REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO E012 OF 2025
IN THE MATER OF ADOPTION OF BABY GRACE JOY
AND
J.M.A ……………....... 1 ST APPLICANT
M.A.M ......................... 2 ND APPLICANT
JUDGMENT
Before this Court is the Originating Summons dated 24 January 2025, Statement in support of the Application for an Adoption Order and an Affidavit in support of the Application, seeking the following orders:
That the Applicants, J.M.A and M.A.M, be and are hereby authorised to adopt baby Grace Joy. The child will be renamed G-J A.K.M after adoption;
That J.I.M ID 9621852 and D.S ID 12703879 be and are hereby appointed as the legal guardians of the child if a misfortune befalls the Applicants rendering them unavailable or incapable of taking care of the child;
That the Registrar-General be and is hereby ordered to make the appropriate entries in Adopted Children’s Register regarding G-J. A.K.M after adoption;
That the child was born in Kenya, of Kenyan parents, and is therefore a Kenyan by birth and is entitled to a Kenyan passport.
The Child
The child (female) was presumably born on 7 March 2019 with the place of birth unknown. On 7 December 2019, the child was found abandoned in Kinunga area and rescued by a good Samaritan. The matter was subsequently reported to Nyeri Police Station vide OB No. 75/7/12/2019.
The child was placed under the care of New Life Home Trust. She was committed to the same institution as a child in need of care and protection by the Nyeri Children’s Court under Care and Protection Number 50 of 2020. The child remained at the institution until she was placed with the Applicants on 13 June 2024.
Despite efforts made by Nyeri Police Station, no claims of parental responsibility were made, and all efforts to locate the child’s biological parents or relatives were unsuccessful. Consequently, the child was declared legally available for adoption by Little Angels Network and a freeing certificate Number. 002470 was issued pursuant to Section 194 (1) of the Children Act. Therefore, I am satisfied that this legal prerequisite has been met.
The child was placed in the custody of the Applicant on 13 June 2024, where she has remained under continuous care and supervision. The child is currently aged 6 years and attends school. She is in Grade 1.
The Applicant
The Applicants are Kenyan citizens, residing in Langata, Nairobi. They are a married couple, having celebrated their wedding on 8 August 1992. Their union is blessed with two biological children aged 29 and 26 years.
The 1 st Applicant is a Bank Manager, while the 2 nd Applicant is an insurance underwriter. The Applicants are committed to offering a nurturing environment, hence demonstrating a sincere intent to raise the child as their own. Their motivation for the adoption is the desire to have a third child to love and nurture, while opening their home to a needy child.
The extended family has accepted the child and supportive of the adoption.
The Adoption Application
I have considered the Summons, the evidence on record, as well as the various reports filed.
The duty of this Court is to analyse the material before it to determine whether the Applicants are suitable adoptive parents. The Guardian ad Litem confidently states that the Applicants have provided a conducive environment for the growth and development of the child. The home is harmonious and there is a natural emotional connection between the Applicants and the child.
The Applicants presented copies of bank statements, Police Clearance Certificate as well as various recommendations, all pursuant to the provisions of The Children (Adoption) Regulations, 2020. These disclose that the Applicants are financially, socially, physically and mentally fit to adopt the child.
Additionally, pursuant to section 195 of the Children Act, the Applicants provided a sworn affidavits from J.I.M and D.S., consenting to be appointed as the legal guardians of the child in the event that anything untoward happens to the Applicants. The proposed legal Guardians, a married couple, confirmed that they understood their role and responsibilities towards the child and are ready and willing to take up the same.
From the material availed, I am satisfied that the Applicants are suitable adoptive parents.
Analysis and Determination
The child herein was found abandoned in Kenya a few months after she is presumed to have been born. Pursuant to the provisions of Article 14(4) of The Constitution, the child is presumed to be a citizen of Kenya. Article 14(4) states that:
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.
In deciding any matter involving a child, the court is obligated to give priority to the best interests of the child. Section 8 of the Children Act provides:
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies–
(a) the best interests of the child shall be the primary consideration;
(b) the best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule;
2. All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:-
(a) Safeguard and promote the rights and welfare of the child;
(b) Conserve and promote the welfare of the child; and
(c) Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.
I have considered the Reports filed by the Adoption Agency dated 17 May 2024, the Guardian ad Litem dated 14 March 2025, and the Director of Children Services dated 20 May 2025, all of which were positive and recommended the adoption.
This child was abandoned immediately after birth and faced an uncertain future. Adoption, therefore, serves the best interests of the child by giving her a sense of identity and belonging.
Accordingly, I allow the Summons and make the following orders:
That the Applicants, J.M.A and M.A.M., are allowed to adopt the child currently identified as Baby Grace Joy, who shall now henceforth be known as G-J.A.K.M;
The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under The Constitution of Kenya and all applicable laws;
J.I.M and D.S are appointed as the legal Guardians of the child;
The Guardian ad Litem is hereby discharged;
The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;
DATED AND DELIVERED IN NAIROBI ON DAY OF JULY 2025
HELENE R. NAMISI
JUDGE OF THE HIGH COURT
Delivered on virtual platform in the presence of:
For Applicants: Mr. Ogutu
Court Assistant: Libertine Achieng.
