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1. The applicant moved court by way of an originating summon application dated 13th February 2025 seeking the following orders
a. That the applicants be authorized to adopt the child Baby Jescah
b. That upon the making of the adoption orders the said child be known as Natalie Shalom Kitheka
c. That the Registrar General do make the appropriate entry of Natalie Shalom Kitheka in the Adopted Children’s Register.
d. That the child Natalie Shalom Kitheka be presumed to be a Kenyan citizen born in Kenya and that the Director of Immigration Services do issue Natalie Shalom Kitheka with a Kenyan passport.
e. That William Ngotho Ndolo be appointed legal guardian of the child Natalie Shalom Kitheka.
2. The application is supported by the statement in support of an application jointly sworn by 1st and 2nd applicants Nzomo Isaac Kitheka and Bibiana Wayua Muthui respectively, dated 13th February 2025 in which they stated that they are both 49 years old and married to each other under the Kamba customary law. They got married in the year 2000 and having been residing in Mlolongo together as husband and wife. They have no biological child. The 1st applicant is a driver while the 2nd applicant is a business woman all.
3. During hearing the 2nd applicant stated that she is a business woman and wife to the 1st applicant. She urged the court to allow her adopt the minor to give her the opportunity to experience parenting. She also stated that she loved the minor and she has been living with her and providing and caring for her since the year 2021.
4. The 1st applicant stated that the 2nd applicant is his wife. He urged the court to grant them the baby legally. He expressed his commitment to take her up and raise her as his daughter. Further, that they had lived together since 2021 and had been taking care of her.
5. Boniface Kitaka the guardian ad litem sought to rely on his report dated 11/6/2025. In his report he outlined the background of the child and the history of the applicants. He stated that the applicants have demonstrated great parental love and excellent parenting skills, that the minor is at the center of their lives. That the environment she is being raised is conducive and the applicants are committed and have the means to raise the minor.
6. The applicants proposed to have William Ngotho Ndolo appointed as the legal guardian in the event they are incapacitated or in any way become unable to discharge parental obligation before the child is of the age of majority. The proposed legal guardian testified and confirmed to court that he is aware of his obligation as a legal guardian and is ready and willing to take them up. That he has not been forced into accepting the responsibility.
7. The child is of female sex presumably born on 22/4/2018. She was abandoned at the home of Josephine Kanini Ngugi by the mother who claimed to have gone to the toilet but did not come back. The matter was reported at Maragua police station vide OB No.12/13/4/2019. The child was rescued and placed at CWSK Muranga temporary place of safety as a child in need of care and protection on 7/8/2019 vide P&C Case No. 56 of 2019 at Kigumo court.
8. In accordance with Section 156(1) of the Children Act the child welfare of Kenya a registered Adoption Agency declared the child free for adoption and issued a certificate No. 1166 dated 17/9/2021 declaring the child free for adoption. The certificate was submitted in court by the officer of the Society together with a report dated 18/6/2025 verifying that the applicant was taken through an interview home assessment and pre-placement counselling and found fit to adopt the minor. The report also stated that the legal requirements for adoption have been fully met and the adoption would be in the child’s best interest. The officer also confirmed that the child was placed in the applicants care and they had the custody to the child since 24/9/2021. The child’s current name is Natalie Shalom Kitheka.
9. The Children Department through the children officer Athi-river also testified and informed court that she visited the applicants at Mlolongo phase 3 where she observed that the applicants and the minor had a strong bond. The minor is of good health and well taken care of by the applicants/the potential parents. She is morally and emotionally stable. She supported the grant of the adoptive orders as it will present the minor an opportunity to grow up in a family set up as opposed to an institution. She reported that she had prepared a report dated 18th June 2015 recommending that the applicants be allowed to adopt the minor since she is an abandoned child who has been declared free for adoption by a registered adoption agency.
10. I have considered the summons, the affidavit in support together with annexures, the reports filed as well as the evidence adduced in court to determine if the applicants are suitable adoptive parents.
11. Section 181 (1) of the Children’s Act, 2022 provide that-“Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was or was not born in Kenya.”
12. The applicants are Kenyan citizen and the child is above six (6) weeks and below 18 years which is the requisite age bracket for a child to qualify for adoption (see Section 184 (1) of the Children’s Act).
13. The applicants have been assessed and evaluated by various stakeholders and found suitable to adopt having met all the prerequisite for adoption. This include, that they are financially stable, physically, mentally, morally, socially and emotionally fit. They have no criminal record and understands and appreciate the consequences of adoption. The bonding process was confirmed to have taken on well. The Children Services office in their report dated 9th June 2025 recommended that the applicants be allowed to adopt the minor. This position was also reiterated by the officer from the Kenya Children’s Home Adoption Society through their report dated 18th June, 2025 as well as the guardian ad litem report stating that the adoptive parents are happy to be parents and are capable of raising the child.
14. In the circumstances, I do find that the applicants have met the necessary legal requirements and they are fit to adopt the baby.
