1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 11 th December 2025 and it seeks the following ORDERS;
1. THAT the Applicant, DAMIANA MBULA MUASYA be authorized to adopt the Child identified as BABY ANGEL BARAKA.
2. THAT the child be renamed ANGEL NDANU MBULA .
3. THAT the child’s date of birth be declared to be 28 th February 2022 and his place of birth be declared as Nairobi County.
4. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
5. THAT consent of the biological parents/guardians be dispensed with.
6. THAT the guardian ad litem be discharged, and SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA be appointed al legal guardians of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
7. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
8. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicant, DAMIANA MBULA MUASYA, is a single Kenyan lady residing in Machakos County. She hails from Katoloni, Machakos County. She is gainfully employed as a business lady in Machakos Town who earns a decent income hence has the means to provide for the child. She has had a custody of the child since 17 th October 2024. The child is 4 years old having been presumably born on 28 th February 2022. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt.
3. BABY ANGEL BARAKA is a female Child presumed to have been born on 9 th February, 2024. The child was found abandoned near Leebma School Centre by a good Samaritan. within Mwiki area of Kasarani, Nairobi County, by an unknown person on 28 th February 2022, aged approximately one day old. She was brought to Medical Metropolitan Centre for urgent medical attention and referred to MAMA LUCY HOSPITAL for further medical evaluation and was later determined to be generally in good health. The matter was reported at Mwiki Police Station and recorded vide OB No. 13/28/02/2022. The matter was also referred to the Embakasi Sub-County Children’s Office, Nairobi. That on 23 rd March 2022, the child was placed temporary at Kids Dream Children’s Home and later moved to The Nest Children’s Home on 18 th May 2023 for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Nairobi Vide Care and Protection C&P No. E084/2023 on 12 th July 2023. However, Mwiki Police Station confirmed by their final letter dated 25 th August 2023, that efforts to trace the child’s relatives were fruitless. The Child was freed by the Little Angels Network on 12 th April 2024 vide their freeing certificate serial No. 002461 pursuant to section 156(1) of the Children’s Act,2001.
4. That the Applicant approached Little Angels Network on 11 th June 2021 with the aim of being placed with a female aged between two and three years from any home with a view to adopting. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement was duly signed and thereafter the child was declared free for adoption by the case committee on 12 th April 2024, vide freeing Certificate Serial No. 002461 . The child was placed with the Applicant on 17 th October 2024.
5. The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 4 th May 2026 from Machakos County Coordinator-Children’s Services confirmed that the Child and the Applicant have bonded well, she is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by annexed copy of her certificate of good conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 7 th May 2026, from Guardian Ad litem, also recommends the adoption.
6. Proposed Legal Guardians SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA the Applicant’s relatives consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, they will assume full parental responsibility according to adoption orders.
DETERMINATION
7. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. It is also evident that the Applicant has support from her famiy. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned Six Months after birth and efforts to trace them have yielded no results
1. Article 14 (4) of the Constitution of Kenya 2010 provides that: -
“(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.”
2. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicant’s application that;
a. The Applicant, DAMIANA MBULA MUASYA is hereby allowed to adopt BABY ANGEL BARAKA, a minor.
b. Henceforth, the child shall be known as ANGEL NDANU MBULA
c. Her date of birth shall be 28 th February 2022 .
d. She is presumed to be a citizen of Kenya by birth.
e. SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA are hereby appointed as legal guardians of the child
f. The REGISTRAR GENERAL to enter this order in the Adoption Children’s Register.
g. The REGISTRAR GENERAL is authorised to issue the child with Birth Certificate.
h. The DIRECTOR - IMMIGRATION SERVICES is authorised to issue the child with a Kenyan Passport when necessary.
i. The guardian ad litem is hereby discharged forthwith.
It is so ordered.