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO E012 OF 2025
IN THE MATER OF ADOPTION OF BABY GRACE JOY
AND
J.M.A ……………....... 1 ST APPLICANT
M.A.M ......................... 2 ND APPLICANT
JUDGMENT
Before this Court is the Originating Summons dated 24 January 2025, Statement in support of the Application for an Adoption Order and an Affidavit in support of the Application, seeking the following orders:
That the Applicants, J.M.A and M.A.M, be and are hereby authorised to adopt baby Grace Joy. The child will be renamed G-J A.K.M after adoption;
That J.I.M ID 9621852 and D.S ID 12703879 be and are hereby appointed as the legal guardians of the child if a misfortune befalls the Applicants rendering them unavailable or incapable of taking care of the child;
That the Registrar-General be and is hereby ordered to make the appropriate entries in Adopted Children’s Register regarding G-J. A.K.M after adoption;
That the child was born in Kenya, of Kenyan parents, and is therefore a Kenyan by birth and is entitled to a Kenyan passport.
The Child
The child (female) was presumably born on 7 March 2019 with the place of birth unknown. On 7 December 2019, the child was found abandoned in Kinunga area and rescued by a good Samaritan. The matter was subsequently reported to Nyeri Police Station vide OB No. 75/7/12/2019.
The child was placed under the care of New Life Home Trust. She was committed to the same institution as a child in need of care and protection by the Nyeri Children’s Court under Care and Protection Number 50 of 2020. The child remained at the institution until she was placed with the Applicants on 13 June 2024.
Despite efforts made by Nyeri Police Station, no claims of parental responsibility were made, and all efforts to locate the child’s biological parents or relatives were unsuccessful. Consequently, the child was declared legally available for adoption by Little Angels Network and a freeing certificate Number. 002470 was issued pursuant to Section 194 (1) of the Children Act. Therefore, I am satisfied that this legal prerequisite has been met.
The child was placed in the custody of the Applicant on 13 June 2024, where she has remained under continuous care and supervision. The child is currently aged 6 years and attends school. She is in Grade 1.
The Applicant
The Applicants are Kenyan citizens, residing in Langata, Nairobi. They are a married couple, having celebrated their wedding on 8 August 1992. Their union is blessed with two biological children aged 29 and 26 years.
The 1 st Applicant is a Bank Manager, while the 2 nd Applicant is an insurance underwriter. The Applicants are committed to offering a nurturing environment, hence demonstrating a sincere intent to raise the child as their own. Their motivation for the adoption is the desire to have a third child to love and nurture, while opening their home to a needy child.
The extended family has accepted the child and supportive of the adoption.
The Adoption Application
I have considered the Summons, the evidence on record, as well as the various reports filed.
The duty of this Court is to analyse the material before it to determine whether the Applicants are suitable adoptive parents. The Guardian ad Litem confidently states that the Applicants have provided a conducive environment for the growth and development of the child. The home is harmonious and there is a natural emotional connection between the Applicants and the child.
The Applicants presented copies of bank statements, Police Clearance Certificate as well as various recommendations, all pursuant to the provisions of The Children (Adoption) Regulations, 2020. These disclose that the Applicants are financially, socially, physically and mentally fit to adopt the child.
Additionally, pursuant to section 195 of the Children Act, the Applicants provided a sworn affidavits from J.I.M and D.S., consenting to be appointed as the legal guardians of the child in the event that anything untoward happens to the Applicants. The proposed legal Guardians, a married couple, confirmed that they understood their role and responsibilities towards the child and are ready and willing to take up the same.
From the material availed, I am satisfied that the Applicants are suitable adoptive parents.
Analysis and Determination
The child herein was found abandoned in Kenya a few months after she is presumed to have been born. Pursuant to the provisions of Article 14(4) of The Constitution, the child is presumed to be a citizen of Kenya. Article 14(4) states that:
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.
In deciding any matter involving a child, the court is obligated to give priority to the best interests of the child. Section 8 of the Children Act provides:
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies–
(a) the best interests of the child shall be the primary consideration;
(b) the best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule;
2. All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:-
(a) Safeguard and promote the rights and welfare of the child;
(b) Conserve and promote the welfare of the child; and
(c) Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.
I have considered the Reports filed by the Adoption Agency dated 17 May 2024, the Guardian ad Litem dated 14 March 2025, and the Director of Children Services dated 20 May 2025, all of which were positive and recommended the adoption.
This child was abandoned immediately after birth and faced an uncertain future. Adoption, therefore, serves the best interests of the child by giving her a sense of identity and belonging.
Accordingly, I allow the Summons and make the following orders:
That the Applicants, J.M.A and M.A.M., are allowed to adopt the child currently identified as Baby Grace Joy, who shall now henceforth be known as G-J.A.K.M;
The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under The Constitution of Kenya and all applicable laws;
J.I.M and D.S are appointed as the legal Guardians of the child;
The Guardian ad Litem is hereby discharged;
The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;
DATED AND DELIVERED IN NAIROBI ON DAY OF JULY 2025
HELENE R. NAMISI
JUDGE OF THE HIGH COURT
Delivered on virtual platform in the presence of:
For Applicants: Mr. Ogutu
Court Assistant: Libertine Achieng.