15. The Applicants proposed William Ngotho Ndolo as the legal guardian for the child. They signed a consent dated 13th February 2025. The proposed legal guardian also testified and informed court that he is aware of the roles and obligations that come with appointment of a legal guardian and that he is willingly to take up the responsibilities if the need arises.
16. Article 14 (4) of The Constitution provides as follows:
A child found in Kenya who is, or appears to be, less than 8 years of age, and whose nationality and parents are not know, is presumes to be a citizen by birth.
17. The child was found abandoned within the Republic of Kenya one year after she was born. I, therefore, declare that the child is a citizen of Kenya by birth.
18. From the records and evidence presented before this court all efforts by the police to trace the child’s parents/relatives have borne no fruit. and no one had come forth to claim the baby. Therefore, there exists no known person from whom consent for this adoption can be sought and/or obtained. I, therefore, waive this requirement in line with section 185 (4)(b) of the Children Act.
19. The main factor for consideration before making any decision affecting affairs of a child is the child’s best interest. This principle is articulated covered under Article 53(2) of the Constitution and Section 4(2) and (b) of the Children’s Act. Article 53(2) provides: A child’s best interests are of paramount importance in every matter concerning the child.
20. In accordance with Section 8 of the Children Act, the court is required to take into account the best interests of the child in all matters concerning their welfare. In this case, the child was abandoned just a year after birth and subsequently faced an uncertain and potentially unstable future in a children’s home or similar care institutions. The proposed adoption presents a significant opportunity for the child to grow up in a stable loving and supportive family environment. This is not only beneficial for the child’s emotional and psychological development but also in line with the recommendation made by the Children Officer who emphasized the importance of such an environment for the child’s well-being.
21. I have carefully considered the Reports submitted by the Adoption Agency, the Guardian ad Litem, the Director of Children''s Services. All these reports were positive and recommended the adoption. Additionally, I had the opportunity to personally observe the child in the presences of the applicants. The child looked happy and easily interacted with the applicants, it was evident that they have a relation. It is my view therefore that the applicants are capable of nurturing and providing a home where the child’s needs will be well met.
22. The upshot of the above is that the Originating Summon dated 13th February 2025 is hereby allowed in the following terms;
(i) That the Applicants Nzomo Isaac Kitheka and Bibiana Wayua Muthui are allowed to adopt the child currently identified as Baby Jescah;
(ii) Upon adoption, the child shall be renamed as Natalie Shalom Kitheka;
(iii) The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws;
(iv) William Ngotho Ndolo is appointed as Legal Guardian of the child,
(v) The Guardian ad Litem is hereby discharged;
(vi) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;
Dated, signed and delivered at Machakos this 9th day of October, 2025
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1. The applicant moved court by way of an originating summon application dated 13th February 2025 seeking the following orders
a. That the applicants be authorized to adopt the child Baby Jescah
b. That upon the making of the adoption orders the said child be known as Natalie Shalom Kitheka
c. That the Registrar General do make the appropriate entry of Natalie Shalom Kitheka in the Adopted Children’s Register.
d. That the child Natalie Shalom Kitheka be presumed to be a Kenyan citizen born in Kenya and that the Director of Immigration Services do issue Natalie Shalom Kitheka with a Kenyan passport.
e. That William Ngotho Ndolo be appointed legal guardian of the child Natalie Shalom Kitheka.
2. The application is supported by the statement in support of an application jointly sworn by 1st and 2nd applicants Nzomo Isaac Kitheka and Bibiana Wayua Muthui respectively, dated 13th February 2025 in which they stated that they are both 49 years old and married to each other under the Kamba customary law. They got married in the year 2000 and having been residing in Mlolongo together as husband and wife. They have no biological child. The 1st applicant is a driver while the 2nd applicant is a business woman all.
3. During hearing the 2nd applicant stated that she is a business woman and wife to the 1st applicant. She urged the court to allow her adopt the minor to give her the opportunity to experience parenting. She also stated that she loved the minor and she has been living with her and providing and caring for her since the year 2021.
4. The 1st applicant stated that the 2nd applicant is his wife. He urged the court to grant them the baby legally. He expressed his commitment to take her up and raise her as his daughter. Further, that they had lived together since 2021 and had been taking care of her.
5. Boniface Kitaka the guardian ad litem sought to rely on his report dated 11/6/2025. In his report he outlined the background of the child and the history of the applicants. He stated that the applicants have demonstrated great parental love and excellent parenting skills, that the minor is at the center of their lives. That the environment she is being raised is conducive and the applicants are committed and have the means to raise the minor.
6. The applicants proposed to have William Ngotho Ndolo appointed as the legal guardian in the event they are incapacitated or in any way become unable to discharge parental obligation before the child is of the age of majority. The proposed legal guardian testified and confirmed to court that he is aware of his obligation as a legal guardian and is ready and willing to take them up. That he has not been forced into accepting the responsibility.
7. The child is of female sex presumably born on 22/4/2018. She was abandoned at the home of Josephine Kanini Ngugi by the mother who claimed to have gone to the toilet but did not come back. The matter was reported at Maragua police station vide OB No.12/13/4/2019. The child was rescued and placed at CWSK Muranga temporary place of safety as a child in need of care and protection on 7/8/2019 vide P&C Case No. 56 of 2019 at Kigumo court.
