IN THE MATTER OF THE CHILDREN ACT, 2022
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY BN, A MINOR
1. Before this Court is the application dated 7 th May, 2026 . The Applicants JOO and AWO are seeking to be authorized to adopt Baby BN hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as BNO . CKS and SWK are to be appointed as the Child’s legal guardians upon the granting of the adoption orders.
2. The Applicants are Kenyan citizens, as evidenced by their National Identity Cards and are married, as evidenced by their marriage certificate, license number 18468.
3. The 1 st Applicant is a self-employed accountant and content creator while the 2 nd Applicant is a self-employed businesslady. The report from the Ministry of Gender, Culture and Children’s Services dated 23 rd June, 2026 indicates that the Applicants are financially stable and have a reliable source of income to enable them to cater for the material needs of the child. The report indicates that the Applicants have been meeting the child’s needs throughout the foster care period for the past four years and remain committed to ensuring her continued welfare and well-being. They have presented their financial statements.
4. The family has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem (PMS) indicate they are eligible to adopt. They have indicated that they would like to legalise their relationship through adoption to enable the Child to become a complete member of the family.
5. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County) dated 23 rd June 2026 indicates that the adoption is a joint application by a Kenyan couple. The Child was found abandoned on 10 th September 2011 at Ngong Town along Maasai Road and was rescued by two good samaritans. Before placement, a couple opted to retain custody of the child without following the required legal procedure. The police intervened and the child was taken in for placement. The police letter dated 4 th November 2025 confirmed abandonment of the child and requested Kajiado West Sub-County Children’s Office to offer further assistance. Further investigations to try and trace the biological parents/relatives of the child were futile. The child remained unclaimed for a period of more than a year, consequently, the child was declared free for adoption on 12 th March 2026 vide Certificate serial number 002640.
6. Pending hearing of the application before this Court, PMS was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the child has been under the Applicants’ foster care for the past four years and has integrated well into the family. Further that the child had developed strong bonds with the Applicants and had adjusted positively to the family environment provided for by the prospective parents who have sufficient means and capability to provide for the child.
7. At the hearing of the application, the child aged 14 years happily consented to the adoption.
8. CKS and SWK , the proposed legal guardians, are both Kenya Citizens as evidenced by their National Identity Cards.
9. The Child is presumed to be a Kenyan citizen by virtue of Article 14(4) of the Constitution , having been found in Kenya and with her parents unknown at the time of her rescue.
10. In light of the best interests of the Child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010 . Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1 st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the Child’s best interests in making decisions touching on him.
a. Article 53 of the Constitution, 2010 states that a Child’s best interests are of paramount importance in every matter concerning the Child.
b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;
(1) In all actions concerning Children, whether undertaken by public of 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 public interest.
(3) In any matters affecting a Child, the Child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the Child’s age and degree of maturity.
c. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:
(1) The age, maturity, stage of development, gender, background and any other relevant characteristics of the Child.
(2) Distinct special needs (if any) arising from chronic ailment or disability.
(3) The relationship of the Child with the Child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the Child’s welfare.
(4) The preference of the Child, if old enough to express a meaningful preference.
(5) The duration and adequacy of the Child’s current living arrangements and the desirability of maintaining continuity.
(6) The stability of any proposed living arrangements for the Child.
(7) The motivation of the parties involved and their capacities to give the Child love, affection and guidance.
(8) The Child’s adjustment to the Child’s present home, school and community.
(9) The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the Child and the other parent and/or guardian(s), including physical access.
(10) The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in Child care.
(11) Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.
(12) The effect of the Child if one parent/guardian has sole authority over the Child’s upbringing.
(13) The existence of domestic abuse between the parents/guardian (s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the Child.
(14) The existence of any history of Child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the Child.
(15) Where the Child is under one year of age, whether the Child is being breast-fed.
(16) The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.
(17) Where there is a person residing with a parent or guardian, whether that person; -
(a) Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.
(b) Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.
(18) Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the Child.
11. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County), the guardian ad litem , and the proposed legal guardians all indicate that the Child will be well taken care of in the care and custody of the adoptive parents.
12. The Applicants have been found suitable to adopt the child herein; they have demonstrated commitment to the overall well-being, including provision of basic needs and love. I am convinced that this adoption offers the child a significant opportunity for an improved quality of life.
13. In the circumstances, I allow the Originating Summons dated 7 th May, 2026 and make the following orders:
(a) The Applicants, JOO and AWO, are authorized to adopt the Child known as Baby BN.
(b) Upon adoption, the Child shall be known as BNO.
(c) CKS and SWK are appointed as the legal guardians of the Child.
(d) The Registrar of Births and Deaths is directed to issue a birth certificate in the Child’s new name;
(e) The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child.
(f) The guardian ad litem is hereby discharged.
14. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 22 ND day of JULY 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
ADOPTION CAUSE E091 OF 2026 JUDGMENT2
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY BN, A MINOR
1. Before this Court is the application dated 7 th May, 2026 . The Applicants JOO and AWO are seeking to be authorized to adopt Baby BN hereinafter referred to as (“the Child”) and upon adoption, the Child is to be known as BNO . CKS and SWK are to be appointed as the Child’s legal guardians upon the granting of the adoption orders.
