ADOPTION CAUSE NO. E006 OF 2025
IN THE MATTER OF ADOPTION OF
BABY ANGELICA NZILANI………………………………… A CHILD
BY
SAMAUEL MWANGI NDEGWA AND
PRICILA WANGARI KIANGI………………..JOINT APPLICANTS
JUDGEMENT
1. Before this Court is the Originating Summons dated 21 st May 2025 by which the Applicants SAMUEL MWANGI NDEGWA and PRICILA WANGARI KIANGI seek the following orders;-
“1. THAT the applicants be authorized to adopt the child BABY
ANGELICA NZILANI.
2. THAT the consent of the biological parents be dispensed with
as the child was abandoned.
3. THAT upon the making of the adoption orders the said child be
known as HOPE ANGEL WAIRIMU MWANGI.
4. THAT the Registrar General do make the appropriate entry of
HOPE ANGEL WAIRIMU MWANGI in the Adopted
Children’s Register.
5. THAT the child HOPE ANGEL WAIRIMU MWANGI be
presumed to be a Kenya citizen born in Kenya and that the
Director of Immigration Services do issue HOPE ANGEL
WAIRIMU MWANGI with a Kenyan passport.
6. THAT GLADYS NJERI NDEGWA be appointed Legal Guardian
of the child HOPE ANGEL WAIRIMU MWANGI.”
2. The application was supported by the statement of even date sworn by
both Applicants. The matter was canvassed by way of oral evidence in open court.
3. The Applicants are married couple. They have four (4) biological children
together. They now wish to adopt a child out of their desire to provide a needy child with a home. The Applicants both told the Court that they do understand the legal implications of an adoption order. They undertake to accord to the subject child all rights due to a biological child including the right to inherit.
ANALYSIS AND DETERMINATION
4. I have considered this application for adoption, the evidence adduced in
support thereof as well as the various reports filed in court.
5. The prerequisites for adoption are set out in Section 184(1) (a) and (b) of the Childrens Act 2022 as follows:-
“(1) A person shall not commence any arrangement for the
adoption of a child unless:-
(a) The council, in accordance with the rules, has declared the child free from adoption.
(b) The child has attained the age of six weeks.
6. The subject child is a girl-child was born on 13 th April 2019 . She is now
aged seven (7) years and is well above the six (6) week age limit provided for in the law.
7. CHILD WLEFARE SOCIETY OF KENYA which is a registered adoption
agency have annexed to their report dated 13 th June 2024 a certificate serial No. 1076 dated 11 th August 2021 declaring the child Free for Adoption. As such I am satisfied that all the legal ingredients for an adoption order have been met.
8. The duty of this court is to analyze the evidence on record to determine
whether the Applicants are suitable adoptive parents. The Applicants are both Kenyan Citizens as evidenced by the annexed copies of their National Identity Cards.
9. The Applicants are a couple who have been married to each other for the
past 28 years . Annexed to the summons is an Affidavit dated 16 th May 2019 sworn by both Applicants confirming that they got married to each other in May 1996 under Kikuyu customary law.
10. The Applicants’ union has been blessed with four (4) children, all sons
who range in age from 22 years to 15 years. They now seek to adopt
the subject child out of their desire to have a daughter and out of their
wish to provide a needy child with a home.
11. The 1 st Applicant is a Civil Servant working with the Nyeri County
Commissioner’s Office. He has availed a copy of a letter dated 18 th
February 2026 signed by the Deputy County Commissioner confirming
that he is a Principal Clerical Officer on the Accounts Department. The
2 nd Applicant is a business woman running a grocery shop in Chaka
Town . The couple are obviously financially stable and have the capacity
to provide for the needs of the child.
12. The Applicants are both Christians and intend to raise the child in the
Christian faith. They have annexed a copy of a recommendation letter dated 25 th February 2026 written by Rev Douglas Muchina Kariuki the Parish Minister PCEA church, Kigaiyo Parish.