8. In accordance with Section 156(1) of the Children Act the child welfare of Kenya a registered Adoption Agency declared the child free for adoption and issued a certificate No. 1166 dated 17/9/2021 declaring the child free for adoption. The certificate was submitted in court by the officer of the Society together with a report dated 18/6/2025 verifying that the applicant was taken through an interview home assessment and pre-placement counselling and found fit to adopt the minor. The report also stated that the legal requirements for adoption have been fully met and the adoption would be in the child’s best interest. The officer also confirmed that the child was placed in the applicants care and they had the custody to the child since 24/9/2021. The child’s current name is Natalie Shalom Kitheka.
9. The Children Department through the children officer Athi-river also testified and informed court that she visited the applicants at Mlolongo phase 3 where she observed that the applicants and the minor had a strong bond. The minor is of good health and well taken care of by the applicants/the potential parents. She is morally and emotionally stable. She supported the grant of the adoptive orders as it will present the minor an opportunity to grow up in a family set up as opposed to an institution. She reported that she had prepared a report dated 18th June 2015 recommending that the applicants be allowed to adopt the minor since she is an abandoned child who has been declared free for adoption by a registered adoption agency.
10. I have considered the summons, the affidavit in support together with annexures, the reports filed as well as the evidence adduced in court to determine if the applicants are suitable adoptive parents.
11. Section 181 (1) of the Children’s Act, 2022 provide that-“Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was or was not born in Kenya.”
12. The applicants are Kenyan citizen and the child is above six (6) weeks and below 18 years which is the requisite age bracket for a child to qualify for adoption (see Section 184 (1) of the Children’s Act).
13. The applicants have been assessed and evaluated by various stakeholders and found suitable to adopt having met all the prerequisite for adoption. This include, that they are financially stable, physically, mentally, morally, socially and emotionally fit. They have no criminal record and understands and appreciate the consequences of adoption. The bonding process was confirmed to have taken on well. The Children Services office in their report dated 9th June 2025 recommended that the applicants be allowed to adopt the minor. This position was also reiterated by the officer from the Kenya Children’s Home Adoption Society through their report dated 18th June, 2025 as well as the guardian ad litem report stating that the adoptive parents are happy to be parents and are capable of raising the child.
14. In the circumstances, I do find that the applicants have met the necessary legal requirements and they are fit to adopt the baby.
15. The Applicants proposed William Ngotho Ndolo as the legal guardian for the child. They signed a consent dated 13th February 2025. The proposed legal guardian also testified and informed court that he is aware of the roles and obligations that come with appointment of a legal guardian and that he is willingly to take up the responsibilities if the need arises.
16. Article 14 (4) of The Constitution provides as follows:
A child found in Kenya who is, or appears to be, less than 8 years of age, and whose nationality and parents are not know, is presumes to be a citizen by birth.
17. The child was found abandoned within the Republic of Kenya one year after she was born. I, therefore, declare that the child is a citizen of Kenya by birth.
18. From the records and evidence presented before this court all efforts by the police to trace the child’s parents/relatives have borne no fruit. and no one had come forth to claim the baby. Therefore, there exists no known person from whom consent for this adoption can be sought and/or obtained. I, therefore, waive this requirement in line with section 185 (4)(b) of the Children Act.
19. The main factor for consideration before making any decision affecting affairs of a child is the child’s best interest. This principle is articulated covered under Article 53(2) of the Constitution and Section 4(2) and (b) of the Children’s Act. Article 53(2) provides: A child’s best interests are of paramount importance in every matter concerning the child.
20. In accordance with Section 8 of the Children Act, the court is required to take into account the best interests of the child in all matters concerning their welfare. In this case, the child was abandoned just a year after birth and subsequently faced an uncertain and potentially unstable future in a children’s home or similar care institutions. The proposed adoption presents a significant opportunity for the child to grow up in a stable loving and supportive family environment. This is not only beneficial for the child’s emotional and psychological development but also in line with the recommendation made by the Children Officer who emphasized the importance of such an environment for the child’s well-being.
21. I have carefully considered the Reports submitted by the Adoption Agency, the Guardian ad Litem, the Director of Children''s Services. All these reports were positive and recommended the adoption. Additionally, I had the opportunity to personally observe the child in the presences of the applicants. The child looked happy and easily interacted with the applicants, it was evident that they have a relation. It is my view therefore that the applicants are capable of nurturing and providing a home where the child’s needs will be well met.
22. The upshot of the above is that the Originating Summon dated 13th February 2025 is hereby allowed in the following terms;
(i) That the Applicants Nzomo Isaac Kitheka and Bibiana Wayua Muthui are allowed to adopt the child currently identified as Baby Jescah;
(ii) Upon adoption, the child shall be renamed as Natalie Shalom Kitheka;
(iii) The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws;
(iv) William Ngotho Ndolo is appointed as Legal Guardian of the child,
(v) The Guardian ad Litem is hereby discharged;
(vi) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;
Dated, signed and delivered at Machakos this 9th day of October, 2025
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