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Vide Originating Summons, dated 20 th May, 2025 the Applicants herein seek the following orders, THAT :-
Spent
They be authorized to adopt PRINCESS MUTHONI to be known as PRINCESS MUTHONI TRAHAN.
The Registrar of births be authorized to issue the minor with a new Birth Certificate containing the Applicants’ name.
The Director of immigration be authorized to issue the minor with a Kenyan Passport.
CATHERINE RIMANTO PERE be appointed as the legal guardian of the minor in the event of the death or incapacity of the Applicants before the minor is of full age and fully self-reliant.
The Registrar general do make an entry of this adoption in the Adopted Children Register.
The Court be pleased to make any further orders it deems necessary.
This is a joint Application. 1 st Applicant holds dual Kenyan and Canadian Citizenship while the 2 nd Applicant is a Canadian Citizen. Both Applicants reside in Alberta in Canada. They are in gainful employment. Both are registered nurses working at Alberta Health Services, Lethbridge. They are married couple having solemnized their union on 10th August 2019, through a Civil Marriage that was celebrated in Lethbridge as per the annexed copy of marriage certificate serial number LM139174. Subsequently, their union has been blessed with one female child Mary Lou Muthoni Trahan aged 6 years. The Applicants are related with the minor by virtue of the 1st Applicant being the minor’s maternal aunt. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible.
BABY MERCY WANGARI (the child herein) is presumed to have been born on 19 th January, 2022 at Kalimoni Mission Hospital to Judith Nduta and Stanley Maina Mwaura as per annexed birth certificate serial number 1849910. The minor is a sibling of the other children who are being adopted in adoption E 135 of 2025 and E 137 of 2025. The marriage between the minor’s biological parents broke down and whereabouts of his father is unknown. Consequently, the minor’s mother is unable to provide adequate care, support and protection due to financial constraints as well as ongoing health-related challenges. That the Applicants has had parental responsibility over the child since she was very young. The child is 3 years old.
It’s the Applicants approached the Change Trust Adoption Agency together with the minor’s biological mother where she made clear intention of offering the child for adoption and her consent was voluntarily given after counseling. Additional, the Applicants were counseled at length and taken through an explanatory memorandum where they signed the Certificate of Acknowledgement.
Thereafter, Change Trust Adoption Society through their case committee meeting that was held on 31 st January, 2025 approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption.
All the Statutory Reports from the Adoption Society, a report filed on 27th August, 2025 by Winfred Ikinya Assistant Director Children Services as well as a report from Moureen Wangechi Mihingo a Guardian Ad litem dated 22nd July, 2025 been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by her aunt it will be in the best interest of the child. Consequently, the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are financially stable to take good care of the child. They are mentally sound. The Applicants are clear of any criminal claims as evidenced by Lethbridge Police Department thus the Officer recommending the adoption process.
CATHERINE RIMANTO PERE, Proposed Legal Guardian is a Canadian by birth. She asserted that the Applicants are her long term family friends, she consented to be the legal guardian for the minor. She understands the legal implications and she will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities.
The biological mother was in Court. The mother affirmed to surrender her parental rights. Subsequently, the court interviewed the child and consented to the adoption.
DETERMINATION
After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by-
(1) (a) Sole applicant; or
(b) Two spouses jointly.
(2) The court shall not make an adoption order in any case unless-
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
The applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.
(3) The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child.
This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022 . The Court is conscious of the law; Article 53 Constitution of Kenya 2010 , Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child.
It is evident that the Applicants have fulfilled all the legal requirements of a Kinship Adoption as required under Section 193 of the Children’s Act, 2022. 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. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed.
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.”
This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with ORDERS that;
The Applicants, MERCY WANGARI MBURU TRAHAN AND ROBERT JEAN TRAHAN are hereby allowed to adopt PRINCESS MUTHONI.
Henceforth, the child shall be known as PRINCESS MUTHONI TRAHAN .
Her date of birth shall be 2 nd MAY, 2017 at RUIRU, KIAMBU COUNTY.
She is presumed to be a Citizen of Kenya by birth.
CATHERINE RIMANTO PERE is hereby appointed as Legal Guardian of the child.
The Registrar General to enter this order in the Adoption Children Register.
The Registrar General to issue a Birth Certificate in respect of the child.
The Director Immigration is authorised to issue the child with a Kenyan Passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 TH DAY OF NOVEMBER, 2025.