13. The Applicants sons DILEN KAMAU and STEPHEN GITONGA testified
in this matter. They both stated that they were aware of and fully
supported the move by their parents to adopt the child. They stated
that they already view the child as their younger sister. The Applicants
sons BRIAN GITHENYA MWANGI and DILEN KAMAU
MWANGI have both sworn affidavits dated 27 th August 2022 giving
full consent to the adoption.
14. The Applicants told the court that they have appointed the 1 st Applicants
sister as the legal Guardian for the child. The said legal Guardian
GLADYS NJERI NDEGWA has signed an affidavit consenting to be
appointed as the legal guardian for the child. The Applicants have
produced copies of clearance certificates issued to them by the
Directorate of Criminal Investigations proving that neither has a criminal
record. All in all I am satisfied that the Applicants are suitable adoptive
parents.
15. The subject child is a girl-child who was born on 13 th April 2019 . The
child was abandoned aged only one (1) day old by the roadside at Maasaini Area in Sultan Hamud Sub-Location, Mukaa Sub-County in Makueni County . Upon being rescued by good Samaritans the baby was taken to Sultan-Hamud Sub-County Hospital and was admitted there for treatment. The abandonment was reported at Sultan-Hamud Police Station vide OB No. 18 of 13 th April 2019 . On 20 th May 2019 upon being discharged from the hospital the children’s court in Kilungu committed the child to AIC Baby Home in Kitui. Thereafter on 27 th August 2021 the child was placed into the custody of the Applicants under a Foster Care Agreement.
16. 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.”
17. The subject child was found abandoned shortly after birth in Makueni
County within the Republic of Kenya . I therefore declare the child
to be a Kenyan Citizen by birth.
18. Efforts by police to trace the biological mother or parents of the child
have not borne fruit. A final police letter dated 13 th April 2023 from the OCS Sultan Hamud Police Station confirms this fact. Additionally several adverts were placed on various dates in the Daily Newspapers seeking information about the parents of the child. These too yielded no positive results.
19. Given the fact of her abandonment, there exists no known person from
whom consent for this adoption can be sought and/or obtained. I
therefore waive the requirement for consent in line with Section 187
(1) of the Children Act .
20. In deciding upon any matter involving a child, courts are obliged to give
priority to the ‘ best interests’ of the said child. Section 8(1) of the
Children Act 2022 provides that:-
“(8) (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 .” [Own emphasis]
21. This is a child who was abandoned at birth. She faced an uncertain
future living in childrens homes/institutions. This adoption
provides the child with the opportunity to be raised in a loving and stable home environment.
22. I was able to see the child in court. She was healthy happy little girl
who was seated next to the Applicant’s son. The child confidently
answered all questions put to her. The child is obviously well cared for
and is happy in her environment.
23. The childrens officer conducted a Home Visit. The Applicants reside at
Chaka Town in Nyeri County where they own a six (6) bed-roomed
house. The home was found to be suitable for raising a young child.
24. The child has lived with the Applicants since she was two (2) year old –
a period of five (5) years. She has undoubtedly bonded with the family.
This is the only home the child knows. I have perused the reports filed
by the Guardian Ad Litem , the Adoption Agency and the Director
Childrens Services . All three reports were positive and all
recommend the adoption.
25. Finally I find that this adoption does serve the best interests of the
subject child. I allow this application for adoption and make the
following orders;-
(1) The Applicants SAMUEL MWANGI NDEGWA and PRICILA WANGARI KIANGI are authorized to adopt the child known as BABY ANGELICA NZILANI .
(2) Upon adoption the child will be known as HOPE ANGEL
WAIRIMU MWANGI .
(3) GLADYS NJERI NDEGWA is appointed as the legal Guardian for the child.
(4) The child is declared to be a citizen of Kenya by birth and is entitled to all the rights and benefits in respect thereto.
(5) The Registrar-General is directed to make the relevant entry in the Adopted Childrens Register.
(6) No orders on costs.
Dated in Nyeri this 13 th day of March 2026.
