' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. E014 OF 2024
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF BABY EMMANUEL MATHEWS
BENSON KAMAU NJOGU
SALOME WANJIKU…………….…....……......………………. APPLICANTS
JUDGMENT
The application is brought by way of an Originating Summons and is dated the 20 th August, 2024 and is premised under the provisions of Sections 8 & 183 of the Children’s Act 2022; Section 9 of the Kenya Citizenship and Immigration Act No.12 of 2011 & Article 14, Constitution of Kenya 2010; The Applicants seek the following Orders;
THAT the Applicants be authorized to adopt BABY EMMANUEL MATHEWS;
THAT the consent of the biological parents be dispensed with as the child was abandoned.
THAT upon the making the adoption orders the said child will be known as EMMANUEL ALLAN NJOGU KAMAU;
THAT the Registrar General do make the appropriate entry of EMMANUEL ALLAN NJOGU KAMAU in the Adopted Children’s Register.
THAT the child EMMANUEL ALLAN NJOGU KAMAU be presumed to be a Kenyan citizen born in Kenya and be issued with a Kenyan Passport;
THAT the entry reflects the child’s father as BENSON KAMAU NJOGU
THAT FELISTA NJERI MUTURI be appointed as legal guardian of the child EMMANUEL ALLAN NJOGU KAMAU.
The application was supported by a joint Affidavit made by the Applicants; The Guardian Ad Litem ALICE GATHONI KARIUKI was appointed on the 13 TH November, 2024 ; This Court directed the Director of Children’s Services and the Guardian Ad Litem to carry out a home visit to do investigations and to file their Reports.
After visiting and interrogating the Applicant the Kabete Sub-County Children''s Officer and the Guardian Ad Litem filed their respective Reports on the Applicant’s suitability to adopt BABY EMMANUEL MATHEWS the reports were duly filed in court and are dated 14/07/2025 and 6/02/2025; both reports are highly favourable to the Applicants and recommend their suitability as adoptive parents.
The child BABY EMMANUEL MATHEWS who is male is presumed to have been born in 21 st April, 2017; on the 29 th April, 2017 when he was about one (1) week old he was found abandoned near Boni Flowers along Chokaa Area of Njiru Sub-County in Nairobi County; The case was reported at Mawe Mbili Police Station vide OB No. 12/29/04/2017 and he placed at CHILD WELFARE SOCIETY OF KENYA for temporary care and protection ; BABY EMMANUEL MATHEWS was later transferred on 3 rd May, 2017 to ABANDONED BABY CENTRE for temporary shelter, care and protection whilst awaiting committal; under the PROTECTION AND CARE CASE NO. 264 of 2017 the Children’s Court sitting at Nairobi Childrens’ Court BABY EMMANUEL MATHEWS was formally committed vide Order issued on 3/06/2021 to the CHILD WELFARE SOCIETY OF KENYA for protection and care; The child was placed with the Applicants on 28/05/2018 when he was about One (1) year old on a foster care arrangement; On the 27 th June 2023 he was declared free for adoption under Section 156(1) of the Children''s Act and a Certificate Serial Number 1057 was issued by Child Welfare Society of Kenya.
After reading and taking into consideration the contents of these Reports this court was satisfied that all the legal requirements had been adhered to notably; the Applicants are Kenyan citizens and they started cohabiting together in 2004 and their union was solemnized on 11/11/2016 at Rungiri Presbyterian Church of East Africa and Certificate No. was issued verifying the marriage; at the time of filing this application the prospective adoptive parent BENSON KAMAU NJOGU w as aged 52 years and SALOME WANJIKU KAMAU was aged 46 years therefore their age brackets fall within the prescribed legal parameters; Both prospective parents are self- employed and carry on business in Kiambu County and have produced into court copies of their Bank Statements to prove their financial capability to support BABY EMMANUEL MATHEWS when they assume responsibility of his upbringing .
Their Certificates of Good Conduct are current and valid and this Court is satisfied that there are no adverse circumstances discernible from the Applicants’ families or any individual characteristics or lifestyle that would be detrimental to the baby;
It is noted that this is was a case of abandonment and therefore this Court will dispense with the requirement that written consent be given by the biological parent(s); This Court takes note that the consent of the proposed Legal Guardian FELISTA NJERI MUTURI has also been duly filed.
For the reasons stated above this court is satisfied that the Applicants have fulfilled all the pre-requisites for adoption orders and are found to be suitable persons to adopt BABY EMMANUEL MATHEWS and the court is further satisfied that the order for adoption will be in the best interest of the child and he appeared in court with the prospective parent and this Court had the opportunity to observe him and took note of his happy demeanor;
FINDINGS & DETERMINATION
For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed;
The Applicants BENSON KAMAU NJOGU and SALOME WANJIKU be and are hereby authorized to adopt BABY EMMANUEL MATHEWS he shall be known as EMMANUEL ALLAN NJOGU KAMAU.
The Registrar General be and is hereby directed to enter this adoption order of EMMANUEL ALLAN NJOGU KAMAU in the Adopted Children’s Register; the Registrar General be and is hereby directed to issue a Certificate of Birth in the name EMMANUEL ALLAN NJOGU KAMAU.
The Guardian Ad Litem ALICE GATHONI KARIUKI is hereby discharged and FELISTA NJERI MUTURI be and is hereby appointed to stand in as next of kin and legal guardian to EMMANUEL ALLAN NJOGU KAMAU until the minor attains the age of majority of eighteen (18) years.
Orders Accordingly.
DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 10 TH DAY OF SEPTEMBER, 2025.
