1. By the Originating Summons dated 15.10.25 Joseph Noru Nicholas Kigaya and his wife Caroline Wanjiru Kigaya seek to adopt a child known as Augustine Daniel Palazzolo. This is a second adoption application by the Applicants. Their first child Simon Mungai Boru Kigaya was adopted on 14.2.24 in Adoption Cause No. E002 of 2023.
2. The Applicants were assessed by Little Angels Network, a registered adoption society and taken through the adoption process and its implications. The society’s case committee sitting on 7.7.22 found the Applicants fit to adopt a child of their preferred age and sex. The child was on 16.2.24 placed with the Applicants for mandatory bonding period prior to adoption. There is a duly signed home care agreement on record, to that effect.
3. The reports on record indicate that the child is estimated to have been born on 20.7.23. The child was found abandoned in Loresho area, Nairobi by boda boda operators who reported the matter to Kitisuru Chief. The child was on the same day admitted at the House of Charity Children’s Home. The matter was on 25.7.23 reported at Kabete Police Station vide Occurrence Book Number 23/25/07/2023. The child was subsequently formally committed to the same Home for a period of 3 years by Children’s Court at Nairobi vide Care and Protection Case Number E449 of 2023 for a period of 3 months. The child was on 31.1.24 declared free for adoption by Little Angels Network vide certificate serial no. 002438.
4. In a final letter dated 19.1.24, Kabete Police Station indicated that since the child was reported abandoned on 20.7.23, no one ever turned up to claim him and all efforts to trace the parents had been fruitless.
5. Reports in respect of the assessment of the Applicants have been filed as required. The report of Little Angels Network which arranged the adoption of the child is on record. Winifred Kambua Kaluku, the Kilifi County Coordinator, Children’s Services filed her report dated 12.2.26. Nyambura Mwaniki was on 25.11.25, appointed guardian ad litem for the child pending the hearing and determination of the adoption application, in accordance with Section 188 of the Children Act. She filed her report dated 10.1.26. All these reports are positive and recommend that adoption.
6. It is noted that the child has been in continuous care and control of the Applicants for a period of about 1 year and 4 months which is more than the statutory 3 months’ period required under Section 185(2) of the Act. The Applicants are not below the age of 25 years, nor are they older than 65 years. Both are more than 21 years older than the child. Section 186(2) of the Act has thus been complied with. The Applicants confirmed that they have been made aware of the consequences of an adoption order as well as the rights of an adopted child. They shall assume all parental rights and duties of the biological parents in respect of the child. The child shall have the right of inheritance alongside that of the earlier adopted child, as well as the male Applicant’s 2 biological children. I am satisfied that the Applicants fully understand that the adoption order is final and binding during the lifetime of the child and cannot under any circumstances give up the child. From the aforesaid reports, the Court is further satisfied that the Applicants have the financial resources, social and emotional capability to bring up the child.
7. The Applicants have nominated Elsie Thenya Karanja, the female Applicant’s sister and her husband Wilfred Joel Mbadi to be the legal guardians of the child, in the event of the Applicants dying or becoming incapacitated before the child is of full age. Their consent is on record.
8. Having taken into account the foregoing factors, this Court has formed the opinion that it would be in the best interests of the child that he be adopted by the Applicants.
9. The Court is further satisfied that all the legal requirements for a local adoption have been met and makes the following Orders as prayed in the Originating Summons herein:
a) The Applicants Joseph Noru Nicholas Kigaya holder of national identity card number 14680819 and his wife Caroline Wanjiru Kigaya holder of national identity card number 21751893 are hereby allowed to adopt Baby Augustine Daniel Palazzolo who shall henceforth be known as Gilbert Zacc Gathuo Kigaya.
b) The child’s date of birth is hereby declared to be 20.7.23.
c) The child is hereby declared to be a Kenyan citizen by birth.
d) I direct the Registrar General to enter this order in the Adoption Register.
e) Wilfred Joel Mbadi and his wife Elsie Thenya Karanja are hereby appointed the legal guardian of the child, in the event the Applicants die or become incapacitated before the child is of full age.
f) The appointment of Nyambura Mwaniki, the guardian ad litem now stands expired.