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Vide Originating Summons, dated 20 th May, 2025 the Applicants herein seek the following orders, THAT :-
Spent
They be authorized to adopt PRINCESS MUTHONI to be known as PRINCESS MUTHONI TRAHAN.
The Registrar of births be authorized to issue the minor with a new Birth Certificate containing the Applicants’ name.
The Director of immigration be authorized to issue the minor with a Kenyan Passport.
CATHERINE RIMANTO PERE be appointed as the legal guardian of the minor in the event of the death or incapacity of the Applicants before the minor is of full age and fully self-reliant.
The Registrar general do make an entry of this adoption in the Adopted Children Register.
The Court be pleased to make any further orders it deems necessary.
This is a joint Application. 1 st Applicant holds dual Kenyan and Canadian Citizenship while the 2 nd Applicant is a Canadian Citizen. Both Applicants reside in Alberta in Canada. They are in gainful employment. Both are registered nurses working at Alberta Health Services, Lethbridge. They are married couple having solemnized their union on 10th August 2019, through a Civil Marriage that was celebrated in Lethbridge as per the annexed copy of marriage certificate serial number LM139174. Subsequently, their union has been blessed with one female child Mary Lou Muthoni Trahan aged 6 years. The Applicants are related with the minor by virtue of the 1st Applicant being the minor’s maternal aunt. They both understand the implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible.
BABY MERCY WANGARI (the child herein) is presumed to have been born on 19 th January, 2022 at Kalimoni Mission Hospital to Judith Nduta and Stanley Maina Mwaura as per annexed birth certificate serial number 1849910. The minor is a sibling of the other children who are being adopted in adoption E 135 of 2025 and E 137 of 2025. The marriage between the minor’s biological parents broke down and whereabouts of his father is unknown. Consequently, the minor’s mother is unable to provide adequate care, support and protection due to financial constraints as well as ongoing health-related challenges. That the Applicants has had parental responsibility over the child since she was very young. The child is 3 years old.
It’s the Applicants approached the Change Trust Adoption Agency together with the minor’s biological mother where she made clear intention of offering the child for adoption and her consent was voluntarily given after counseling. Additional, the Applicants were counseled at length and taken through an explanatory memorandum where they signed the Certificate of Acknowledgement.
Thereafter, Change Trust Adoption Society through their case committee meeting that was held on 31 st January, 2025 approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption.
All the Statutory Reports from the Adoption Society, a report filed on 27th August, 2025 by Winfred Ikinya Assistant Director Children Services as well as a report from Moureen Wangechi Mihingo a Guardian Ad litem dated 22nd July, 2025 been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by her aunt it will be in the best interest of the child. Consequently, the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are financially stable to take good care of the child. They are mentally sound. The Applicants are clear of any criminal claims as evidenced by Lethbridge Police Department thus the Officer recommending the adoption process.
CATHERINE RIMANTO PERE, Proposed Legal Guardian is a Canadian by birth. She asserted that the Applicants are her long term family friends, she consented to be the legal guardian for the minor. She understands the legal implications and she will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities.
The biological mother was in Court. The mother affirmed to surrender her parental rights. Subsequently, the court interviewed the child and consented to the adoption.
DETERMINATION
After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by-
(1) (a) Sole applicant; or
(b) Two spouses jointly.
(2) The court shall not make an adoption order in any case unless-
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
The applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.
(3) The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child.
This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022 . The Court is conscious of the law; Article 53 Constitution of Kenya 2010 , Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child.
It is evident that the Applicants have fulfilled all the legal requirements of a Kinship Adoption as required under Section 193 of the Children’s Act, 2022. 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. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed.
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.”
This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with ORDERS that;
The Applicants, MERCY WANGARI MBURU TRAHAN AND ROBERT JEAN TRAHAN are hereby allowed to adopt PRINCESS MUTHONI.
Henceforth, the child shall be known as PRINCESS MUTHONI TRAHAN .
Her date of birth shall be 2 nd MAY, 2017 at RUIRU, KIAMBU COUNTY.
She is presumed to be a Citizen of Kenya by birth.
CATHERINE RIMANTO PERE is hereby appointed as Legal Guardian of the child.
The Registrar General to enter this order in the Adoption Children Register.
The Registrar General to issue a Birth Certificate in respect of the child.
The Director Immigration is authorised to issue the child with a Kenyan Passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 TH DAY OF NOVEMBER, 2025.
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