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 Hale 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} in 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 18th December 2025, the applicant seeks an Adoption Order under Section 183, 184, 185, 186, 187, 188, 194, 195 and 201 and 186 of the Children Act, 2022 of the Laws of Kenya, seek that;
a. That the Applicant be authorized to adopt abandoned new born baby V alias K.E. a minor who is to be known as B.J.A and the registrar General to be directed to enter this adoption into the register of adoptions.
b. That Griffith Ombogo and Louise Apondi be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya.
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 applicants are married and Kenyan citizens as evidenced by the copies of the ID Cards and marriage certificate attached to the statement in support of the adoption proceedings.
b. The child herein was abandoned on 7th March 2024 at London Estate near River Bank in Narok and a report was made to the Police Station booked as OB41/07/03/2024. The child was referred to Narok County & Referral Hospital for medical examination and treatment as evidenced by discharge summary and birth notification number attached to this application.
c. The child was presented before the Chief Magistrate Court at Narok and was committed to Olmalaika Trust Children Home.
d. The Police issued two letters in respect to abandonment of the child dated 13th March 2024 and another dated 15th March 2024 indicating they have made efforts to trace the parents of the minor of the abandonment of the child to no avail.
e. The Narok County Children Office has recommended for the adoption of the child for the best interest of the child.
f. Desirous to have a child, the applicants applied to Little Angels Network seeking to adopt a child and after consideration, the application was allowed. Ten idea was communicated to immediate family and there was no objection. The applicants fully understand the responsibility once the adoption order is made.
g. The applicants are business people in Kenya and they are able to cater for the child and besides, they intend to raise the minor child in a Christian environment while ensuring his full spiritual development.
h. The applicants have a good record as evidenced by Police Clearance Certificate annexed and produced as an exhibit. Besides, Little Angels Network did a child’s background environment on 10th July 2025, and it was approved and thereafter, Olmalaika Trust in Narok placed the minor in their custody on the 9th August 2025 for a period of three months with the possibility of adopting him. This is evidenced by a report produced as an exhibit.
i. The child has bonded well and that both the applicant’s family as well as the extended families have accepted the child into their family.
12. Griffith Oduor Ombogo works in USA and said that she is aware of these adoption proceedings. She signed a consent to be appointed as Gurdian ad litem. She understands her legal obligations and in event of incapacitation, she shall take over the child.
13. Luwis Apondi Wendo is a teacher based in USA. She is aware of these proceedings and did sign a consent. The family has accepted the child into their home and understands the role as legal guardian.
14. Liz Mbogo Agala says that she is guardian ad litem. She visited the home of the applicants and noted that the child had adjusted well and reduced the report into writing. The report was positive to adoption and was produced as an exhibit in the matter.
Winfred Ikinya is a Director of Children Services. She visited and interviewed the applicants. She did a report dated 7th April 2026 and her findings were that the home was suitable for the child and recommended for this adoption.
Jamila Wanjiku is attached to Little Angels Network Kenya and vide an application dated 27th March 2024, home assessment was done and a report dated 10th July 2025 was compiled with a finding that the child had blended well with the applicants and so adoption was recommended.
15. 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.
16. What more, shall the court expect.
17. 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 is hereby authorized to adopt abandoned Baby V alias K.E.
b. The minor shall be named Benson Joshua Ateng.
c. The Registrar General is hereby directed to enter this adoption into the Register of Adoptions.
d. That Griffith Ombogo and Louise Apondi are hereby appointed as the Legal Guardians of the minor who shall be presumed to have been born in Kenya.
Delivered virtually on the 16th September, 2026 in the presence of Ms Mbanya 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 Hale 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} in 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 18th December 2025, the applicant seeks an Adoption Order under Section 183, 184, 185, 186, 187, 188, 194, 195 and 201 and 186 of the Children Act, 2022 of the Laws of Kenya, seek that;
a. That the Applicant be authorized to adopt abandoned new born baby V alias K.E. a minor who is to be known as B.J.A and the registrar General to be directed to enter this adoption into the register of adoptions.
b. That Griffith Ombogo and Louise Apondi be appointed as the legal guardians of the minor who shall be presumed to have been born in Kenya.
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 applicants are married and Kenyan citizens as evidenced by the copies of the ID Cards and marriage certificate attached to the statement in support of the adoption proceedings.
b. The child herein was abandoned on 7th March 2024 at London Estate near River Bank in Narok and a report was made to the Police Station booked as OB41/07/03/2024. The child was referred to Narok County & Referral Hospital for medical examination and treatment as evidenced by discharge summary and birth notification number attached to this application.
c. The child was presented before the Chief Magistrate Court at Narok and was committed to Olmalaika Trust Children Home.
d. The Police issued two letters in respect to abandonment of the child dated 13th March 2024 and another dated 15th March 2024 indicating they have made efforts to trace the parents of the minor of the abandonment of the child to no avail.
e. The Narok County Children Office has recommended for the adoption of the child for the best interest of the child.
f. Desirous to have a child, the applicants applied to Little Angels Network seeking to adopt a child and after consideration, the application was allowed. Ten idea was communicated to immediate family and there was no objection. The applicants fully understand the responsibility once the adoption order is made.
g. The applicants are business people in Kenya and they are able to cater for the child and besides, they intend to raise the minor child in a Christian environment while ensuring his full spiritual development.
h. The applicants have a good record as evidenced by Police Clearance Certificate annexed and produced as an exhibit. Besides, Little Angels Network did a child’s background environment on 10th July 2025, and it was approved and thereafter, Olmalaika Trust in Narok placed the minor in their custody on the 9th August 2025 for a period of three months with the possibility of adopting him. This is evidenced by a report produced as an exhibit.
i. The child has bonded well and that both the applicant’s family as well as the extended families have accepted the child into their family.
12. Griffith Oduor Ombogo works in USA and said that she is aware of these adoption proceedings. She signed a consent to be appointed as Gurdian ad litem. She understands her legal obligations and in event of incapacitation, she shall take over the child.
13. Luwis Apondi Wendo is a teacher based in USA. She is aware of these proceedings and did sign a consent. The family has accepted the child into their home and understands the role as legal guardian.
14. Liz Mbogo Agala says that she is guardian ad litem. She visited the home of the applicants and noted that the child had adjusted well and reduced the report into writing. The report was positive to adoption and was produced as an exhibit in the matter.
Winfred Ikinya is a Director of Children Services. She visited and interviewed the applicants. She did a report dated 7th April 2026 and her findings were that the home was suitable for the child and recommended for this adoption.
Jamila Wanjiku is attached to Little Angels Network Kenya and vide an application dated 27th March 2024, home assessment was done and a report dated 10th July 2025 was compiled with a finding that the child had blended well with the applicants and so adoption was recommended.
15. 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.
16. What more, shall the court expect.
17. 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 is hereby authorized to adopt abandoned Baby V alias K.E.
b. The minor shall be named Benson Joshua Ateng.
c. The Registrar General is hereby directed to enter this adoption into the Register of Adoptions.
d. That Griffith Ombogo and Louise Apondi are hereby appointed as the Legal Guardians of the minor who shall be presumed to have been born in Kenya.
Delivered virtually on the 16th September, 2026 in the presence of Ms Mbanya and Sagasi CA.