1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 20 TH August 2025 and it seeks the following ORDERS;
1. THAT the Applicant, N.K.W be authorized to adopt the Child identified as BABY R.O.
2. THAT upon making of the adoption orders the said child be known as A.M.K .
3. THAT the child A.M.K be presumed to be a Kenyan Citizen born in Kenya and that the Director of Immigration Services do issue A.M.K with a Kenyan Passport.
4. THAT D.K.W be appointed the legal guardian of the Child, A.M.K.
2. The Applicant, N.K.W, is a single Kenyan lady residing in Machakos Town in Machakos County. She hails from Kisau, 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 15 th November 2024. The child is 7 years old having been presumably born on 15 th September 2018. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt.
3. BABY R.O. is a female Child was born on 15 th September 2018 at Vihiga County Referral Hospital. The mother, R.O. was below 18 years old at the time. The child was born out of an incestuous relation involving her cousin C.O. After the Child was born, the case was referred to the Sub County Office at Vihiga who referred the case to Child Welfare Society. Because babies born out of incestuous relationship go against the cultural norms of the luhyia community and are not allowed cultural to mingle with other children as they are believed to be a bad omen to the family and the entire community, the Child’s Mother, R.O. and the Child’s grandfather, A.S.O opted to have the child offered for adoption. They were counselled by the Child Welfare Society and informed of the implications of their decision and the effects of adoption on their relationship with the Child. They confirmed they understood the same and signed the memorandum of 18/9/2018. They were asked to come back after six weeks but the mother never showed up.
4. The Child was rescued by the Child Welfare Society on 18 th September 2018 and placed at their home in CSWK Kanduyi. Subsequently, the child was committed to the same facility through the Children’s Courts in Vihiga Vide Care and Protection P&C No. E108/2018 on 21 st November 2018.
5. The Mother never showed up for subsequent counselling sessions by Child Welfare Society and never gave her final decision on the Child, Child Welfare Society of Kenya efforts to trace her whereabouts have been fruitless. The Society kept the Child for Six years and neither the mother nor any of her relatives reached out to claim her. They have in their report sought to have the parental consent to adoption be waived. The Child’s grandfather, A.S.O, however consented to the adoption on 10 th July 2024.
6. That the Applicant approached Child Welfare Society on 28 th March 2019 with the aim of being placed with a female child with a view to adopting. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement was duly signed and thereafter the child was declared free for adoption by the case committee on 12 th April 2024, vide freeing Certificate Serial No. 1186 dated 10 th September 2024. The child was placed with the Applicant on 15 th November 2024 and the applicant proceeded to enrol the child in school at St. Marys Girls Primary School.
7. 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 4 th May 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 10 th March 2026, from Guardian Ad litem, also recommends the adoption.
8. Proposed Legal Guardians D.K.W 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, they will assume full parental responsibility according to adoption orders.
DETERMINATION
9. 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, N.K.W is hereby allowed to adopt BABY R.O, a minor.
b. Henceforth, the child shall be known as A.M.K
c. Her date of birth shall be 15 th September 2018.
d. She is presumed to be a citizen of Kenya by birth.
e. D.K.W 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 13 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. N.K.W- Applicant in person
2. Abdisalan-Court Assistant
1. THAT the Applicant, N.K.W be authorized to adopt the Child identified as BABY R.O.
2. THAT upon making of the adoption orders the said child be known as A.M.K .
3. THAT the child A.M.K be presumed to be a Kenyan Citizen born in Kenya and that the Director of Immigration Services do issue A.M.K with a Kenyan Passport.
4. THAT D.K.W be appointed the legal guardian of the Child, A.M.K.
2. The Applicant, N.K.W, is a single Kenyan lady residing in Machakos Town in Machakos County. She hails from Kisau, 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 15 th November 2024. The child is 7 years old having been presumably born on 15 th September 2018. She fully understands the implications of an adoption order. She has no biological children of her own hence her desire to adopt.
3. BABY R.O. is a female Child was born on 15 th September 2018 at Vihiga County Referral Hospital. The mother, R.O. was below 18 years old at the time. The child was born out of an incestuous relation involving her cousin C.O. After the Child was born, the case was referred to the Sub County Office at Vihiga who referred the case to Child Welfare Society. Because babies born out of incestuous relationship go against the cultural norms of the luhyia community and are not allowed cultural to mingle with other children as they are believed to be a bad omen to the family and the entire community, the Child’s Mother, R.O. and the Child’s grandfather, A.S.O opted to have the child offered for adoption. They were counselled by the Child Welfare Society and informed of the implications of their decision and the effects of adoption on their relationship with the Child. They confirmed they understood the same and signed the memorandum of 18/9/2018. They were asked to come back after six weeks but the mother never showed up.
4. The Child was rescued by the Child Welfare Society on 18 th September 2018 and placed at their home in CSWK Kanduyi. Subsequently, the child was committed to the same facility through the Children’s Courts in Vihiga Vide Care and Protection P&C No. E108/2018 on 21 st November 2018.
5. The Mother never showed up for subsequent counselling sessions by Child Welfare Society and never gave her final decision on the Child, Child Welfare Society of Kenya efforts to trace her whereabouts have been fruitless. The Society kept the Child for Six years and neither the mother nor any of her relatives reached out to claim her. They have in their report sought to have the parental consent to adoption be waived. The Child’s grandfather, A.S.O, however consented to the adoption on 10 th July 2024.
6. That the Applicant approached Child Welfare Society on 28 th March 2019 with the aim of being placed with a female child with a view to adopting. She was taken through the relevant interviews, home assessment was done, a Certificate of Acknowledgement was duly signed and thereafter the child was declared free for adoption by the case committee on 12 th April 2024, vide freeing Certificate Serial No. 1186 dated 10 th September 2024. The child was placed with the Applicant on 15 th November 2024 and the applicant proceeded to enrol the child in school at St. Marys Girls Primary School.
7. 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 4 th May 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 10 th March 2026, from Guardian Ad litem, also recommends the adoption.
8. Proposed Legal Guardians D.K.W 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, they will assume full parental responsibility according to adoption orders.
DETERMINATION
9. 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, N.K.W is hereby allowed to adopt BABY R.O, a minor.
b. Henceforth, the child shall be known as A.M.K
c. Her date of birth shall be 15 th September 2018.
d. She is presumed to be a citizen of Kenya by birth.
e. D.K.W 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 13 TH DAY of MAY 2025
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of
1. N.K.W- Applicant in person
2. Abdisalan-Court Assistant