R.N.M VS

1. The applicant lodged in this court an originating summons dated 6th December, 2024, seeking the following orders:
i. That the applicant be authorized to adopt the child, currently identified as Baby Dominic Nganga
ii. That henceforth the child be renamed Elias Sifa Muteti
iii. That the child’s date of birth be declared to be 7th August 2019 and his place of birth be declared to be Githunguri, Kiambu County
iv. That the child be presumed to be a Kenyan citizen by birth and as a consequence, be entitled to the rights and the benefits of a Kenyan citizen, including being issued with a Kenyan Passport whenever desired.
v. That the consent of the biological parents/guardians be dispensed with.
vi. That the guardian ad litem be discharged; and Jairus Endondo and Beatrice Mueni Muteti be appointed as Legal Guardian of the child, in the event that the applicants herein are incapacitated or in any way unable to discharge their parental obligations
vii. That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.
2. The application is premised on the following grounds; that it is in the best interest of the child who will benefit from love and belonging within a family unit; the applicant was approved as an adoptive parent by the case committee of a duly registered and approved adoption society under the Department of Children Services; the child was found abandoned and the whereabouts of the biological parents or guardian remain unknown as tracing them have proven futile.
3. In addition, the application is supported by the Applicant’s statement dated 28th November 2024, in which the applicant states that she is Kenyan citizen of sound mind. She is 36 years of age. She is motivated to adopt a child due to her love and desire to parent a child. She states that she has bonded with the child, has met all the legal prerequisites set out for adopting a child, and it is in the best interest of the child that the adoption order be granted in her favour.
4. From the statement, the applicant is engaged in tailoring work and have the financial means and capability to take up financial responsibility and provide for the child a business permit and Mpesa statements were provided. Moreover, she does not suffer from any ailment and is both physically and emotionally fit to provide parental guidance to the child. As per the police clearance certificate provided the applicant has never been charged with nor convicted of a criminal offence referred to in the Third Schedule of the Children’s Act.
5. The applicant proposes to have Jairus Endondo and Beatrice Mueni Muteti appointed as Legal Guardian of the child, in the event she is incapacitated or in any way becomes unable to discharge parental obligations before the child is of the age of majority
6. The child is of male sex presumably born on 7th August 2019. He was found abandoned along kwamaiko-kibichoi road near a culvert and rescued by two good Samaritans. The police were notified and matter reported under Githunguri Police Station vide OB No 8/7/8/2020. The child was committed Divine Mercy Hope Children’s Home for care and protection through the Children’s Court at Githunguri Protection and Care Case No E014 of 2023.
7. In accordance with section 156(1) of the Children Act, the Kenya Children’s Home, a registered Adoption Agency declared the child free for adoption and issued a Certificate Serial No 994 dated 17th July 2024 declaring the child free for adoption. This certificate was submitted to the court by an officer of the Society together with a report dated 17th February 2025 verifying that the applicant was taken through an interview, a home assessment and pre-placement counselling and found fit to adopt. The report also stated that the legal requirements for adoption to have been fully met and that the adoption would be in the child’s best interest. Additionally, the officer confirmed that the child was placed in the applicant’s care and she has had the custody of the child since 5th September 2024.  The child’s current name is Elias Sifa Muteti.
8. The Children Department, through the Children Officer has prepared and filed a report dated 22nd February 2025. The report recommends that the applicant be allowed to adopt the minor since; he is an abandoned child who has been declared free for adoption by a registered adoption agency; the bonding process has taken place successfully; she enjoys the support of her family members especially her father who begun introducing her to the idea of adoption; the minor has fitted well in the family and seemed happy and contented during the home visit; she is hardworking and has the resources required to give him a good life; she is a committed Christian who will be able to become a good role model and instil Christian values and that it is in the best interest of the minor since he will have a family he will grow up in as opposed to growing up in a care institution.
9. The guardian ad litem besides testifying in court, also filed an undated report stating that to the best of her knowledge the applicant is giving and doing the best to the baby. That the applicant is able to offer parental love, care and guidance.
