1. Before this Court is the Originating Summons dated 8th November 2024, Statement in Support of the Application for an Adoption Order and Affidavit in Support of the Application, seeking:
(i) That the Applicants, Joseph Mulinge Maundu and Damaris Mwende Kithome be authorised to adopt the child currently identified as baby Victor Brian
(ii) That henceforth the child be renamed Israel Mumo Mulinge
(iii) That the child’s date of birth be declared to be 23rd October 2023 and his place of birth be declared to be Kiambu County
(iv) That the child be presumed to be a Kenyan citizen by birth and as a consequence, be entitled to the rights and the benefits of a Kenyan citizen, including being issued with a Kenyan Passport whenever desired.
(v) That the consent of the biological parents be dispensed with.
(vi) That the guardian ad litem be discharged; and Josephat Musyoka Maundu and Jennifer Nduku Paul be appointed as Legal Guardian of the child, in the event that the applicants herein are incapacitated or in any way unable to discharge their parental obligations
(vii) That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
2. The application is supported by the grounds that it is in the best interest of the child who will benefit from love and belonging within a family unit; the applicants were approved as adoptive parents by the case committee of a duly registered and approved adoption society under the Department of Children Services; the child was found abandoned at the and the whereabouts of the biological parents or guardian remain unknown as tracing them have proven futile.
3. The matter was canvassed by way of viva voce evidence where the Applicants, the guardian ad litem, the proposed legal guardian, the Children Officer Machakos County, and an officer from the Kenya Children’s Home Adoption Society testified before court.
4. The evidence on record indicates that the child in this matter was born on 22nd October 2023 and on the same day found abandoned in the postnatal ward of Thika Level V Hospital. The matter was reported at Thika Police Station vide OB No 88/27/10/2023 and the child was committed to Macheo Children’s Home.
5. As per section 156(1) of the Children Act, the Kenya’s Children Homes Adoption Society, a registered Adoption Agency declared the child free for adoption and issued a certificate dated 17th July 2024 and serial No 991 declaring the child free for adoption.
6. This certificate was submitted to the court by an officer of the Society together with a report verifying that the legal requirements for adoption to have been satisfied and that the adoption would be in the child’s best interest. Additionally, they confirmed the applicant’s suitability and that the child had been placed in the applicants care after successfully bonding. The minor was in the custody of the applicants.
7. The Applicants are a couple who made an application to the adoption society to be placed with a baby boy aged less than one year. They were taken through an interview, a home assessment and pre-placement counselling.
8. The 1st Applicant is aged 37 years while the 2nd Applicant is 29 year. Both are Kenyan citizens residing in Kikima, Mbooni West Sub-County, Makueni. They are in business and engage in farming activities.
9. The Applicants confirmed that they are desirous of adopting baby Victor Brian. They also stated that they were financially capable of providing for the child. They confirmed that their extended families have both been very supportive and have accepted the child. That the child has also bonded and settled very well and brings so much joy in their lives. They confirmed that they fully understand the implications of an adoption order and the obligations therein.
10. I have considered the Summons, the evidence on record as well as the various reports filed in a bid to determine whether the Applicants are suitable adoptive parent.
11. In the statement in support of the application, the applicant’s stated that they have not been blessed with a child of their own and were driven by their love for children and the need to expand their family. The applicants stated that they are of good physical health and emotional fitness to parent the child as evident by the medical reports provided; that they are persons of means, financially stable to provide for the child as supported by the bank statement provided. They also stated that they are persons of good character and standing with no criminal record as evident by the certificate of good conduct. In addition, the Applicants also presented letters of religious affiliation; recommendations and referee information, medical particulars; copy of letter from children services report; child freeing summary; copy of the care agreement from the Kenya Children’s Home, all pursuant to the provisions of the Children (Adoption) Regulations, 2020. The Applicants also confirmed that they fully understand and are ready for the implications of an Adoption order.
12. The Applicants proposed Josephat Musyoka Maundu and Jennifer Nduku Paul as the legal guardians for the child. The said legal guardians are a brother and sister in law to the 1st applicant. The proposed legal guardians both appeared before court testified and informed court that they had consented and were willingly take up the role. They also indicated that they were aware of the roles and obligations that come with appointment more so if the applicants are incapacitated and become unable to take care of the minor.
13. The Children Services officer in their report dated 1st April 2025 recommended that the applicant be allowed to adopt the minor since among others the minor was declared free for adoption; the bonding process had taken up successfully; the applicants were hardworking and able to provide for the needs of the minor; they have received support from the family members and that it is in the best interest of the minor since he will have a family to belong to as opposed to growing up in a care centre.
14. An officer from the Kenya Children’s Home Adoptive Society testified before court, and relied on their report dated 17th February 2025. The report recommended that the minor be adopted by the applicants since they had proven their ability to take care and provide parental responsibility to the minor. The guardian ad litem also testified before court and filed a report dated 24th March 2025. He stated that the minor was in a favourable environment and in the right hands. That the applicants are loving, financially stable and have agreed to continue to accord the minor all necessary support. He recommended the adoption stating that it will be in the best interest of the child.
15. Based on the oral testimonies evidence adduced before the court, the supporting documentation availed I am satisfied that the Applicants are suitable to be adoptive parents and fit to be adoptive parents and provide guidance to the child.
16. Article 14 (4) of The Constitution provides as follows:
A child found in Kenya who is, or appears to be, less than 8 years of age, and whose nationality and parents are not know, is presumes to be a citizen by birth.
17. The child was abandoned at the Thika Level V Hospital, within the Republic of Kenya after he was born. I, therefore, declare that the child is a citizen of Kenya by birth.
18. From the records and evidence presented before this court all efforts to trace the child’s parents/relatives have been futile. Therefore, there exists no known person from whom consent for this adoption can be sought and/or obtained. I, therefore, waive this requirement in line with section 185 (4)(b) of the Children Act.
19. In accordance with Section 8 of the Children Act, the court is required to take into account the best interest of the child in all matters concerning their welfare. In this case, the child was abandoned after birth and subsequently faced an uncertain and potentially unstable future in a children’s home or similar care institutions. The proposed adoption presents a significant opportunity for the child to grow up in a stable loving and supportive family environment. This is not only beneficial for the child’s emotional and psychological development but also in line with the recommendation made by the Children Officer who emphasized the importance of such an environment for the child’s well being.
20. I have carefully considered the Reports submitted by the Adoption Agency, the Guardian ad Litem, the Director of Children Services. All these reports were positive and recommended the adoption. Additionally, I had the opportunity to personally observe the child in the presences of the applicants. The child appeared to be at ease and interacted comfortably with the applicants. It is my view therefore that the applicants are capable of nurturing and providing a home where the child’s needs will be well met.
21. The upshot of the above is that the Originating Summon dated 8th November 2024 is hereby allowed in the following terms;
(i) That the Applicants Joseph Mulinge Maundu and Damaris Mwende Kithome are allowed to adopt the child currently identified as Baby Victor Brian;
(ii) Upon adoption, the child shall be renamed as Israel Mumo Mulinge
(iii) 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;
(iv) Josephat Musyoka Maundu and Jenifer Nduku Paul are appointed as Legal Guardian of the child,
(v) The Guardian ad Litem is hereby discharged;
(vi) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;
Delivered, Dated and Signed this 5th day of May 2025