ADOPTION CAUSE NO. E006 OF 2025 JUDGEMENT Page 9 of 9
IN THE MATTER OF ADOPTION OF
BABY ANGELICA NZILANI………………………………… A CHILD
BY
SAMAUEL MWANGI NDEGWA AND
PRICILA WANGARI KIANGI………………..JOINT APPLICANTS
JUDGEMENT
1. Before this Court is the Originating Summons dated 21 st May 2025 by which the Applicants SAMUEL MWANGI NDEGWA and PRICILA WANGARI KIANGI seek the following orders;-
“1. THAT the applicants be authorized to adopt the child BABY
ANGELICA NZILANI.
2. THAT the consent of the biological parents be dispensed with
as the child was abandoned.
3. THAT upon the making of the adoption orders the said child be
known as HOPE ANGEL WAIRIMU MWANGI.
4. THAT the Registrar General do make the appropriate entry of
HOPE ANGEL WAIRIMU MWANGI in the Adopted
Children’s Register.
5. THAT the child HOPE ANGEL WAIRIMU MWANGI be
presumed to be a Kenya citizen born in Kenya and that the
Director of Immigration Services do issue HOPE ANGEL
WAIRIMU MWANGI with a Kenyan passport.
6. THAT GLADYS NJERI NDEGWA be appointed Legal Guardian
of the child HOPE ANGEL WAIRIMU MWANGI.”
2. The application was supported by the statement of even date sworn by
both Applicants. The matter was canvassed by way of oral evidence in open court.
3. The Applicants are married couple. They have four (4) biological children
together. They now wish to adopt a child out of their desire to provide a needy child with a home. The Applicants both told the Court that they do understand the legal implications of an adoption order. They undertake to accord to the subject child all rights due to a biological child including the right to inherit.
ANALYSIS AND DETERMINATION
4. I have considered this application for adoption, the evidence adduced in
support thereof as well as the various reports filed in court.
5. The prerequisites for adoption are set out in Section 184(1) (a) and (b) of the Childrens Act 2022 as follows:-
“(1) A person shall not commence any arrangement for the
adoption of a child unless:-
(a) The council, in accordance with the rules, has declared the child free from adoption.
(b) The child has attained the age of six weeks.
6. The subject child is a girl-child was born on 13 th April 2019 . She is now
aged seven (7) years and is well above the six (6) week age limit provided for in the law.
7. CHILD WLEFARE SOCIETY OF KENYA which is a registered adoption
agency have annexed to their report dated 13 th June 2024 a certificate serial No. 1076 dated 11 th August 2021 declaring the child Free for Adoption. As such I am satisfied that all the legal ingredients for an adoption order have been met.
8. The duty of this court is to analyze the evidence on record to determine
whether the Applicants are suitable adoptive parents. The Applicants are both Kenyan Citizens as evidenced by the annexed copies of their National Identity Cards.
9. The Applicants are a couple who have been married to each other for the
past 28 years . Annexed to the summons is an Affidavit dated 16 th May 2019 sworn by both Applicants confirming that they got married to each other in May 1996 under Kikuyu customary law.
10. The Applicants’ union has been blessed with four (4) children, all sons
who range in age from 22 years to 15 years. They now seek to adopt
the subject child out of their desire to have a daughter and out of their
wish to provide a needy child with a home.
11. The 1 st Applicant is a Civil Servant working with the Nyeri County
Commissioner’s Office. He has availed a copy of a letter dated 18 th
February 2026 signed by the Deputy County Commissioner confirming
that he is a Principal Clerical Officer on the Accounts Department. The
2 nd Applicant is a business woman running a grocery shop in Chaka
Town . The couple are obviously financially stable and have the capacity
to provide for the needs of the child.
12. The Applicants are both Christians and intend to raise the child in the
Christian faith. They have annexed a copy of a recommendation letter dated 25 th February 2026 written by Rev Douglas Muchina Kariuki the Parish Minister PCEA church, Kigaiyo Parish.
