In the Matter of Adoption of A.Z.
And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Norah Ngina Tathuku
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the 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. In the Originating Summons dated 24 th November, 2025, the applicant seeks an Adoption Order under section 183, 184, 186, 194, 200 and 201 of the Children Act, 2022 seek that;
a. That the Applicants be authorized to adopt Baby A.Z. and that the said child be known as A.Z.N.
b. That the Registrar General makes the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a birth certificate with the new name.
d. That the minor be presumed to be a Kenyan Citizen born in Kenya.
10. The applicant Norah Ngina Kathuku told court that she is a single and would like to adopt a child. Consequently, she applied to Buckner Kenya Adoption Services and she was informed that the baby was born prematurely at Ruiru Level 4 Hospital and later referred to Thika Level 5 for further management. Attempts to reach child’s parents was unsuccessful. The matter was reported to Thika Police Station and a committal order was made by Ruiru Law Courts to Newlife Children Home for one year.
11. In September, 2025, the child was placed in her care and they have bonded well with the nuclear and extended family who have accepted the child in their home. She has been explained all that it takes to adopt a child and has no issues with the adoption of the child.
12. Everlyine Nduku Kathuku told court that she lives at Utawala and she is a chef. The applicant Norah Ngina Kathuku is her biological sister and she understands her role as legal guardian.
13. Winfred Ikinya I/D Number 21829255 told court that he is Assistant Director stationed at Nyayo House Children Office and our Children’s Report dated 22 nd April 2026 authored by his colleague is attached to the pleadings. His colleague interviewed the applicant and assessed the environment. The applicant and the child have bonded well and she was convinced that adoption, can be given to the applicant.
14. Alexander Malala I/D Number 24740765 said that he is a representative of Buckner Kenya Adoption Services and confirmed that they vetted the applicant and she was approved. The subject was declared fit for adoption and later the applicant was given the minor and the child has bonded well with the applicant and the entire family. The witness said that they have attached a report dated 14 th January, 2026 and there is also a certificate of fitness. They recommend the child to be adopted as it is in the interest of the child.
15. Lilian Wanjiku told court that she works with an NGO as a manager and that she wrote a report dated 12 th June, 2026 and it recommends the adoption of the baby in this case and she no reservation in respect to this report.
Analysis and Determination:
The subject:
16. The baby was prematurely born at Ruiru Level 4 Hospital and transferred to Thika Level 5 Hospital for management. A report was made to Thika Police Station in a bid to trace the parents in vain. Thereafter the child was committed to Newlife Children Home by Ruiru Law Courts for one year. Come 12 th September 2025, the child was placed in the care of the Applicant.
National Identity Cards
17. The adoptive parent has exhibited her national ID card No.***892 that she was born on 09 th December, 1985. Accordingly, on account of age, the applicant is qualified to adopt a child.
Financial capability:
18. The applicant says that she is an Operation Manager at Tony & Blair Institute and thus financially stable to provide and care for the minor without any strain. Attached to the application is a bank statement for her financial suitability. Additionally, the applicant states that since she was given custody of the minor, she has been meeting the needs of the minor as she is a stable financial position to do so.
Committed Christian:
19. Under paragraph 17 of the supporting affidavit, the applicant states that she is a committed Christian at CITAM Parklands and she intends to raise the baby in a Christian environment to ensure her full development. Attached to the application is a letter from CITAM Parklands which read in part “with complete confidence and good faith, I write to confirm that the person seeking to adopt a child through your agency is a registered member of CITAM Parklands Assembly member. Norah has been a dedicated and active church community member…”
Buckner Kenya Adoption Services.
20. Additionally, there is an elaborate report from Buckner Kenya Adoption Services which covered a wide area of aspects of the applicant. Additionally, the applicant is of good health as exhibited by the medical records besides, a certificate of good conduct from the police. In their case committee sitting on 2 nd May, 2025, it is recommended “we are confident the applicant will be a loving parent to a child and will provide him or her with love and all the basic needs we therefore commend that the applicant is fit to adopt a child… of her preferred age and sex.”
Legal Guardians:
21. Everlyine Nduku Kathuku has consented to being legal Guardians of the child as per the consent dated 24 th November 2025. She is willing to be the legal guardian in event the applicant who is her sister is unable to take care of the child before she attains the age of Majority.
Children’s Report:
22. More importantly, is the children report dated 22 nd April, 2026 which is so detailed and, in the end, it is recorded “However, the certificate of good conduct referenced above has expired. The applicant has stated that she is applying for another The State Department for Children Services has a reservation to recommending the adoption for this reason. However, should the applicant be able to to provide the court with a valid certificate of good conduct, we would withdraw our reservation and recommend that the applicant Norah Ngina Kathuku be allowed to adopt Baby A.Z.N..”
23. 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.
24. Consequently, I issue the following orders;
a. That the Applicants are hereby authorized to adopt Baby A.Z. who shall be known as A.Z.N.
b. That the Registrar General to make the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a birth certificate with the new name.
d. That the minor be presumed to be a Kenyan Citizen born in Kenya.
Delivered on 9 th July, 2026 virtually in the presence of parties and Christine-CA.
Hon. R.K. Ondieki,
Judge.
