In the Matter of Adoption of R.M.
And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Everlyne Mukolowe Nambiro
Introduction:
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. In the Originating Summons dated 26 th November, 2025, the applicant seeks an Adoption Order under section 183, 184, 185, 186, 194, 200 and 201 of the Children Act, 2022, seek that;
a. That the Applicant be authorized to adopt Baby R.M. and that the said child be known as C.M.N.
b. That the Registrar General makes the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a certificate of birth with the new name.
d. The minor be presumed to be a Kenyan Citizen born in Kenya.
e. That Jacqueline Namukuru Nambiro be appointed as the Legal Guardian of the minor.
10. The applicant, Jackline Namukuru -ID No. 25963826, told court that she resides in New York and a Registered Nurse by profession. She said that the applicant is her biological sibling. She understands her roles as legal guardian and is ready to take the child and discharge her roles as required.
The 2 nd witness Everlyne Mukolowe ID card 27839731 , says that she is an Accountant by profession and lives in Mala Kangundo Road. The baby was placed in her custody on 19 th July 2025. Her prayer is to have full Adoption. She is ready to take care of her full responsibilities. Once the court grants the adoption, she will become a mother and I will be able to provide the minor everything she needs and when she is an adult, she will be able to inherit all that she has. The adoption will be irreversible. She prays that her name be changed into new as prayed in the Originating Summons.
11. The 3 rd witness, Cynthia Nafula ID NO.28202406 told court that she resides at Zimmerman and a banker by profession. She did a report to the court dated 12 th June, 2026, wherein she recommended the applicant to be granted responsibility as a mother. She does not have any reservation in this report.
12. The 4 th witness, Nathan Jule ID NO. 14715262, told court that he is based at Matungulu Sub-County as a Children Officer. He did a report in regard to this adoption dated 28 th May, 2026. It is in favour of the applicant.
13. The 5 th witness is James Beru of ID NO. 25930558. He told court that he works for Buckner Kenya Adoption Services as a social worker. This is an agency that vetted the Applicant pursuant to section 210 of the Children Act, 2022. The applicant was assessed and found fit for adoption. She was blessed with baby R.M. on 19 th July 2025. The minor was free for adoption on 20 th June, 2025 vide certificate No.0884. The witness prepared a report dated 31 st March 2026. He adopts it and recommends that; it is in the interest of the minor.
Analysis and Determination:
The subject:
15. The baby who is the subject herein, was abandoned at 87 Area, Uthiru and a report was made to Kabete Police Station under OB No. 27/07/08/2024. Upon investigations, nobody came up claiming custody of the child. Consequently, the Children Court at Ruiru, committed the child to New Life Home Trust for care and protection. Thereafter, the child was placed in the applicant’s care and has since bonded well with the child. Her extended family has bonded well and accepted the child into their family. The applicant understands her roles as an adoptive mother and she is ready to discharge the mandate as a mother to the child. There was a certificate issued declaring the child as free for adoption.
National Identity Card:
16. The adoptive applicant has exhibited her national ID card to show that she was born on 03/02/1990. For the purposes of age, the applicant meets the criteria.
Financial capability:
17. The applicant has demonstrated her financial capability by attaching a bank statement from Cooperative Bank and copies of her payslips to show her income and therefore, she is financially able to secure the future of the child.
Background check.
18. The applicant had her background investigated and they are of good health as exhibited by the medical records besides, a certificate of good conduct from the police.
Directorate of Children Services Report:
19. This report is dated 25 th April, 2025 which covered the history of the child herein and upon consideration of the best interest of the child, recommended that the baby R.M. be committed to New Life Home Trust, Kilimani, for a period of 3 months.
Buckner Kenya Adoption Services.
20. There is an elaborate report from Buckner Kenya Adoption Services which covered a wide area of aspects of the applicant and the striking aspect was “…it is important to note that Everlyne has a great support from Family. All her siblings and her mother are aware of her decision to adopt and have supported her. One of her sisters has consented to be a legal guardian for the child. Everlyne is also hardworking, friendly and sociable. She is in good health and has been cleared by the directorate of criminal investigations as one without a criminal record. A child placed in her care is thus going to be given parental love, care and protection and be nurtured to grow up and live a full life…The Buckner Kenya Adoption Services Case Committee sitting on 5 th August, 2024 assessed this application and was satisfied that the applicant, Miss Everlyne Mukolowe Nambiro is fit to adopt a baby girl between six months and one year…”
Legal Guardian:
21. Jacqueline Nambiro of post office number 22-00200 Nairobi has consented to being a legal Guardian of the child as per the consent and is ready, in event of death of the parents to the baby herein, to take full responsibility of the child emotionally, financially, physically, mentally and educationally. She is ready to offer care and protection to the child and all the assets due to the child.
22. What more, shall we say.
23. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centerpiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 26 th November, 2025, and order as follows:
• The Applicant E.M.N. be and are hereby allowed to adopt baby R.M. who shall henceforth be known as C.M.N (minor).
• The babyR.M. is presumed to have been born in Kenya in accordance with article 14(4) of the Constitution of Kenya and her place of birth shall 87 area, Uthiru.
• J.N.N. is hereby appointed as a legal guardian in the event that the Applicant dies, or is incapacitated by ill health.
• The Registrar General is directed to enter appropriate entries into the Adopted Children’s Register.
• The Registrar of births to issue a birth certificate in the name of C.M.N.
Hon. R.K. Ondieki,
Judge.