DATED SIGNED and DELIVERED at MACHAKOS this 14 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. Ms. Mutisya For the Applicant
2. Abdisalan-Court Assistant
1. THAT the Applicant, DAMIANA MBULA MUASYA be authorized to adopt the Child identified as BABY ANGEL BARAKA.
2. THAT the child be renamed ANGEL NDANU MBULA .
3. THAT the child’s date of birth be declared to be 28 th February 2022 and his place of birth be declared as Nairobi County.
4. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
5. THAT consent of the biological parents/guardians be dispensed with.
6. THAT the guardian ad litem be discharged, and SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA be appointed al legal guardians of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
7. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
8. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicant, DAMIANA MBULA MUASYA, is a single Kenyan lady residing in Machakos County. She hails from Katoloni, Machakos County. She is gainfully employed as a business lady in Machakos Town who earns a decent income hence has the means to provide for the child. She has had a custody of the child since 17 th October 2024. The child is 4 years old having been presumably born on 28 th February 2022. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt.
3. BABY ANGEL BARAKA is a female Child presumed to have been born on 9 th February, 2024. The child was found abandoned near Leebma School Centre by a good Samaritan. within Mwiki area of Kasarani, Nairobi County, by an unknown person on 28 th February 2022, aged approximately one day old. She was brought to Medical Metropolitan Centre for urgent medical attention and referred to MAMA LUCY HOSPITAL for further medical evaluation and was later determined to be generally in good health. The matter was reported at Mwiki Police Station and recorded vide OB No. 13/28/02/2022. The matter was also referred to the Embakasi Sub-County Children’s Office, Nairobi. That on 23 rd March 2022, the child was placed temporary at Kids Dream Children’s Home and later moved to The Nest Children’s Home on 18 th May 2023 for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Nairobi Vide Care and Protection C&P No. E084/2023 on 12 th July 2023. However, Mwiki Police Station confirmed by their final letter dated 25 th August 2023, that efforts to trace the child’s relatives were fruitless. The Child was freed by the Little Angels Network on 12 th April 2024 vide their freeing certificate serial No. 002461 pursuant to section 156(1) of the Children’s Act,2001.
4. That the Applicant approached Little Angels Network on 11 th June 2021 with the aim of being placed with a female aged between two and three years from any home with a view to adopting. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement was duly signed and thereafter the child was declared free for adoption by the case committee on 12 th April 2024, vide freeing Certificate Serial No. 002461 . The child was placed with the Applicant on 17 th October 2024.
5. The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 4 th May 2026 from Machakos County Coordinator-Children’s Services confirmed that the Child and the Applicant have bonded well, she is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by annexed copy of her certificate of good conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 7 th May 2026, from Guardian Ad litem, also recommends the adoption.
6. Proposed Legal Guardians SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA the Applicant’s relatives consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, they will assume full parental responsibility according to adoption orders.
DETERMINATION
7. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. It is also evident that the Applicant has support from her famiy. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned Six Months after birth and efforts to trace them have yielded no results
1. Article 14 (4) of the Constitution of Kenya 2010 provides that: -
“(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.”
2. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicant’s application that;
a. The Applicant, DAMIANA MBULA MUASYA is hereby allowed to adopt BABY ANGEL BARAKA, a minor.
b. Henceforth, the child shall be known as ANGEL NDANU MBULA
c. Her date of birth shall be 28 th February 2022 .
d. She is presumed to be a citizen of Kenya by birth.
e. SAMUEL MUTUKU MWEU AND ANASTACIA MUENI MUASYA are hereby appointed as legal guardians of the child
f. The REGISTRAR GENERAL to enter this order in the Adoption Children’s Register.
g. The REGISTRAR GENERAL is authorised to issue the child with Birth Certificate.
h. The DIRECTOR - IMMIGRATION SERVICES is authorised to issue the child with a Kenyan Passport when necessary.
i. The guardian ad litem is hereby discharged forthwith.
It is so ordered.
DATED SIGNED and DELIVERED at MACHAKOS this 14 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. Ms. Mutisya For the Applicant
2. Abdisalan-Court Assistant