1 | Page
And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Norah Ngina Tathuku
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the 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. In the Originating Summons dated 24 th November, 2025, the applicant seeks an Adoption Order under section 183, 184, 186, 194, 200 and 201 of the Children Act, 2022 seek that;
a. That the Applicants be authorized to adopt Baby A.Z. and that the said child be known as A.Z.N.
b. That the Registrar General makes the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a birth certificate with the new name.
d. That the minor be presumed to be a Kenyan Citizen born in Kenya.
10. The applicant Norah Ngina Kathuku told court that she is a single and would like to adopt a child. Consequently, she applied to Buckner Kenya Adoption Services and she was informed that the baby was born prematurely at Ruiru Level 4 Hospital and later referred to Thika Level 5 for further management. Attempts to reach child’s parents was unsuccessful. The matter was reported to Thika Police Station and a committal order was made by Ruiru Law Courts to Newlife Children Home for one year.
11. In September, 2025, the child was placed in her care and they have bonded well with the nuclear and extended family who have accepted the child in their home. She has been explained all that it takes to adopt a child and has no issues with the adoption of the child.
12. Everlyine Nduku Kathuku told court that she lives at Utawala and she is a chef. The applicant Norah Ngina Kathuku is her biological sister and she understands her role as legal guardian.
13. Winfred Ikinya I/D Number 21829255 told court that he is Assistant Director stationed at Nyayo House Children Office and our Children’s Report dated 22 nd April 2026 authored by his colleague is attached to the pleadings. His colleague interviewed the applicant and assessed the environment. The applicant and the child have bonded well and she was convinced that adoption, can be given to the applicant.
14. Alexander Malala I/D Number 24740765 said that he is a representative of Buckner Kenya Adoption Services and confirmed that they vetted the applicant and she was approved. The subject was declared fit for adoption and later the applicant was given the minor and the child has bonded well with the applicant and the entire family. The witness said that they have attached a report dated 14 th January, 2026 and there is also a certificate of fitness. They recommend the child to be adopted as it is in the interest of the child.
15. Lilian Wanjiku told court that she works with an NGO as a manager and that she wrote a report dated 12 th June, 2026 and it recommends the adoption of the baby in this case and she no reservation in respect to this report.
Analysis and Determination:
The subject:
16. The baby was prematurely born at Ruiru Level 4 Hospital and transferred to Thika Level 5 Hospital for management. A report was made to Thika Police Station in a bid to trace the parents in vain. Thereafter the child was committed to Newlife Children Home by Ruiru Law Courts for one year. Come 12 th September 2025, the child was placed in the care of the Applicant.
National Identity Cards
17. The adoptive parent has exhibited her national ID card No.***892 that she was born on 09 th December, 1985. Accordingly, on account of age, the applicant is qualified to adopt a child.
Financial capability:
18. The applicant says that she is an Operation Manager at Tony & Blair Institute and thus financially stable to provide and care for the minor without any strain. Attached to the application is a bank statement for her financial suitability. Additionally, the applicant states that since she was given custody of the minor, she has been meeting the needs of the minor as she is a stable financial position to do so.
Committed Christian:
19. Under paragraph 17 of the supporting affidavit, the applicant states that she is a committed Christian at CITAM Parklands and she intends to raise the baby in a Christian environment to ensure her full development. Attached to the application is a letter from CITAM Parklands which read in part “with complete confidence and good faith, I write to confirm that the person seeking to adopt a child through your agency is a registered member of CITAM Parklands Assembly member. Norah has been a dedicated and active church community member…”
Buckner Kenya Adoption Services.
20. Additionally, there is an elaborate report from Buckner Kenya Adoption Services which covered a wide area of aspects of the applicant. Additionally, the applicant is of good health as exhibited by the medical records besides, a certificate of good conduct from the police. In their case committee sitting on 2 nd May, 2025, it is recommended “we are confident the applicant will be a loving parent to a child and will provide him or her with love and all the basic needs we therefore commend that the applicant is fit to adopt a child… of her preferred age and sex.”
Legal Guardians:
21. Everlyine Nduku Kathuku has consented to being legal Guardians of the child as per the consent dated 24 th November 2025. She is willing to be the legal guardian in event the applicant who is her sister is unable to take care of the child before she attains the age of Majority.
Children’s Report:
22. More importantly, is the children report dated 22 nd April, 2026 which is so detailed and, in the end, it is recorded “However, the certificate of good conduct referenced above has expired. The applicant has stated that she is applying for another The State Department for Children Services has a reservation to recommending the adoption for this reason. However, should the applicant be able to to provide the court with a valid certificate of good conduct, we would withdraw our reservation and recommend that the applicant Norah Ngina Kathuku be allowed to adopt Baby A.Z.N..”
23. 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.
24. Consequently, I issue the following orders;
a. That the Applicants are hereby authorized to adopt Baby A.Z. who shall be known as A.Z.N.
b. That the Registrar General to make the appropriate entries into the adopted Children’s Register.
c. That the Registrar of births do issue the child a birth certificate with the new name.
d. That the minor be presumed to be a Kenyan Citizen born in Kenya.
Delivered on 9 th July, 2026 virtually in the presence of parties and Christine-CA.
Hon. R.K. Ondieki,
Judge.
1 | Page