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And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Everlyne Mukolowe Nambiro
Introduction:
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. In the Originating Summons dated 26 th November, 2025, the applicant seeks an Adoption Order under section 183, 184, 185, 186, 194, 200 and 201 of the Children Act, 2022, seek that;
a. That the Applicant be authorized to adopt Baby R.M. and that the said child be known as C.M.N.
b. That the Registrar General makes the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a certificate of birth with the new name.
d. The minor be presumed to be a Kenyan Citizen born in Kenya.
e. That Jacqueline Namukuru Nambiro be appointed as the Legal Guardian of the minor.
10. The applicant, Jackline Namukuru -ID No. 25963826, told court that she resides in New York and a Registered Nurse by profession. She said that the applicant is her biological sibling. She understands her roles as legal guardian and is ready to take the child and discharge her roles as required.
The 2 nd witness Everlyne Mukolowe ID card 27839731 , says that she is an Accountant by profession and lives in Mala Kangundo Road. The baby was placed in her custody on 19 th July 2025. Her prayer is to have full Adoption. She is ready to take care of her full responsibilities. Once the court grants the adoption, she will become a mother and I will be able to provide the minor everything she needs and when she is an adult, she will be able to inherit all that she has. The adoption will be irreversible. She prays that her name be changed into new as prayed in the Originating Summons.
11. The 3 rd witness, Cynthia Nafula ID NO.28202406 told court that she resides at Zimmerman and a banker by profession. She did a report to the court dated 12 th June, 2026, wherein she recommended the applicant to be granted responsibility as a mother. She does not have any reservation in this report.
12. The 4 th witness, Nathan Jule ID NO. 14715262, told court that he is based at Matungulu Sub-County as a Children Officer. He did a report in regard to this adoption dated 28 th May, 2026. It is in favour of the applicant.
13. The 5 th witness is James Beru of ID NO. 25930558. He told court that he works for Buckner Kenya Adoption Services as a social worker. This is an agency that vetted the Applicant pursuant to section 210 of the Children Act, 2022. The applicant was assessed and found fit for adoption. She was blessed with baby R.M. on 19 th July 2025. The minor was free for adoption on 20 th June, 2025 vide certificate No.0884. The witness prepared a report dated 31 st March 2026. He adopts it and recommends that; it is in the interest of the minor.
Analysis and Determination:
The subject:
15. The baby who is the subject herein, was abandoned at 87 Area, Uthiru and a report was made to Kabete Police Station under OB No. 27/07/08/2024. Upon investigations, nobody came up claiming custody of the child. Consequently, the Children Court at Ruiru, committed the child to New Life Home Trust for care and protection. Thereafter, the child was placed in the applicant’s care and has since bonded well with the child. Her extended family has bonded well and accepted the child into their family. The applicant understands her roles as an adoptive mother and she is ready to discharge the mandate as a mother to the child. There was a certificate issued declaring the child as free for adoption.
National Identity Card:
16. The adoptive applicant has exhibited her national ID card to show that she was born on 03/02/1990. For the purposes of age, the applicant meets the criteria.
Financial capability:
17. The applicant has demonstrated her financial capability by attaching a bank statement from Cooperative Bank and copies of her payslips to show her income and therefore, she is financially able to secure the future of the child.
Background check.
18. The applicant had her background investigated and they are of good health as exhibited by the medical records besides, a certificate of good conduct from the police.
Directorate of Children Services Report:
19. This report is dated 25 th April, 2025 which covered the history of the child herein and upon consideration of the best interest of the child, recommended that the baby R.M. be committed to New Life Home Trust, Kilimani, for a period of 3 months.
Buckner Kenya Adoption Services.
20. There is an elaborate report from Buckner Kenya Adoption Services which covered a wide area of aspects of the applicant and the striking aspect was “…it is important to note that Everlyne has a great support from Family. All her siblings and her mother are aware of her decision to adopt and have supported her. One of her sisters has consented to be a legal guardian for the child. Everlyne is also hardworking, friendly and sociable. She is in good health and has been cleared by the directorate of criminal investigations as one without a criminal record. A child placed in her care is thus going to be given parental love, care and protection and be nurtured to grow up and live a full life…The Buckner Kenya Adoption Services Case Committee sitting on 5 th August, 2024 assessed this application and was satisfied that the applicant, Miss Everlyne Mukolowe Nambiro is fit to adopt a baby girl between six months and one year…”
Legal Guardian:
21. Jacqueline Nambiro of post office number 22-00200 Nairobi has consented to being a legal Guardian of the child as per the consent and is ready, in event of death of the parents to the baby herein, to take full responsibility of the child emotionally, financially, physically, mentally and educationally. She is ready to offer care and protection to the child and all the assets due to the child.
22. What more, shall we say.
23. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centerpiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 26 th November, 2025, and order as follows:
• The Applicant E.M.N. be and are hereby allowed to adopt baby R.M. who shall henceforth be known as C.M.N (minor).
• The babyR.M. is presumed to have been born in Kenya in accordance with article 14(4) of the Constitution of Kenya and her place of birth shall 87 area, Uthiru.
• J.N.N. is hereby appointed as a legal guardian in the event that the Applicant dies, or is incapacitated by ill health.
• The Registrar General is directed to enter appropriate entries into the Adopted Children’s Register.
• The Registrar of births to issue a birth certificate in the name of C.M.N.
Hon. R.K. Ondieki,
Judge.
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