1. Pursuant to Originating Summons dated 22 nd April 2025 the Applicant SWK seeks orders as follows:
a) That the consent of the biological parents of Baby Junior E be dispensed with since the child was abandoned shortly after birth
b) That the Applicant be and is hereby authorised to adopt Baby Junior E (hereinafter referred as the Child) and upon adoption shall be called EB.
c) That the Court be pleased to appoint LMK and NWG as the legal guardian of EB upon granting of the adoption order
d) That the Registrar General be ordered to make appropriate entries in the Adopted Children’s Register in respect of EB
e) That EB be considered a Kenyan citizen
f) That the Court be pleased to make any further orders it deems necessary.
2. The Applicant SWK is a Kenyan Citizen single woman who has no children of her own but is desirous of raising a family. She swore and affidavit on 22 nd April, 2025 in support of her application for adoption of Baby Junior E and also testified under oath before this Court on 29/4/2026. She is a Priest by profession. She annexed various documents which include the Kenyan identity card, copy of her medical particulars, police clearance certificate, copy of reference letter from her church among others.
3. She told this Court that she has another child, VK whom she adopted in the year 2021. In the year 2023, VK, requested the Applicant to get him a big brother who he could be play with. That request prompted the Applicant to begin the process of adopting another son. She approached BKAS where she lodged a request for adoption of a child below 7 years. Thereafter, BKAS interviewed both the Applicant and VK. And VK reaffirmed his wish. She filled the necessary forms. The Applicant’s home was visited by the social workers from the adoption agency. Subsequently, Baby Junior E was in August 2024 placed under the Applicant’s care. The Adoption Agency carried out a further home assessment. The Children Officer also visited the Applicant’s home and interacted with both children and compiled a report, the contents of which were not disclosed to the Applicant.
4. The Applicant now wants this Honourable Court to allow her adopt Baby Junior E as her son.
5. The proposed legal guardian , LMK , an Accountant by profession, equally testified before this Court under oath. He affirmed his willingness and consent to take up the role of the legal guardian which he stated he very well understands. He explained as follows:
“As a legal guardian, I am supposed to take care of the financial needs of the child in case anything happens to the child. I will take full responsibility of the child.”
6. He added,
“My wife is aware that I am ready to take this responsibility just in case and I am agreeable”
7. The Court was able confirm this later assertion from the legal guardian’s wife who had accompanied him in Court. Further, the Court confirmed that he executed the consent to be the legal guardian on 22 nd April, 2025.
8. JRN , an Education Officer by profession gave evidence in these proceedings as the guardian ad litem . She stated that as a friend of the child, she would do all that is necessary to ensure the child grows up in a loving, caring environment and that his needs were well taken care of. She stated that she is able to see the child often as they attend the same Church. In her report dated 3/12/2025 filed in Court, JRN stated:
“E is not only loved by S (Applicant) but by the entire family which I have witnessed during family gatherings and also during the last birthday party where they were showered with blessings”
9. She confirmed that the child is happy and strongly recommended his adoption by the Applicant.
10. The Adoption Agency- (BKAS) filed a report dated 11/2/2026 but filed in this Court on 25/5/2026. The report states the child Junior E was found loitering within Dandora Phase IV Estate for 3 days by members of the public. A report was made to Dandora Police Station. At the time, he was estimated to be 3 years old. On 24/10/2019, the Children Court at Nairobi committed him to I.C.H under Protection and Care Case No. 1335 of 2019. On 24/10/2024, Dandora Police Station confirmed in their letter that investigations to trace Baby Junior E’s kin had not succeeded. I.C.H confirmed that no relative had come forward in the five years the child had been in their custody to claim the child.
11. The Adoption Agency (BKAS) confirmed Baby Junior E had been placed under the care of the Applicant SWK from 7/8/2024 and according to the report, the child continued to enjoy parental love, care and protection from the Applicant. He was happy, tremendously thrived under her care and had bonded well with her prospective adoptive parent. BKAS Case Committee pursuant to Regulation 16 of Adoption Regulations 2005 deliberated on the matter in a meeting held on 5 th August, 2024. It was resolved that Baby Junior E be freed for adoption in line with the child’s best interest. The Certificate Declaring the Child Free for Adoption Number 0186 under Section 156 (1) was thus issued.
12. Further the background check carried out by BKAS of the Applicant found that the Applicant, a Priest with the Anglican Church, has a strong Christian foundation, has no criminal record or history of drug or substance abuse. The home environment was conducive. She lived in a two bedroomed self-contained house and has great support from circle of friends. Her bond with the first adopted child was descried as that of tight mother and son.
