JUDGMENT
1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 21 st October 2025 and it seeks the following ORDERS;
1. THAT the Applicant, MAGDALENE NDANU NGULI be authorized to adopt the Child identified as BABY NICHOLAS HAIDA.
2. THAT the child be renamed PRINCE MUUO NGULI .
3. THAT the child’s date of birth be declared to be 9 th February 2024 and his place of birth be declared as Kiambu County.
4. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
5. THAT consent of the biological parents/guardians be dispensed with.
6. THAT the guardian ad litem be discharged, and SALOME MWENDE NGULI be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
7. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
8. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicant is a single Kenyan lady residing in Machakos County. She hails from Kola, Makueni County. She is gainfully employed as a business lady in Machakos Town who earns a decent income hence has the means to provide for the child. She has had a custody of the child since 13 th June 2025. The child is 2 years old having been presumably born on 9 th February 2024. She fully understands the implications of an adoption order. She has one adopted child, Jessica Ndunge, adopted in 2023. She has no biological children of her own hence her desire to adopt.
3. BABY NICHOLAS HAIDA is a male Child presumed to have been born on 9 th February, 2024. The child was found abandoned at by a good Samaritan within Railways area of Githurai 45, Kiambu County, by an unknown person on 9 th September 2024, aged approximately Six Months. He was brought to Ruiru Level-4 Hospital and was determined to be generally in good health. The matter was reported at Githurai Kimbo Police Station and recorded vide OB No. 61/06/09/2024. The matter was also referred to the Sub-County Children’s Office, Ruiru. That on 9 th September 2024 the child was placed temporary at Limuru Children’s Centre Baby Home for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Ruiru Vide Care and Protection C&P No. E 017/2024 on 9 th May 2025 . However, Githurai Kimbo Police Station confirmed by their final letter dated 13 th March 2025, that efforts to trace the child’s relatives were fruitless. The Child was freed by the Kenya Children’s Homes Adoption Society on 21 st May 2025 vide their freeing certificate serial No. 1084 pursuant to section 156(1) of the Children’s Act,2001.
4. That the Applicant approached Kenya Children’s Homes Adoption Society on 3 rd May 2021 with the aim of being placed with a child and was successfully processed and allowed by the Court to adopt her first Child Jessica Ndunge in 2023. She later retuned to the said organization and requested to be placed with a male child below two years from any home with a view to adopting in 3 rd April 2025. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement dated 4 th April 2025 was duly signed and thereafter the child was declared free for adoption by the case committee on 21 st May 2025, vide freeing Certificate Serial No. 1084 . The child was placed with the Applicant on 13 th June 2025.
5. The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 30 th March 2026 from Machakos County Coordinator-Children’s Services confirmed that the Child and the Applicant have bonded well, she is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by annexed copy of her certificate of good conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 30 th April 2026, from Guardian Ad litem, also recommends the adoption.
6. Proposed Legal Guardians SALOME MWENDE NGULI the Applicant’s relative consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, she will assume full parental responsibility according to adoption orders.
DETERMINATION
7. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. It is also evident that the Applicant has support from her famiy. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned Six Months after birth and efforts to trace them have yielded no results
1. Article 14 (4) of the Constitution of Kenya 2010 provides that: -
“(4)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.”
2. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicant’s application that;
a. The Applicant, MAGDALENE NDANU NGULI is hereby allowed to adopt BABY NICHOLAS HAIDA, a minor.
b. Henceforth, the child shall be known as PRINCE MUUO NGULI
c. His date of birth shall be 9 th February 2024 .
d. He is presumed to be a citizen of Kenya by birth.
e. SALOME MWENDE NGULI is hereby appointed as legal guardians of the child
f. The REGISTRAR GENERAL to enter this order in the Adoption Children’s Register.
g. The REGISTRAR GENERAL is authorised to issue the child with Birth Certificate.
h. The DIRECTOR - IMMIGRATION SERVICES is authorised to issue the child with a Kenyan Passport when necessary.
i. The guardian ad litem is hereby discharged forthwith.
It is so ordered.
DATED SIGNED and DELIVERED at MACHAKOS this 12 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. Ms. Mbuvi For the Applicant
2. Abdisalan-Court Assistant
1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 21 st October 2025 and it seeks the following ORDERS;
1. THAT the Applicant, MAGDALENE NDANU NGULI be authorized to adopt the Child identified as BABY NICHOLAS HAIDA.
2. THAT the child be renamed PRINCE MUUO NGULI .
3. THAT the child’s date of birth be declared to be 9 th February 2024 and his place of birth be declared as Kiambu County.
4. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
5. THAT consent of the biological parents/guardians be dispensed with.
6. THAT the guardian ad litem be discharged, and SALOME MWENDE NGULI be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
7. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
8. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicant is a single Kenyan lady residing in Machakos County. She hails from Kola, Makueni County. She is gainfully employed as a business lady in Machakos Town who earns a decent income hence has the means to provide for the child. She has had a custody of the child since 13 th June 2025. The child is 2 years old having been presumably born on 9 th February 2024. She fully understands the implications of an adoption order. She has one adopted child, Jessica Ndunge, adopted in 2023. She has no biological children of her own hence her desire to adopt.
3. BABY NICHOLAS HAIDA is a male Child presumed to have been born on 9 th February, 2024. The child was found abandoned at by a good Samaritan within Railways area of Githurai 45, Kiambu County, by an unknown person on 9 th September 2024, aged approximately Six Months. He was brought to Ruiru Level-4 Hospital and was determined to be generally in good health. The matter was reported at Githurai Kimbo Police Station and recorded vide OB No. 61/06/09/2024. The matter was also referred to the Sub-County Children’s Office, Ruiru. That on 9 th September 2024 the child was placed temporary at Limuru Children’s Centre Baby Home for care and protection. Subsequently, the child was committed to the same facility through the Children’s Courts in Ruiru Vide Care and Protection C&P No. E 017/2024 on 9 th May 2025 . However, Githurai Kimbo Police Station confirmed by their final letter dated 13 th March 2025, that efforts to trace the child’s relatives were fruitless. The Child was freed by the Kenya Children’s Homes Adoption Society on 21 st May 2025 vide their freeing certificate serial No. 1084 pursuant to section 156(1) of the Children’s Act,2001.
4. That the Applicant approached Kenya Children’s Homes Adoption Society on 3 rd May 2021 with the aim of being placed with a child and was successfully processed and allowed by the Court to adopt her first Child Jessica Ndunge in 2023. She later retuned to the said organization and requested to be placed with a male child below two years from any home with a view to adopting in 3 rd April 2025. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement dated 4 th April 2025 was duly signed and thereafter the child was declared free for adoption by the case committee on 21 st May 2025, vide freeing Certificate Serial No. 1084 . The child was placed with the Applicant on 13 th June 2025.
5. The Reports filed in respect of the proposed adoption of the child by the Applicant recommends that this Court allows the Applicant to adopt the child. A report dated 30 th March 2026 from Machakos County Coordinator-Children’s Services confirmed that the Child and the Applicant have bonded well, she is socially and financially capable of raising the Child. It also confirmed that the Applicant had a clean bill of health and that she had no criminal record as evidenced by annexed copy of her certificate of good conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 30 th April 2026, from Guardian Ad litem, also recommends the adoption.
6. Proposed Legal Guardians SALOME MWENDE NGULI the Applicant’s relative consented to be appointed the Legal Guardians of the Child; in the event the Applicant is unable to discharge her responsibilities, she will assume full parental responsibility according to adoption orders.
DETERMINATION
7. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a local adoption as required under Section 184 of the Children’s Act, 2022. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant. It is also evident that the Applicant has support from her famiy. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned Six Months after birth and efforts to trace them have yielded no results
1. Article 14 (4) of the Constitution of Kenya 2010 provides that: -
“(4)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.”
2. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicant’s application that;
a. The Applicant, MAGDALENE NDANU NGULI is hereby allowed to adopt BABY NICHOLAS HAIDA, a minor.
b. Henceforth, the child shall be known as PRINCE MUUO NGULI
c. His date of birth shall be 9 th February 2024 .
d. He is presumed to be a citizen of Kenya by birth.
e. SALOME MWENDE NGULI is hereby appointed as legal guardians of the child
f. The REGISTRAR GENERAL to enter this order in the Adoption Children’s Register.
g. The REGISTRAR GENERAL is authorised to issue the child with Birth Certificate.
h. The DIRECTOR - IMMIGRATION SERVICES is authorised to issue the child with a Kenyan Passport when necessary.
i. The guardian ad litem is hereby discharged forthwith.
It is so ordered.
DATED SIGNED and DELIVERED at MACHAKOS this 12 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. Ms. Mbuvi For the Applicant
2. Abdisalan-Court Assistant