13. The Applicants sons DILEN KAMAU and STEPHEN GITONGA testified
in this matter. They both stated that they were aware of and fully
supported the move by their parents to adopt the child. They stated
that they already view the child as their younger sister. The Applicants
sons BRIAN GITHENYA MWANGI and DILEN KAMAU
MWANGI have both sworn affidavits dated 27 th August 2022 giving
full consent to the adoption.
14. The Applicants told the court that they have appointed the 1 st Applicants
sister as the legal Guardian for the child. The said legal Guardian
GLADYS NJERI NDEGWA has signed an affidavit consenting to be
appointed as the legal guardian for the child. The Applicants have
produced copies of clearance certificates issued to them by the
Directorate of Criminal Investigations proving that neither has a criminal
record. All in all I am satisfied that the Applicants are suitable adoptive
parents.
15. The subject child is a girl-child who was born on 13 th April 2019 . The
child was abandoned aged only one (1) day old by the roadside at Maasaini Area in Sultan Hamud Sub-Location, Mukaa Sub-County in Makueni County . Upon being rescued by good Samaritans the baby was taken to Sultan-Hamud Sub-County Hospital and was admitted there for treatment. The abandonment was reported at Sultan-Hamud Police Station vide OB No. 18 of 13 th April 2019 . On 20 th May 2019 upon being discharged from the hospital the children’s court in Kilungu committed the child to AIC Baby Home in Kitui. Thereafter on 27 th August 2021 the child was placed into the custody of the Applicants under a Foster Care Agreement.
16. 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.”
17. The subject child was found abandoned shortly after birth in Makueni
County within the Republic of Kenya . I therefore declare the child
to be a Kenyan Citizen by birth.
18. Efforts by police to trace the biological mother or parents of the child
have not borne fruit. A final police letter dated 13 th April 2023 from the OCS Sultan Hamud Police Station confirms this fact. Additionally several adverts were placed on various dates in the Daily Newspapers seeking information about the parents of the child. These too yielded no positive results.
19. Given the fact of her abandonment, there exists no known person from
whom consent for this adoption can be sought and/or obtained. I
therefore waive the requirement for consent in line with Section 187
(1) of the Children Act .
20. In deciding upon any matter involving a child, courts are obliged to give
priority to the ‘ best interests’ of the said child. Section 8(1) of the
Children Act 2022 provides that:-
“(8) (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 .” [Own emphasis]
21. This is a child who was abandoned at birth. She faced an uncertain
future living in childrens homes/institutions. This adoption
provides the child with the opportunity to be raised in a loving and stable home environment.
22. I was able to see the child in court. She was healthy happy little girl
who was seated next to the Applicant’s son. The child confidently
answered all questions put to her. The child is obviously well cared for
and is happy in her environment.
23. The childrens officer conducted a Home Visit. The Applicants reside at
Chaka Town in Nyeri County where they own a six (6) bed-roomed
house. The home was found to be suitable for raising a young child.
24. The child has lived with the Applicants since she was two (2) year old –
a period of five (5) years. She has undoubtedly bonded with the family.
This is the only home the child knows. I have perused the reports filed
by the Guardian Ad Litem , the Adoption Agency and the Director
Childrens Services . All three reports were positive and all
recommend the adoption.
25. Finally I find that this adoption does serve the best interests of the
subject child. I allow this application for adoption and make the
following orders;-
(1) The Applicants SAMUEL MWANGI NDEGWA and PRICILA WANGARI KIANGI are authorized to adopt the child known as BABY ANGELICA NZILANI .
(2) Upon adoption the child will be known as HOPE ANGEL
WAIRIMU MWANGI .
(3) GLADYS NJERI NDEGWA is appointed as the legal Guardian for the child.
(4) The child is declared to be a citizen of Kenya by birth and is entitled to all the rights and benefits in respect thereto.
(5) The Registrar-General is directed to make the relevant entry in the Adopted Childrens Register.
(6) No orders on costs.
Dated in Nyeri this 13 th day of March 2026.
ADOPTION CAUSE NO. E006 OF 2025 JUDGEMENT Page 9 of 9