1. The duty of a court, among other stakeholders in matters of children, need not be gainsaid and many, are the decisions which have distilled the principle of best interest of children. Whereas I may not be able to enlist them exhaustively here, it is apt to set out some local and persuasive decisions which will be a guide even as I dive into the factual matrix of this 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 Hal e 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} i n 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. Section 185 and Section 186 of the Children Act, 2022 set out the criteria of the children eligible to be adopted and the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty-one years old than the child but has not attained the age of sixty- five years or is a relative of the child or is the mother of the child. Notwithstanding anything contained in this section the Court may at its sole discretion decline to make an adoption order in favour of any person or persons if the Court is of the view that it is not in the best interest of the child to make the order.
10. In the Originating Summons dated 19th December 2025, the applicant seeks an Adoption Order under Article 14(4) and 53 of the Constitution of Kenya 2010, Section 8, 170, 173, 183(1), 185 and 186 of the Children Act, 2022 Section 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya, seek that;
a. That the Applicant Lilian Nyagaki Maina be authorized to adopt the child currently identified and known as Baby C.M. alias R.A. alias Baby E.
b. That the child be presumed to be a Kenyan citizen and as a consequence be entitled to the rights and benefits of a Kenyan citizen including being issued with a Kenyan Passport whenever desired.
c. That the child be renamed Ninah Njoki Maina.
d. That the Registrar General make appropriate entries in the Adopted Children Register.
e. That the director general of Civil Registration services does issue a birth Certificate for the Child renamed as Ninah Njoki Maina.
11. The applicant has set out the grounds in the statement in support of the application for Adoption Order which I summarize as hereunder;
a. The applicant is aged 53 years and a Kenyan citizen as evidence by a copy of the national identity card.
b. Then applicant is an Advocate and a business lady earning a monthly income of Kshs70,000/ besides an income from rental houses amounting to a sum between Kshs50,000/ to Kshs80,000/ as evidenced by a bank statement, therefore financially capable to adopt the child.
c. The applicant does not suffer from any ailment besides, she has never committed any crime as evidenced by the Police Clearance Certificate as evidence by a medical report and police certificate attached to the statement herein.
d. The applicant has a positive recommendation from Samuel M. Muhochi of ID 11555865 and Ruth Wanjiru Mbogo of ID 9136304
e. The applicant states that the child herein was abandoned by its mother at Mbagathi Hospital as per the Police Report dated18th May, 2023 and a report was booked vide OB No.11/16/03/2023 and the child was committed to Nairobi Rescue Centre for three months. The child was later transferred to Nest Children Home, Runda and come on 14th March, 2024 Kenya Police did a final letter to confirm that no one had claimed for the child’s custody.
f. The child has been cleared by Adoption Society- Little Angels Network pursuant to necessary investigations and the Society has no objection to this application.
g. Joyce Wairimu Thaara has consented to act and be the legal guardian of the child in event it becomes impossible for the applicant to discharge her parental obligations. Additionally, Catherine Lorna Wangare Maina has signed a letter of consent dated 13th June 2021 agreeing to act as guardian of the children in event anything happens to her.
12. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
13. What more, shall the court expect.
14. 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 19th December 2025, and order as follows:
a. The Applicant Lilian Nyagaki Maina is hereby authorized to adopt the child currently identified and known as Baby C.M. alias R.A. alias Baby E.
b. That the child is hereby presumed to be a Kenyan citizen and as a consequence, entitled to the rights and benefits of a Kenyan citizen including being issued with a Kenyan Passport, whenever desired.
c. That the child is hereby renamed Ninah Njoki Maina.
d. That the Registrar General is hereby directed to make appropriate entries in the Adopted Children Register.
e. The Director General of Civil Registration Services is hereby directed to issue a Birth Certificate for the Child renamed as Ninah Njoki Maina.
f. Joyce Wairimu Thaara is hereby appointed to act and be the legal guardian of the child in event, it becomes impossible for the applicant herein to discharge her parental obligations.