2. The Applicants are Kenyan citizens, as evidenced by their National Identity Cards and are married, as evidenced by their marriage certificate, license number 18468.
3. The 1 st Applicant is a self-employed accountant and content creator while the 2 nd Applicant is a self-employed businesslady. The report from the Ministry of Gender, Culture and Children’s Services dated 23 rd June, 2026 indicates that the Applicants are financially stable and have a reliable source of income to enable them to cater for the material needs of the child. The report indicates that the Applicants have been meeting the child’s needs throughout the foster care period for the past four years and remain committed to ensuring her continued welfare and well-being. They have presented their financial statements.
4. The family has undergone background checks, and reports from the Ministry of Gender, Culture and Children’s Services and the appointed Guardian ad Litem (PMS) indicate they are eligible to adopt. They have indicated that they would like to legalise their relationship through adoption to enable the Child to become a complete member of the family.
5. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County) dated 23 rd June 2026 indicates that the adoption is a joint application by a Kenyan couple. The Child was found abandoned on 10 th September 2011 at Ngong Town along Maasai Road and was rescued by two good samaritans. Before placement, a couple opted to retain custody of the child without following the required legal procedure. The police intervened and the child was taken in for placement. The police letter dated 4 th November 2025 confirmed abandonment of the child and requested Kajiado West Sub-County Children’s Office to offer further assistance. Further investigations to try and trace the biological parents/relatives of the child were futile. The child remained unclaimed for a period of more than a year, consequently, the child was declared free for adoption on 12 th March 2026 vide Certificate serial number 002640.
6. Pending hearing of the application before this Court, PMS was appointed as Guardian ad Litem of the Child. She gave a positive report averring that the child has been under the Applicants’ foster care for the past four years and has integrated well into the family. Further that the child had developed strong bonds with the Applicants and had adjusted positively to the family environment provided for by the prospective parents who have sufficient means and capability to provide for the child.
7. At the hearing of the application, the child aged 14 years happily consented to the adoption.
8. CKS and SWK , the proposed legal guardians, are both Kenya Citizens as evidenced by their National Identity Cards.
9. The Child is presumed to be a Kenyan citizen by virtue of Article 14(4) of the Constitution , having been found in Kenya and with her parents unknown at the time of her rescue.
10. In light of the best interests of the Child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010 . Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1 st Schedule of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the Child’s best interests in making decisions touching on him.
a. Article 53 of the Constitution, 2010 states that a Child’s best interests are of paramount importance in every matter concerning the Child.
b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;
(1) In all actions concerning Children, whether undertaken by public of 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 public interest.
(3) In any matters affecting a Child, the Child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the Child’s age and degree of maturity.
c. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:
(1) The age, maturity, stage of development, gender, background and any other relevant characteristics of the Child.
(2) Distinct special needs (if any) arising from chronic ailment or disability.
(3) The relationship of the Child with the Child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the Child’s welfare.
(4) The preference of the Child, if old enough to express a meaningful preference.
(5) The duration and adequacy of the Child’s current living arrangements and the desirability of maintaining continuity.
(6) The stability of any proposed living arrangements for the Child.
(7) The motivation of the parties involved and their capacities to give the Child love, affection and guidance.
(8) The Child’s adjustment to the Child’s present home, school and community.
(9) The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the Child and the other parent and/or guardian(s), including physical access.
(10) The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in Child care.
(11) Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.
(12) The effect of the Child if one parent/guardian has sole authority over the Child’s upbringing.
(13) The existence of domestic abuse between the parents/guardian (s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the Child.
(14) The existence of any history of Child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the Child.
(15) Where the Child is under one year of age, whether the Child is being breast-fed.
(16) The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.
(17) Where there is a person residing with a parent or guardian, whether that person; -
(a) Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.
(b) Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.
(18) Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the Child.
11. The report from the Ministry of Gender, Culture and Children’s Services (Kiambu County), the guardian ad litem , and the proposed legal guardians all indicate that the Child will be well taken care of in the care and custody of the adoptive parents.
12. The Applicants have been found suitable to adopt the child herein; they have demonstrated commitment to the overall well-being, including provision of basic needs and love. I am convinced that this adoption offers the child a significant opportunity for an improved quality of life.
13. In the circumstances, I allow the Originating Summons dated 7 th May, 2026 and make the following orders:
(a) The Applicants, JOO and AWO, are authorized to adopt the Child known as Baby BN.
(b) Upon adoption, the Child shall be known as BNO.
(c) CKS and SWK are appointed as the legal guardians of the Child.
(d) The Registrar of Births and Deaths is directed to issue a birth certificate in the Child’s new name;
(e) The Registrar General is directed to make the relevant entries in the Adopted Children’s Register in respect of the Child.
(f) The guardian ad litem is hereby discharged.
14. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI on this 22 ND day of JULY 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
ADOPTION CAUSE E091 OF 2026 JUDGMENT2