DATED, SIGNED and DELIVERED at Malindi this 27th day of February 2026
2. The Applicants were assessed by Little Angels Network, a registered adoption society and taken through the adoption process and its implications. The society’s case committee sitting on 7.7.22 found the Applicants fit to adopt a child of their preferred age and sex. The child was on 16.2.24 placed with the Applicants for mandatory bonding period prior to adoption. There is a duly signed home care agreement on record, to that effect.
3. The reports on record indicate that the child is estimated to have been born on 20.7.23. The child was found abandoned in Loresho area, Nairobi by boda boda operators who reported the matter to Kitisuru Chief. The child was on the same day admitted at the House of Charity Children’s Home. The matter was on 25.7.23 reported at Kabete Police Station vide Occurrence Book Number 23/25/07/2023. The child was subsequently formally committed to the same Home for a period of 3 years by Children’s Court at Nairobi vide Care and Protection Case Number E449 of 2023 for a period of 3 months. The child was on 31.1.24 declared free for adoption by Little Angels Network vide certificate serial no. 002438.
4. In a final letter dated 19.1.24, Kabete Police Station indicated that since the child was reported abandoned on 20.7.23, no one ever turned up to claim him and all efforts to trace the parents had been fruitless.
5. Reports in respect of the assessment of the Applicants have been filed as required. The report of Little Angels Network which arranged the adoption of the child is on record. Winifred Kambua Kaluku, the Kilifi County Coordinator, Children’s Services filed her report dated 12.2.26. Nyambura Mwaniki was on 25.11.25, appointed guardian ad litem for the child pending the hearing and determination of the adoption application, in accordance with Section 188 of the Children Act. She filed her report dated 10.1.26. All these reports are positive and recommend that adoption.
6. It is noted that the child has been in continuous care and control of the Applicants for a period of about 1 year and 4 months which is more than the statutory 3 months’ period required under Section 185(2) of the Act. The Applicants are not below the age of 25 years, nor are they older than 65 years. Both are more than 21 years older than the child. Section 186(2) of the Act has thus been complied with. The Applicants confirmed that they have been made aware of the consequences of an adoption order as well as the rights of an adopted child. They shall assume all parental rights and duties of the biological parents in respect of the child. The child shall have the right of inheritance alongside that of the earlier adopted child, as well as the male Applicant’s 2 biological children. I am satisfied that the Applicants fully understand that the adoption order is final and binding during the lifetime of the child and cannot under any circumstances give up the child. From the aforesaid reports, the Court is further satisfied that the Applicants have the financial resources, social and emotional capability to bring up the child.
7. The Applicants have nominated Elsie Thenya Karanja, the female Applicant’s sister and her husband Wilfred Joel Mbadi to be the legal guardians of the child, in the event of the Applicants dying or becoming incapacitated before the child is of full age. Their consent is on record.
8. Having taken into account the foregoing factors, this Court has formed the opinion that it would be in the best interests of the child that he be adopted by the Applicants.
9. The Court is further satisfied that all the legal requirements for a local adoption have been met and makes the following Orders as prayed in the Originating Summons herein:
a) The Applicants Joseph Noru Nicholas Kigaya holder of national identity card number 14680819 and his wife Caroline Wanjiru Kigaya holder of national identity card number 21751893 are hereby allowed to adopt Baby Augustine Daniel Palazzolo who shall henceforth be known as Gilbert Zacc Gathuo Kigaya.
b) The child’s date of birth is hereby declared to be 20.7.23.
c) The child is hereby declared to be a Kenyan citizen by birth.
d) I direct the Registrar General to enter this order in the Adoption Register.
e) Wilfred Joel Mbadi and his wife Elsie Thenya Karanja are hereby appointed the legal guardian of the child, in the event the Applicants die or become incapacitated before the child is of full age.
f) The appointment of Nyambura Mwaniki, the guardian ad litem now stands expired.
DATED, SIGNED and DELIVERED at Malindi this 27th day of February 2026