IN THE MATTER OF THE CHILDREN ACT
IN THE MATTER OF AN THE ADOPTION OF BABY BOY alias JL
1. Before this Court is the Originating Summons dated 12 th February, 2026 . The Applicants SM and NWN are seeking to be authorized to adopt Abandoned Baby Boy alias JL, hereinafter referred to as (“the Child”), and upon adoption, the child is to be known as JSK . The Applicants have nominated PMK and EKK to be appointed as the Child’s legal guardians upon the granting of the adoption orders.
2. The Applicants are a married couple who got married in 2015. They are Kenyan citizens as evidenced by copies of their National Identity Cards. PKS is a commercial farmer by profession, while JWK is a consultant financial controller; hence, their financial capability and ability to provide for the child are evidenced by their financial statements, and they also have assets in their names. Their health status is good, as evidenced by the medical reports, and they have no prior criminal record, as evidenced by their Certificates of Good Conduct issued by the Directorate of Criminal Investigations.
3. They have expressed their desire to grow their family through adoption. They hope to become parents and provide a child with a loving home and care. They have been living with the child for 11 months and have bonded with the child, and wish to formalise their relationship. The child has been in their custody since 23 rd June, 2025.
4. PMK and EKK , who are the proposed Legal guardians, are the Applicants’ relatives. PMK is the brother of JMK , the second Applicant. They told the Court that they are aware of the proceedings, understand the role of legal guardians, and have consented.
5. The Child was presented on the online platform in the company of the two Applicants. He was very cheerful and appeared healthy and happy.
6. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, dated 7 th April, 2026, indicates that the Child is aged 1 year and 11 months old, presumed to have been born on 16 th April, 2024. He is male and, according to the available documents, was found abandoned in a vacant house within Kitengela Township. The Child was rescued on 21 st April, 2024, by a good Samaritan, who later reported the same to Kitengela Police Station. The Child’s mother, DS , a Kenyan Citizen, was later arrested and released on free bond as she was unwell, but she never returned and was never traced despite efforts. The Child was committed to Mahali pa Maisha Rescue Centre on 21 st April, 2024 and has remained unclaimed. He was declared free for adoption on 16 th May, 2025, by Change Trust Adoption Agency, vide freeing certificate number 00875, and was subsequently placed with the Applicants, and has been in their care and control to date.
7. The child is a Kenyan citizen by virtue of Article 14 (1) which provides that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen .
8. In light of the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1 st Schedule of the Children’s Act No. 29 of 2022 , this Court has an obligation to prioritize the child’s best interests in making decisions touching on him.
a. Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child.
b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies:
(a) The best interests of the child shall be the primary consideration;
(b) The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule.
(2) All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to: -
(a) safeguard and promote the rights and welfare of the child;
(b) conserve and promote the welfare of the child; and
(c) secure for the child such guidance and correction as is necessary for the welfare of the child, and in public interest.
(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity.
c. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:
1. The age, maturity, stage of development, gender, background and any other relevant characteristics of the child.
2. Distinct special needs (if any) arising from chronic ailment or disability.
3. The relationship of the child with the child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the child’s welfare.
4. The preference of the child, if old enough to express a meaningful preference.
5. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity.
6. The stability of any proposed living arrangements for the child.
7. The motivation of the parties involved and their capacities to give the child love, affection and guidance.
8. The child’s adjustment to the child’s present home, school and community.
9. The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the child and the other parent and/or guardian(s), including physical access.
10. The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in child care.
11. Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.
12. The effect of the child if one parent/guardian has sole authority over the child’s upbringing.
13. The existence of domestic abuse between the parents/guardian(s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the child.
14. The existence of any history of child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the child.
15. Where the child is under one year of age, whether the child is being breast- fed.
16. The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.
17. Where there is a person residing with a parent or guardian, whether that person; -
(a) Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.
(b) Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.
18. Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the child.
9. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, Change Trust Adoption Agency, the guardian ad litem , and the proposed legal guardians indicates that the child has formed a strong bond with the adoptive parents. I have no doubt about the child’s connection to the Applicants, which was evident during the hearing.
10. After careful consideration, I am satisfied that the Applicants have a genuine desire to adopt the Child. They have demonstrated their suitability as adoptive parents and that the Child will receive the attention and support necessary for healthy development.
11. I find that this adoption gives the child a chance at a better life, in a loving and stable home with the adoptive parents.
12. Based on the foregoing, I am satisfied that this adoption serves the Child’s best interests. As such, I do allow this application and make the following orders:
(a) The Applicants, PKS and JWK are hereby authorized to adopt Abandoned Baby Boy, alias JL.
(b) Upon adoption, the minor shall be known as JSK.
(c) PMK and EKK are hereby appointed as the legal guardians of the Child.
(d) The Registrar General is hereby directed to make the entry of this adoption into the Register of Adoptions.
(e) The child is presumed to be a Kenyan citizen by birth, and the child’s date of birth shall be entered as 16 th April, 2024, with the place of birth - Kitengela, Kajiado, in the Republic of Kenya.
(f) The guardian ad litem is hereby discharged.
13. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 28 TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Advocate: Ms. Wanja holding brief for Ms. Kiguatha Advocate for the Applicants
ADOPTION CAUSE E018 OF 2026 JUDGMENT2
IN THE MATTER OF AN THE ADOPTION OF BABY BOY alias JL
1. Before this Court is the Originating Summons dated 12 th February, 2026 . The Applicants SM and NWN are seeking to be authorized to adopt Abandoned Baby Boy alias JL, hereinafter referred to as (“the Child”), and upon adoption, the child is to be known as JSK . The Applicants have nominated PMK and EKK to be appointed as the Child’s legal guardians upon the granting of the adoption orders.
2. The Applicants are a married couple who got married in 2015. They are Kenyan citizens as evidenced by copies of their National Identity Cards. PKS is a commercial farmer by profession, while JWK is a consultant financial controller; hence, their financial capability and ability to provide for the child are evidenced by their financial statements, and they also have assets in their names. Their health status is good, as evidenced by the medical reports, and they have no prior criminal record, as evidenced by their Certificates of Good Conduct issued by the Directorate of Criminal Investigations.
3. They have expressed their desire to grow their family through adoption. They hope to become parents and provide a child with a loving home and care. They have been living with the child for 11 months and have bonded with the child, and wish to formalise their relationship. The child has been in their custody since 23 rd June, 2025.
4. PMK and EKK , who are the proposed Legal guardians, are the Applicants’ relatives. PMK is the brother of JMK , the second Applicant. They told the Court that they are aware of the proceedings, understand the role of legal guardians, and have consented.
5. The Child was presented on the online platform in the company of the two Applicants. He was very cheerful and appeared healthy and happy.
6. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, dated 7 th April, 2026, indicates that the Child is aged 1 year and 11 months old, presumed to have been born on 16 th April, 2024. He is male and, according to the available documents, was found abandoned in a vacant house within Kitengela Township. The Child was rescued on 21 st April, 2024, by a good Samaritan, who later reported the same to Kitengela Police Station. The Child’s mother, DS , a Kenyan Citizen, was later arrested and released on free bond as she was unwell, but she never returned and was never traced despite efforts. The Child was committed to Mahali pa Maisha Rescue Centre on 21 st April, 2024 and has remained unclaimed. He was declared free for adoption on 16 th May, 2025, by Change Trust Adoption Agency, vide freeing certificate number 00875, and was subsequently placed with the Applicants, and has been in their care and control to date.
7. The child is a Kenyan citizen by virtue of Article 14 (1) which provides that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen .
8. In light of the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the 1 st Schedule of the Children’s Act No. 29 of 2022 , this Court has an obligation to prioritize the child’s best interests in making decisions touching on him.
a. Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child.
b. Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 provides as follows;
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies:
(a) The best interests of the child shall be the primary consideration;
(b) The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule.
