on record and meets the legal requirements for adoption. No doubt, this adoption is intended to protect, support, provide for and maintain the child.
16. The reports adduced in court support the application. They describe the Applicant as committed and able to care for and maintain the child, as she has already done so. They also hold the view that the adoption herein sought will be in the child’s best interest.
17. The upshot of the foregoing is that the adoption application has merit and is hereby allowed as prayed.
Final Orders
18. Flowing from the foregoing, I make the following Orders:
(i) The Applicant is hereby authorized to adopt the child Baby Blessing Neema;
(ii) The consent of the biological parents is hereby dispensed with as the child was abandoned;
(iii) The said child shall henceforth be known as Bethany Nasike Wangila;
(iv) The Registrar General is hereby ordered to make an appropriate entry of Bethany Nasike Wangila in the Adopted Children’s Register;
(v) The child, Bethany Nasike Wangila, is hereby declared to be a Kenyan citizen by birth, and shall be issued with a Kenyan Passport upon application;
(vi) Esther Mukoa Wabuge is hereby appointed as the legal guardian of Bethany Nasike Wangila;
(vii) The guardian ad litem is hereby discharged; and
(viii) The file is closed
19. I make no orders as to costs as this is a non-contentious adoption matter.
20. It is so ordered.
Dated and signed in Nairobi this 15th day of April 2026.
1. This Judgment is in respect of the undated Originating Summons filed in court on 29th August 2026 seeking an adoption order in respect of Baby Blessing Neema.
2. Vide the said application, the Applicant seeks orders that:
a) The Applicant be authorized to adopt the child Baby Blessing Neema;
b) The consent of the biological parents be dispensed with as the child was abandoned;
c) That upon making the adoption order, the said child be known as Bethany Nasike Wangila;
d) The Registrar General do make the appropriate entry of Bethany Nasike Wangila in the Adopted Children’s Register;
e) The child Bethany Nasike Wangila be presumed to be a Kenyan citizen born in Kenya, and be issued with a Kenyan Passport; and
f) Esther Mukoa Wabuge be appointed as legal guardian of Bethany Nasike Wangila.
3. The Applicant describes herself in the statement and also in the affidavit in support of the Petition as a nurse employed by the County Government of Kwale and working at Msambweni Referral Hospital.
4. Further, she stated that she was not related to the child, that she received the child into her care and possession on 12th January 2018, and that she has continuously cared for the child since then.
5. The child is now 8 years old.
Evidence Adduced During the Trial
6. Due to the nature of the matter, the Petition is uncontested. The Petition was heard on the basis of viva voce evidence. The Applicant was the first witness. She is a 50-year-old nurse who has been caring for the child since 2018. Her evidence was that she knows adoption is permanent and that the child would have a right to inherit from her if the adoption application was allowed.
7. The second witness was Jane Mwake Mwachia, the court-appointed guardian ad litem. She testified that she knew the Applicant, having worked together. She relied on her report dated 10th December 2025 and recommended the adoption.
8. Ms Esther Mukoa Wabuge was the 3rd witness. She testified that the Applicant is her sister and that she is the proposed legal guardian. She further stated that she understands the role of a legal guardian and would be there for the child if her adoptive parent died, should the adoption application be allowed. She also stated that she has the means to support the child.
9. Ms Lilian Maore gave evidence as the 4th witness. Ms Maore works for the Child Welfare Society of Kenya. She gave evidence that the child was found to be free and suitable for adoption. The Society also issued a certificate declaring the Applicant fit to adopt.
10. The 5th witness was Mr Zephania Apoko. He works at the State Department of Children Services. He conducted a home visit. In his view, as shown by his findings, the Applicant meets all the legal requirements for the adoption.
Analysis and Determination
11. I have considered the Petition, the affidavits filed therewith as well as the documents in support thereof. In my view, the issue for determination is whether the court should allow the adoption herein.
12. The Court heard the relevant parties who testified in court as PW1, PW2, PW3, PW4 and PW5, and also perused all the documents filed in court, including the report by the guardian ad litem dated 10th December 2025 and those of the Children Officer, the Child Welfare Society of Kenya. These reports supported the adoption application.
13. As already indicated, the court heard the testimony of Jane Mwake Mwachia and Esther Mukoa Wabuge, both of whom testified that the Applicant was fit to adopt the child and vouched for her adoption, assuring that they would play their part in the minor's welfare. The Applicant, the proposed adoptive mother of the minor, also testified that she took the child in 2018 after the child had been abandoned, and that she had in fact nurtured the child and enrolled the child in school.
14. In my view, the evidence tendered supported the Applicant’s adoption application. I am satisfied that there is a case for allowing the adoption application.
15. The application, in my view, is supported by the evidence on record and meets the legal requirements for adoption. No doubt, this adoption is intended to protect, support, provide for and maintain the child.
16. The reports adduced in court support the application. They describe the Applicant as committed and able to care for and maintain the child, as she has already done so. They also hold the view that the adoption herein sought will be in the child’s best interest.
17. The upshot of the foregoing is that the adoption application has merit and is hereby allowed as prayed.
Final Orders
18. Flowing from the foregoing, I make the following Orders:
(i) The Applicant is hereby authorized to adopt the child Baby Blessing Neema;
(ii) The consent of the biological parents is hereby dispensed with as the child was abandoned;
(iii) The said child shall henceforth be known as Bethany Nasike Wangila;
(iv) The Registrar General is hereby ordered to make an appropriate entry of Bethany Nasike Wangila in the Adopted Children’s Register;
(v) The child, Bethany Nasike Wangila, is hereby declared to be a Kenyan citizen by birth, and shall be issued with a Kenyan Passport upon application;
(vi) Esther Mukoa Wabuge is hereby appointed as the legal guardian of Bethany Nasike Wangila;
(vii) The guardian ad litem is hereby discharged; and
(viii) The file is closed
19. I make no orders as to costs as this is a non-contentious adoption matter.
20. It is so ordered.
Dated and signed in Nairobi this 15th day of April 2026.