Delivered virtually on the 16th September, 2026 in the presence of Mr Khatete and Sagasi CA.
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 Hal e 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} i n 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. Section 185 and Section 186 of the Children Act, 2022 set out the criteria of the children eligible to be adopted and the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty-one years old than the child but has not attained the age of sixty- five years or is a relative of the child or is the mother of the child. Notwithstanding anything contained in this section the Court may at its sole discretion decline to make an adoption order in favour of any person or persons if the Court is of the view that it is not in the best interest of the child to make the order.
10. In the Originating Summons dated 19th December 2025, the applicant seeks an Adoption Order under Article 14(4) and 53 of the Constitution of Kenya 2010, Section 8, 170, 173, 183(1), 185 and 186 of the Children Act, 2022 Section 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya, seek that;
a. That the Applicant Lilian Nyagaki Maina be authorized to adopt the child currently identified and known as Baby C.M. alias R.A. alias Baby E.
b. That the child be presumed to be a Kenyan citizen and as a consequence be entitled to the rights and benefits of a Kenyan citizen including being issued with a Kenyan Passport whenever desired.
c. That the child be renamed Ninah Njoki Maina.
d. That the Registrar General make appropriate entries in the Adopted Children Register.
e. That the director general of Civil Registration services does issue a birth Certificate for the Child renamed as Ninah Njoki Maina.
11. The applicant has set out the grounds in the statement in support of the application for Adoption Order which I summarize as hereunder;
a. The applicant is aged 53 years and a Kenyan citizen as evidence by a copy of the national identity card.
b. Then applicant is an Advocate and a business lady earning a monthly income of Kshs70,000/ besides an income from rental houses amounting to a sum between Kshs50,000/ to Kshs80,000/ as evidenced by a bank statement, therefore financially capable to adopt the child.
c. The applicant does not suffer from any ailment besides, she has never committed any crime as evidenced by the Police Clearance Certificate as evidence by a medical report and police certificate attached to the statement herein.
d. The applicant has a positive recommendation from Samuel M. Muhochi of ID 11555865 and Ruth Wanjiru Mbogo of ID 9136304
e. The applicant states that the child herein was abandoned by its mother at Mbagathi Hospital as per the Police Report dated18th May, 2023 and a report was booked vide OB No.11/16/03/2023 and the child was committed to Nairobi Rescue Centre for three months. The child was later transferred to Nest Children Home, Runda and come on 14th March, 2024 Kenya Police did a final letter to confirm that no one had claimed for the child’s custody.
f. The child has been cleared by Adoption Society- Little Angels Network pursuant to necessary investigations and the Society has no objection to this application.
g. Joyce Wairimu Thaara has consented to act and be the legal guardian of the child in event it becomes impossible for the applicant to discharge her parental obligations. Additionally, Catherine Lorna Wangare Maina has signed a letter of consent dated 13th June 2021 agreeing to act as guardian of the children in event anything happens to her.
12. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
13. What more, shall the court expect.
14. 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 19th December 2025, and order as follows:
a. The Applicant Lilian Nyagaki Maina is hereby authorized to adopt the child currently identified and known as Baby C.M. alias R.A. alias Baby E.
b. That the child is hereby presumed to be a Kenyan citizen and as a consequence, entitled to the rights and benefits of a Kenyan citizen including being issued with a Kenyan Passport, whenever desired.
c. That the child is hereby renamed Ninah Njoki Maina.
d. That the Registrar General is hereby directed to make appropriate entries in the Adopted Children Register.
e. The Director General of Civil Registration Services is hereby directed to issue a Birth Certificate for the Child renamed as Ninah Njoki Maina.
f. Joyce Wairimu Thaara is hereby appointed to act and be the legal guardian of the child in event, it becomes impossible for the applicant herein to discharge her parental obligations.
Delivered virtually on the 16th September, 2026 in the presence of Mr Khatete and Sagasi CA.