13. The report from the Ministry of Gender, Culture and Children’s Services , State Department for Children’s Services dated 1 st February, 2025 indicates that the Baby Junior E is estimated to have been born on 9 th July, 2016. The circumstances under which he was found are similar to those contained in the report of Adoption Agency-BKAS above. According to the Report, the Children Officer visited the Applicant’s home and interacted with VK and Baby Junior E. He describes his encounter with VK follows:
“We observed close, warm and cordial relationship among Victor, his adoptive mother, and E. Their interactions were natural and affectionate, indicating stable and supportive home environment.”
14. And concerning his interview with Baby Junior E , (the subject of these adoption proceedings), he stated:
“…During the interview, the child referred to the Applicant as ‘mum’ and indication of established parental bond. E appeared happy, healthy and well cared for. He demonstrated warm and cordial relationship with S and clearly expressed his wish to continue living with her. We noted his sleeping area was smart, clean and well organized, with his bed neatly made at the time of the interview.”
15. The Children Officer further revealed that during the interview with the Applicant, she explained that she had chosen to uphold her Christian values in her personal life and ministry and has chosen not to engage in relationships outside marriage hence has chosen to pursue lawful and socially acceptable means of establishing a family through adoption. The Children Officer further established that the Applicant is financially able and, in a position, to meet the needs of the Child. She earns approximately Kshs. 93,000/- in salary every month in addition to income from other assets. He recommended that the adoption be approved.
ANALYSIS AND DETERMINATION
16. The only issue for determination in this matter is whether this Court should grant the orders of the Adoption of Baby Junior E to the Applicant .
17. This Court is required to uphold and give effect to the paramount principle of the best interest of the child, as enshrined under Article 53 (2) of the Constitution, read together with Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the First Schedule of the Children’s Act No. 29 of 2022.
18. From the reports, oral testimonies and affidavit evidence before this Court including the annexures thereto, the Applicant’s moral uprightness and suitability as an adoptive parent has been established. She is a Priest whose strong Christian background is well rooted. Her father was also a Church Minister. She has no history of criminality or substance abuse. These qualities have been particularised in the reports by the Adoption Agency, the Children Officer, and the Guardian ad Litem.
19. The legal guardian not only executed consent and expressed his readiness to assume his responsibilities towards the child anytime or if his intervention becomes necessary. He too vouched for the suitability of the Applicant as an adoptive mother to Baby Junior E.
20. In addition, the Applicant’s expressed her sincere desire to bring up her family through adoption. The Report from the Children Officer and Adoption Agency revealed that that the Applicant enjoys a strong and reliable social circle that is ready and willing to support her as she takes up these parental responsibilities. This Court further takes into account the fact the Applicant has a proven track record as an adoptive parent. She has been successfully be nurturing another minor, VK, whom she adopted in the year 2021.
21. Further, the Court notes that the Applicant has a stable and solid financial base that would enable her meet the needs of the minor such as education and upkeep. She has a regular monthly pay and other assets. In addition, she was described to have demonstrated genuine love, affection and commitment towards the minor which had succeeded in creating a strong parental bond, not only with Baby Junior E for the period that she had been her from 7 th August 2024, but also with VK whom she had adopted earlier in the year 2021.
22. When this matter came up for the hearing on 29/4/2026, this Court sought to independently confirm the bond between Baby Junior E and the Applicant by fielding a few questions. The Court observed that the Baby Junior E appeared comfortable and genuinely happy. The Court stated its observation as follows:
“The Court has seen the child, and briefly asked him a few questions with a view to finding whether he is comfortable with the home environment generally. He appears genuinely happy.”
23. I am satisfied the Applicant’s desire to adopt Baby Junior E is merited and sincere. Further, it was clear to this Court that Baby Junioe E has very well bonded with the Applicant.
24. The upshot is that this Court finds that granting this adoption Application in favour of the Applicant is manifestly in the best interests of Baby Junior E. I allow the application for adoption and make orders as follows:
1. That the consent of the biological parents of Baby Junior E is hereby dispensed with as the child was abandoned (found loitering with no known parents or kin).