(2) All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to: -
(a) safeguard and promote the rights and welfare of the child;
(b) conserve and promote the welfare of the child; and
(c) secure for the child such guidance and correction as is necessary for the welfare of the child, and in public interest.
(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity.
c. The First Schedule as provided for under Section 8 (1) of the Children’s Act No. 29 of 2022 provides best interests considerations to be as follows:
1. The age, maturity, stage of development, gender, background and any other relevant characteristics of the child.
2. Distinct special needs (if any) arising from chronic ailment or disability.
3. The relationship of the child with the child’s parent(s) and/or guardian(s) and any other persons who may significantly affect the child’s welfare.
4. The preference of the child, if old enough to express a meaningful preference.
5. The duration and adequacy of the child’s current living arrangements and the desirability of maintaining continuity.
6. The stability of any proposed living arrangements for the child.
7. The motivation of the parties involved and their capacities to give the child love, affection and guidance.
8. The child’s adjustment to the child’s present home, school and community.
9. The capacity of each parent or guardian to allow and encourage frequent and continuing contact between the child and the other parent and/or guardian(s), including physical access.
10. The capacity of each parent and/or guardian(s) to cooperate or to learn to cooperate in child care.
11. Methods for assisting parental and/or guardian cooperation and resolving disputes and each parent’s/guardian’s willingness to use those methods.
12. The effect of the child if one parent/guardian has sole authority over the child’s upbringing.
13. The existence of domestic abuse between the parents/guardian(s), in the past or currently, and how that abuse affects the emotional stability and physical safety of the child.
14. The existence of any history of child abuse by a parent and/or guardian(s); or anyone residing in the same dwelling as the child.
15. Where the child is under one year of age, whether the child is being breast- fed.
16. The existence of a parent’s(s) or guardian’s(s) conviction for a sex offense or a sexually violent offense under the Sexual Offences Act.
17. Where there is a person residing with a parent or guardian, whether that person; -
(a) Has been convicted of a crime under this Act, the Sexual Offences Act, the Penal Code or any other legislation.
(b) Has been adjudicated of a juvenile offence which, if the person had been an adult at the time of the offence, the person would have been convicted of a felony.
18. Any other factor which may have a direct or indirect effect on the physical and psychological well -being of the child.
9. The report from the Ministry of Gender, Culture and Children’s Services, State Department for Children’s Services, Change Trust Adoption Agency, the guardian ad litem , and the proposed legal guardians indicates that the child has formed a strong bond with the adoptive parents. I have no doubt about the child’s connection to the Applicants, which was evident during the hearing.
10. After careful consideration, I am satisfied that the Applicants have a genuine desire to adopt the Child. They have demonstrated their suitability as adoptive parents and that the Child will receive the attention and support necessary for healthy development.
11. I find that this adoption gives the child a chance at a better life, in a loving and stable home with the adoptive parents.
12. Based on the foregoing, I am satisfied that this adoption serves the Child’s best interests. As such, I do allow this application and make the following orders:
(a) The Applicants, PKS and JWK are hereby authorized to adopt Abandoned Baby Boy, alias JL.
(b) Upon adoption, the minor shall be known as JSK.
(c) PMK and EKK are hereby appointed as the legal guardians of the Child.
(d) The Registrar General is hereby directed to make the entry of this adoption into the Register of Adoptions.
(e) The child is presumed to be a Kenyan citizen by birth, and the child’s date of birth shall be entered as 16 th April, 2024, with the place of birth - Kitengela, Kajiado, in the Republic of Kenya.
(f) The guardian ad litem is hereby discharged.
13. It is so ordered.
DATED, DELIVERED and SIGNED at NAIROBI through the Microsoft Teams Online Platform on this 28 TH day of MAY, 2026.
C. KENDAGOR
JUDGE
In the presence of:
Court Assistant: Beryl
Advocate: Ms. Wanja holding brief for Ms. Kiguatha Advocate for the Applicants
ADOPTION CAUSE E018 OF 2026 JUDGMENT2