10. I have considered the summons, the affidavits in support together with the annexures thereof as well as the evidence on record to determine if the applicant is a suitable adoptive parent.
11. Section 181 (1) of the Children’s Act, 2022 provide that-“Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was or was not born in Kenya.”
12.  The applicant is a Kenyan citizen and the child is above six (6) weeks and below 18 years which is the requisite age bracket for a child to qualify for adoption (see Section 184 (1) of the Children’s Act).
13. The applicant has been assessed and evaluated by various stake holders and found suitable to adopt having met all the prerequisite for adoption. This include, that she is financially stable, physically, mentally, morally, socially and emotionally fit. She has no criminal record and understands and appreciate the consequences of adoption. She also has support from her family and the bonding process was confirmed to have taken on well. The Children Services office in their report dated 22nd February 2025 recommended that the applicant be allowed to adopt the minor. This position was also reiterated by the officer from the Kenya Children’s Home Adoption Society through their report dated 17th February 20255 as well as the guardian ad litem who also filed an un-dated report stating that the adoptive parent is are happy to be parents and are capable of raising the child.
14.   In the circumstances, I do find that the applicants has met the necessary legal requirements and is fit to adopt the baby.
15. The Applicant proposed Jairus Endondo and Beatrice Mueni Muteti as the legal guardians for the child. The said legal guardian is a sister and brother-in-law to the applicant. They signed a consent dated 28th November 2024. The proposed legal guardians also testified and informed court that they are aware of the roles and obligations that come with appointment of a legal guardian and that they are all willingly to take up the role and responsibilities.  
16. Article 14 (4) of The Constitution provides as follows:
A child found in Kenya who is, or appears to be, less than 8 years of age, and whose nationality and parents are not know, is presumes to be a citizen by birth.
17. The child was found abandoned within the Republic of Kenya one year after he was born. I, therefore, declare that the child is a citizen of Kenya by birth.
18. From the records and evidence presented before this court all efforts by the police to trace the child’s parents/relatives have borne no fruit. Vide a letter dated 7th September 2023, Githunguri Police Station confirmed that despite efforts they have been unsuccessful in locating any potential family member or guardian and no one had come forth to claim the baby. Therefore, there exists no known person from whom consent for this adoption can be sought and/or obtained. I, therefore, waive this requirement in line with section 185 (4)(b) of the Children Act.
19. The main factor for consideration before making any decision affecting affairs of a child is the child’s best interest. This principle is articulately covered under Article 53(2) of the Constitution and Section 4(2) and (b) of the Children’s Act. Article 53(2) provides: A child’s best interests are of paramount importance in every matter concerning the child.
20.  In accordance with Section 8 of the Children Act, the court is required to take into account the best interest of the child in all matters concerning their welfare. In this case, the child was abandoned just a year after birth and subsequently faced an uncertain and potentially unstable future in a children’s home or similar care institutions. The proposed adoption presents a significant opportunity for the child to grow up in a stable loving and supportive family environment. This is not only beneficial for the child’s emotional and psychological development but also in line with the recommendation made by the Children Officer who emphasized the importance of such an environment for the child’s well being.
21.  I have carefully considered the Reports submitted by the Adoption Agency, the Guardian ad Litem, the Director of Children Services. All these reports were positive and recommended the adoption. Additionally, I had the opportunity to personally observe the child in the presences of the applicant. The child was at ease and interacted comfortably with the applicant. It is my view therefore that the applicants are capable of nurturing and providing a home where the child’s needs will be well met.
22. The upshot of the above is that the Originating Summon dated 6th December 2024 is hereby allowed in the following terms;
(i) That the Applicant Rael Ngina Muteti is allowed to adopt the child currently identified as Baby Dominic Ngángá;
(ii) Upon adoption, the child shall be renamed as Elias Sifa Muteti;
(iii) The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws;
(iv) Jairus Endondo and Beatrice Mueni are appointed as Legal Guardian of the child,
(v) The Guardian ad Litem is hereby discharged;
(vi) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register;

Delivered, Dated and Signed this 5th day of May 2025