2. That the Applicant SWK be is hereby authorised to adopt Baby Junior E and upon adoption shall be known as EB.
3. That LMK is hereby appointed the legal guardian of EB
4. That the Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register in respect of EB
5. EB is hereby declared presumed a Kenyan citizen by birth and shall enjoy all the rights, privileges and benefits accruing to Kenyan citizens by birth
6. The guardian ad litem is hereby discharged.
Dated, signed and delivered in Thika this 19 h day of May, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
2
a) That the consent of the biological parents of Baby Junior E be dispensed with since the child was abandoned shortly after birth
b) That the Applicant be and is hereby authorised to adopt Baby Junior E (hereinafter referred as the Child) and upon adoption shall be called EB.
c) That the Court be pleased to appoint LMK and NWG as the legal guardian of EB upon granting of the adoption order
d) That the Registrar General be ordered to make appropriate entries in the Adopted Children’s Register in respect of EB
e) That EB be considered a Kenyan citizen
f) That the Court be pleased to make any further orders it deems necessary.
2. The Applicant SWK is a Kenyan Citizen single woman who has no children of her own but is desirous of raising a family. She swore and affidavit on 22 nd April, 2025 in support of her application for adoption of Baby Junior E and also testified under oath before this Court on 29/4/2026. She is a Priest by profession. She annexed various documents which include the Kenyan identity card, copy of her medical particulars, police clearance certificate, copy of reference letter from her church among others.
3. She told this Court that she has another child, VK whom she adopted in the year 2021. In the year 2023, VK, requested the Applicant to get him a big brother who he could be play with. That request prompted the Applicant to begin the process of adopting another son. She approached BKAS where she lodged a request for adoption of a child below 7 years. Thereafter, BKAS interviewed both the Applicant and VK. And VK reaffirmed his wish. She filled the necessary forms. The Applicant’s home was visited by the social workers from the adoption agency. Subsequently, Baby Junior E was in August 2024 placed under the Applicant’s care. The Adoption Agency carried out a further home assessment. The Children Officer also visited the Applicant’s home and interacted with both children and compiled a report, the contents of which were not disclosed to the Applicant.
4. The Applicant now wants this Honourable Court to allow her adopt Baby Junior E as her son.
5. The proposed legal guardian , LMK , an Accountant by profession, equally testified before this Court under oath. He affirmed his willingness and consent to take up the role of the legal guardian which he stated he very well understands. He explained as follows:
“As a legal guardian, I am supposed to take care of the financial needs of the child in case anything happens to the child. I will take full responsibility of the child.”
6. He added,
“My wife is aware that I am ready to take this responsibility just in case and I am agreeable”
7. The Court was able confirm this later assertion from the legal guardian’s wife who had accompanied him in Court. Further, the Court confirmed that he executed the consent to be the legal guardian on 22 nd April, 2025.
8. JRN , an Education Officer by profession gave evidence in these proceedings as the guardian ad litem . She stated that as a friend of the child, she would do all that is necessary to ensure the child grows up in a loving, caring environment and that his needs were well taken care of. She stated that she is able to see the child often as they attend the same Church. In her report dated 3/12/2025 filed in Court, JRN stated:
“E is not only loved by S (Applicant) but by the entire family which I have witnessed during family gatherings and also during the last birthday party where they were showered with blessings”
9. She confirmed that the child is happy and strongly recommended his adoption by the Applicant.
10. The Adoption Agency- (BKAS) filed a report dated 11/2/2026 but filed in this Court on 25/5/2026. The report states the child Junior E was found loitering within Dandora Phase IV Estate for 3 days by members of the public. A report was made to Dandora Police Station. At the time, he was estimated to be 3 years old. On 24/10/2019, the Children Court at Nairobi committed him to I.C.H under Protection and Care Case No. 1335 of 2019. On 24/10/2024, Dandora Police Station confirmed in their letter that investigations to trace Baby Junior E’s kin had not succeeded. I.C.H confirmed that no relative had come forward in the five years the child had been in their custody to claim the child.
11. The Adoption Agency (BKAS) confirmed Baby Junior E had been placed under the care of the Applicant SWK from 7/8/2024 and according to the report, the child continued to enjoy parental love, care and protection from the Applicant. He was happy, tremendously thrived under her care and had bonded well with her prospective adoptive parent. BKAS Case Committee pursuant to Regulation 16 of Adoption Regulations 2005 deliberated on the matter in a meeting held on 5 th August, 2024. It was resolved that Baby Junior E be freed for adoption in line with the child’s best interest. The Certificate Declaring the Child Free for Adoption Number 0186 under Section 156 (1) was thus issued.
12. Further the background check carried out by BKAS of the Applicant found that the Applicant, a Priest with the Anglican Church, has a strong Christian foundation, has no criminal record or history of drug or substance abuse. The home environment was conducive. She lived in a two bedroomed self-contained house and has great support from circle of friends. Her bond with the first adopted child was descried as that of tight mother and son.
