REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
MACHAKOS LAW COURTS
ADOPTION CASE NO. E025 OF 2025
BETWEEN
IN THE MATTER OF BABY JOSEPH
-AND-
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY P. M.N AND M. N. P
JUDGMENT
1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 22 nd July, 2025 and it seeks the following ORDERS;
1. THAT the Applicants, P.M.N AND M.N. P be authorized to adopt the Child identified as BABY J
2. THAT the child be renamed J. K. P .
3. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
4. THAT consent of the biological parents/guardians be dispensed with.
5. THAT the guardian ad litem be discharged, and J. M. N be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
6. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
7. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicants are a Kenyan married couple having solemnised their marriage under the Civil Marriage Act (CAP 151- Laws of Kenya) on 2 nd May 2008, residing at Masii in Machakos County. P.M.N is a traditional doctor while M.N. P is a business lady. Jointly, they have a decent income hence have the means to provide for the child. They have had a custody of the child since 9 th April, 2009. The child is 17.11 years old having been born on 28/7/2007. They fully understand the implications of an adoption order. They do not have any other biological children.
3. J.K.P is a male Child was born on 28 th July, 2007 at home but taken to Machakos District Hospital where he was admitted in the hospital nursery accompanied by the mother. The birth mother absconded and abandoned him at the hospital. The baby remained in the hospital for six days and having been stabilized and with no need to remain in the hospital the matter was referred to Children office for management, care and protection. The matter escalated and was reported at Machakos Police Station and booked under OB 38/17/8/2007. Efforts to trace the mother through the police didn’t bear any fruit even after being put on the print media. The child was then temporary placed at the HOPE HOUSE BABIES HOME in Westlands Nairobi on 17/8/2007. The child was declared free for adoption by Child Welfare Society of Kenya and placed with the applicants on 9/4/2009 while aged 2 years. The child has been in their continuous care for the last 15.11 years.
4. That the child was interviewed for consent as per Section 186(8)(c) of the Children Acts which requires written consent of a child who has attained the age of ten years. After being explained what adoption is and the implication to his life, he consented to the adoption as he felt to be part of the family. He however wished to know his birth mother as part of disclosure.
5. The Reports filed in respect of the proposed adoption of the child by the Applicants recommends that this Court allows the Applicants to adopt the child. A report dated 18 th June 2026 from CHILD WELFARE SOCIETY OF KENYA confirmed that the Child and the Applicants have bonded well, they are is socially and financially capable of raising the Child. It also confirmed that the Applicants have a clean bill of health and that they have no criminal records as evidenced by annexed copies of their Certificates of Good Conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 28 th April 2026 by County Coordinator Children’s Services also recommends the adoption.
DETERMINATION
6. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have 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 Applicants are 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 Applicants have 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 Applicants have support from their family and their biological children equally support the adoption. 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 Applicants for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned after birth and efforts to trace them have yielded no results.
7. 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.”
8. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application that;
a. The Applicants, P. M. N and M. N. P, are hereby allowed to adopt BABY J, a minor.
b. Henceforth, the child shall be known as J. K. P.
c. His date of birth shall be 28 th July 2007 .
d. He is presumed to be a citizen of Kenya by birth.
e. J. M.N is hereby appointed as legal guardian 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 24 th Day of June 2026
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of;
1. P.M- 1 ST APPLICANT
2. M. N-2 ND APPLICANT
3. BABY J
adoption e025 of 20257
IN THE HIGH COURT OF KENYA AT MACHAKOS
MACHAKOS LAW COURTS
ADOPTION CASE NO. E025 OF 2025
BETWEEN
IN THE MATTER OF BABY JOSEPH
-AND-
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY P. M.N AND M. N. P
JUDGMENT
1. What is before this Honourable Court for determination is that Applicant’s Exparte Originating Summons filed on 22 nd July, 2025 and it seeks the following ORDERS;
1. THAT the Applicants, P.M.N AND M.N. P be authorized to adopt the Child identified as BABY J
2. THAT the child be renamed J. K. P .
3. THAT the child be presumed to be a Kenyan Citizen by birth and as a consequence, be entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Kenyan Passport whenever desired.
4. THAT consent of the biological parents/guardians be dispensed with.
5. THAT the guardian ad litem be discharged, and J. M. N be appointed al legal guardian of the Child, in the event that the Applicant herein is incapacitated or in any way unable to discharge their parental obligations.
6. THAT the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
7. THAT this COURT do issue such further orders as are in the interest of justice.
2. The Applicants are a Kenyan married couple having solemnised their marriage under the Civil Marriage Act (CAP 151- Laws of Kenya) on 2 nd May 2008, residing at Masii in Machakos County. P.M.N is a traditional doctor while M.N. P is a business lady. Jointly, they have a decent income hence have the means to provide for the child. They have had a custody of the child since 9 th April, 2009. The child is 17.11 years old having been born on 28/7/2007. They fully understand the implications of an adoption order. They do not have any other biological children.
3. J.K.P is a male Child was born on 28 th July, 2007 at home but taken to Machakos District Hospital where he was admitted in the hospital nursery accompanied by the mother. The birth mother absconded and abandoned him at the hospital. The baby remained in the hospital for six days and having been stabilized and with no need to remain in the hospital the matter was referred to Children office for management, care and protection. The matter escalated and was reported at Machakos Police Station and booked under OB 38/17/8/2007. Efforts to trace the mother through the police didn’t bear any fruit even after being put on the print media. The child was then temporary placed at the HOPE HOUSE BABIES HOME in Westlands Nairobi on 17/8/2007. The child was declared free for adoption by Child Welfare Society of Kenya and placed with the applicants on 9/4/2009 while aged 2 years. The child has been in their continuous care for the last 15.11 years.
4. That the child was interviewed for consent as per Section 186(8)(c) of the Children Acts which requires written consent of a child who has attained the age of ten years. After being explained what adoption is and the implication to his life, he consented to the adoption as he felt to be part of the family. He however wished to know his birth mother as part of disclosure.
5. The Reports filed in respect of the proposed adoption of the child by the Applicants recommends that this Court allows the Applicants to adopt the child. A report dated 18 th June 2026 from CHILD WELFARE SOCIETY OF KENYA confirmed that the Child and the Applicants have bonded well, they are is socially and financially capable of raising the Child. It also confirmed that the Applicants have a clean bill of health and that they have no criminal records as evidenced by annexed copies of their Certificates of Good Conduct thus recommended the adoption process as in line with principles of best interests of the child. Another report dated 28 th April 2026 by County Coordinator Children’s Services also recommends the adoption.
DETERMINATION
6. The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have 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 Applicants are 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 Applicants have 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 Applicants have support from their family and their biological children equally support the adoption. 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 Applicants for this Adoption have been filed. The consents of the biological parents of the child have been dispensed with since the child was abandoned after birth and efforts to trace them have yielded no results.
7. 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.”
8. This court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application that;
a. The Applicants, P. M. N and M. N. P, are hereby allowed to adopt BABY J, a minor.
b. Henceforth, the child shall be known as J. K. P.
c. His date of birth shall be 28 th July 2007 .
d. He is presumed to be a citizen of Kenya by birth.
e. J. M.N is hereby appointed as legal guardian 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 24 th Day of June 2026
............................................................................
J.W.W. MONGARE
JUDGE
In the Presence of;
1. P.M- 1 ST APPLICANT
2. M. N-2 ND APPLICANT
3. BABY J
adoption e025 of 20257