P.M.M AND C.N.M VS undefined

1. The Applicants, PHILIP MORACHA MAKORI and CAREN NYABOKE MORACHA vide Originating Summons dated 24th November 2022 have made an application for the adoption of ABANDONED BABY ERIC KARANJA ALIAS BABY ERIC ALIAS ERICK the child herein. The applicants have been married since 7th July 1990 and have attached a copy of marriage certificate serial number 694712.
2. They wish to adopt the child with the desire to grow their family having been married for over 30 years they have been blessed with one biological child Sidsel Nyanduko Moracha. They also want to give back to the community because they have the financial and emotional capacity to do so. In addition, as Christians they want to give a home and love to a needy child.
3. The matter proceeded for hearing via viva voce evidence on the Teams virtual platform on the 28th of September 2023.
4. The Applicants are Kenyan Citizens and of the Christian faith. They aver that they have the financial means and capability to take care of the Child. The 1st applicant is a farmer, the 2nd applicant works as Regional business officer at Bible Society of Kenya. They have had custody of the child since 8th August 2017. They reside in Nyayo Estate in Embakasi. They fully understand the consequences of an adoption order.
5. The child is of a male sex born on or about 17th April 2015 was found abandoned in ward 3B of Kenyatta National Hospital. The matter was reported and recorded as OB NO 12/21/04/2015. Kenyatta National Hospital sought temporary placement for the child at Happy life Children’s Home.
6. The child was presented before the Nairobi Children’s Court at Nairobi and was formally committed to Happy Life Children Home in P& C NUMBER 217/8 OF 2015 for a period of 3 years. Kenyatta Police Post has since confirmed that no one has come forth to claim the child.
7. Prior to the hearing of the adoption application, KKPI ADOPTION SOCIETY   issued a certificate serial No. 841 declaring the child free for adoption. On 20th January 2023 the Court appointed a Guardian Ad litem DONAH KILOBA.
8. The Guardian Ad Litem, DONAH KILIOBA was present in Court and presented her report dated 23rd March 2023. She confirmed that he visited the Applicants and the Child at their home and observed that they have bonded well, and the child is well taken care of. He has also bonded well with the sister. She recommends that the Applicants be allowed to adopt the Baby.
9. Department of Children Services, MARY ATATI prepared a report dated 7th March 2023, and counter signed by Nancy Waswa. The report established that the child of a male sex born on or about 17th April 2015 was found abandoned in ward 3B of Kenyatta National Hospital. The matter was reported and recorded as OB NO 12/21/04/2015. Kenyatta National Hospital sought temporary placement for the child at Happy life Children’s Home.
10. The Report further documents that The child was presented before the Nairobi Children’s Court at Nairobi and was formally committed to Happy Life Children Home in P& C NUMBER 217/8 OF 2015 for a period of 3 years. Kenyatta Police Post has since confirmed that no one has come forth to claim the child.
11. The minor, DEREK MORACHA OGETO was present in Court and the Court interviewed him. He is 8 years old. He recognises the Applicants as his parents. He appeared happy, settled and at ease with the parents.
12. The proposed Legal Guardians JEREMIAH MAKORI AND SINAIDA OMBAFU OBURU attended court and confirmed they are willing to take up the role of legal guardian. They are the 1st Applicant’s brother and sister in law.

13. After carefully assessing the records herein, I am satisfied that the applicant has fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides.
(1) The Court may make an adoption order on application by—
a) A sole applicant; or
b) Two spouse jointly


(2) The Court shall not make an adoption order in any case unless—
(A the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
(b) The applicant, or both of the applicants in a joint application, is more than twenty-one years older than the child.



3. The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child.

14.  The Applicants are aged 59years and 59 years respectively.
15. Article 53 of the Constitution of Kenya, 2010 provides the overarching principles which must apply whenever any decision concerning a child is to be considered. It states:
A Child’s Best interests are of paramount importance in every matter concerning the child

16. This principle is restated Under Section 8 of the Children Act, 2022 which provides

Best interests of the child.
(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.


Section 194 (1) (c) of the Act also requires that if the adoption order is made

the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;

17.  In view of the foregoing, the court is of the considered view that it is in the child’s best interest to be adopted by the Applicants. Accordingly, I allow the prayers sought in the Originating Summons dated 24th November 2022 and order as follows:

i. The Applicants PHILIP MORACHA MAKORI and CAREN NYABOKE MORACHA be allowed to adopt ABANDONED BABY ERIC KARANJA ALIAS BABY ERIC ALIAS ERICK.
ii. The Child to be known as DEREK OGETO MORACHA.
iii. The Child be presumed to be a Kenyan citizen by birth and the date of birth is 17th April 2015 at KENYATTA HOSPITAL.
iv. JEREMIAH MAKORI AND SINAIDA OMBAFU OBURU are hereby appointed as legal guardians of Child
v. The Registrar is hereby directed to enter this adoption into the Register of Adopted Children.
vi. The Director Immigration is authorized to issue the child with a Kenyan passport
vii. The Guardian Ad litem is discharged.