13. The report from the Ministry of Gender, Culture and Children’s Services , State Department for Children’s Services dated 1 st February, 2025 indicates that the Baby Junior E is estimated to have been born on 9 th July, 2016. The circumstances under which he was found are similar to those contained in the report of Adoption Agency-BKAS above. According to the Report, the Children Officer visited the Applicant’s home and interacted with VK and Baby Junior E. He describes his encounter with VK follows:
“We observed close, warm and cordial relationship among Victor, his adoptive mother, and E. Their interactions were natural and affectionate, indicating stable and supportive home environment.”
14. And concerning his interview with Baby Junior E , (the subject of these adoption proceedings), he stated:
“…During the interview, the child referred to the Applicant as ‘mum’ and indication of established parental bond. E appeared happy, healthy and well cared for. He demonstrated warm and cordial relationship with S and clearly expressed his wish to continue living with her. We noted his sleeping area was smart, clean and well organized, with his bed neatly made at the time of the interview.”
15. The Children Officer further revealed that during the interview with the Applicant, she explained that she had chosen to uphold her Christian values in her personal life and ministry and has chosen not to engage in relationships outside marriage hence has chosen to pursue lawful and socially acceptable means of establishing a family through adoption. The Children Officer further established that the Applicant is financially able and, in a position, to meet the needs of the Child. She earns approximately Kshs. 93,000/- in salary every month in addition to income from other assets. He recommended that the adoption be approved.
ANALYSIS AND DETERMINATION
16. The only issue for determination in this matter is whether this Court should grant the orders of the Adoption of Baby Junior E to the Applicant .
17. This Court is required to uphold and give effect to the paramount principle of the best interest of the child, as enshrined under Article 53 (2) of the Constitution, read together with Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022 and the First Schedule of the Children’s Act No. 29 of 2022.
18. From the reports, oral testimonies and affidavit evidence before this Court including the annexures thereto, the Applicant’s moral uprightness and suitability as an adoptive parent has been established. She is a Priest whose strong Christian background is well rooted. Her father was also a Church Minister. She has no history of criminality or substance abuse. These qualities have been particularised in the reports by the Adoption Agency, the Children Officer, and the Guardian ad Litem.
19. The legal guardian not only executed consent and expressed his readiness to assume his responsibilities towards the child anytime or if his intervention becomes necessary. He too vouched for the suitability of the Applicant as an adoptive mother to Baby Junior E.
20. In addition, the Applicant’s expressed her sincere desire to bring up her family through adoption. The Report from the Children Officer and Adoption Agency revealed that that the Applicant enjoys a strong and reliable social circle that is ready and willing to support her as she takes up these parental responsibilities. This Court further takes into account the fact the Applicant has a proven track record as an adoptive parent. She has been successfully be nurturing another minor, VK, whom she adopted in the year 2021.
21. Further, the Court notes that the Applicant has a stable and solid financial base that would enable her meet the needs of the minor such as education and upkeep. She has a regular monthly pay and other assets. In addition, she was described to have demonstrated genuine love, affection and commitment towards the minor which had succeeded in creating a strong parental bond, not only with Baby Junior E for the period that she had been her from 7 th August 2024, but also with VK whom she had adopted earlier in the year 2021.
22. When this matter came up for the hearing on 29/4/2026, this Court sought to independently confirm the bond between Baby Junior E and the Applicant by fielding a few questions. The Court observed that the Baby Junior E appeared comfortable and genuinely happy. The Court stated its observation as follows:
“The Court has seen the child, and briefly asked him a few questions with a view to finding whether he is comfortable with the home environment generally. He appears genuinely happy.”
23. I am satisfied the Applicant’s desire to adopt Baby Junior E is merited and sincere. Further, it was clear to this Court that Baby Junioe E has very well bonded with the Applicant.
24. The upshot is that this Court finds that granting this adoption Application in favour of the Applicant is manifestly in the best interests of Baby Junior E. I allow the application for adoption and make orders as follows:
1. That the consent of the biological parents of Baby Junior E is hereby dispensed with as the child was abandoned (found loitering with no known parents or kin).
2. That the Applicant SWK be is hereby authorised to adopt Baby Junior E and upon adoption shall be known as EB.
3. That LMK is hereby appointed the legal guardian of EB
4. That the Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register in respect of EB
5. EB is hereby declared presumed a Kenyan citizen by birth and shall enjoy all the rights, privileges and benefits accruing to Kenyan citizens by birth
6. The guardian ad litem is hereby discharged.
Dated, signed and delivered in Thika this 19 h day of May, 2026.
………………………………..
L. N. MUGAMBI
JUDGE
2