HON.A. MSHILA
JUDGE
In the presence of;
Sanja – Court Assistant
Applicants – present in person
'
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. E014 OF 2024
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF BABY EMMANUEL MATHEWS
BENSON KAMAU NJOGU
SALOME WANJIKU…………….…....……......………………. APPLICANTS
JUDGMENT
The application is brought by way of an Originating Summons and is dated the 20 th August, 2024 and is premised under the provisions of Sections 8 & 183 of the Children’s Act 2022; Section 9 of the Kenya Citizenship and Immigration Act No.12 of 2011 & Article 14, Constitution of Kenya 2010; The Applicants seek the following Orders;
THAT the Applicants be authorized to adopt BABY EMMANUEL MATHEWS;
THAT the consent of the biological parents be dispensed with as the child was abandoned.
THAT upon the making the adoption orders the said child will be known as EMMANUEL ALLAN NJOGU KAMAU;
THAT the Registrar General do make the appropriate entry of EMMANUEL ALLAN NJOGU KAMAU in the Adopted Children’s Register.
THAT the child EMMANUEL ALLAN NJOGU KAMAU be presumed to be a Kenyan citizen born in Kenya and be issued with a Kenyan Passport;
THAT the entry reflects the child’s father as BENSON KAMAU NJOGU
THAT FELISTA NJERI MUTURI be appointed as legal guardian of the child EMMANUEL ALLAN NJOGU KAMAU.
The application was supported by a joint Affidavit made by the Applicants; The Guardian Ad Litem ALICE GATHONI KARIUKI was appointed on the 13 TH November, 2024 ; This Court directed the Director of Children’s Services and the Guardian Ad Litem to carry out a home visit to do investigations and to file their Reports.
After visiting and interrogating the Applicant the Kabete Sub-County Children''s Officer and the Guardian Ad Litem filed their respective Reports on the Applicant’s suitability to adopt BABY EMMANUEL MATHEWS the reports were duly filed in court and are dated 14/07/2025 and 6/02/2025; both reports are highly favourable to the Applicants and recommend their suitability as adoptive parents.
The child BABY EMMANUEL MATHEWS who is male is presumed to have been born in 21 st April, 2017; on the 29 th April, 2017 when he was about one (1) week old he was found abandoned near Boni Flowers along Chokaa Area of Njiru Sub-County in Nairobi County; The case was reported at Mawe Mbili Police Station vide OB No. 12/29/04/2017 and he placed at CHILD WELFARE SOCIETY OF KENYA for temporary care and protection ; BABY EMMANUEL MATHEWS was later transferred on 3 rd May, 2017 to ABANDONED BABY CENTRE for temporary shelter, care and protection whilst awaiting committal; under the PROTECTION AND CARE CASE NO. 264 of 2017 the Children’s Court sitting at Nairobi Childrens’ Court BABY EMMANUEL MATHEWS was formally committed vide Order issued on 3/06/2021 to the CHILD WELFARE SOCIETY OF KENYA for protection and care; The child was placed with the Applicants on 28/05/2018 when he was about One (1) year old on a foster care arrangement; On the 27 th June 2023 he was declared free for adoption under Section 156(1) of the Children''s Act and a Certificate Serial Number 1057 was issued by Child Welfare Society of Kenya.
After reading and taking into consideration the contents of these Reports this court was satisfied that all the legal requirements had been adhered to notably; the Applicants are Kenyan citizens and they started cohabiting together in 2004 and their union was solemnized on 11/11/2016 at Rungiri Presbyterian Church of East Africa and Certificate No. was issued verifying the marriage; at the time of filing this application the prospective adoptive parent BENSON KAMAU NJOGU w as aged 52 years and SALOME WANJIKU KAMAU was aged 46 years therefore their age brackets fall within the prescribed legal parameters; Both prospective parents are self- employed and carry on business in Kiambu County and have produced into court copies of their Bank Statements to prove their financial capability to support BABY EMMANUEL MATHEWS when they assume responsibility of his upbringing .
Their Certificates of Good Conduct are current and valid and this Court is satisfied that there are no adverse circumstances discernible from the Applicants’ families or any individual characteristics or lifestyle that would be detrimental to the baby;
It is noted that this is was a case of abandonment and therefore this Court will dispense with the requirement that written consent be given by the biological parent(s); This Court takes note that the consent of the proposed Legal Guardian FELISTA NJERI MUTURI has also been duly filed.
For the reasons stated above this court is satisfied that the Applicants have fulfilled all the pre-requisites for adoption orders and are found to be suitable persons to adopt BABY EMMANUEL MATHEWS and the court is further satisfied that the order for adoption will be in the best interest of the child and he appeared in court with the prospective parent and this Court had the opportunity to observe him and took note of his happy demeanor;
FINDINGS & DETERMINATION
For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed;
The Applicants BENSON KAMAU NJOGU and SALOME WANJIKU be and are hereby authorized to adopt BABY EMMANUEL MATHEWS he shall be known as EMMANUEL ALLAN NJOGU KAMAU.
The Registrar General be and is hereby directed to enter this adoption order of EMMANUEL ALLAN NJOGU KAMAU in the Adopted Children’s Register; the Registrar General be and is hereby directed to issue a Certificate of Birth in the name EMMANUEL ALLAN NJOGU KAMAU.
The Guardian Ad Litem ALICE GATHONI KARIUKI is hereby discharged and FELISTA NJERI MUTURI be and is hereby appointed to stand in as next of kin and legal guardian to EMMANUEL ALLAN NJOGU KAMAU until the minor attains the age of majority of eighteen (18) years.
Orders Accordingly.
DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 10 TH DAY OF SEPTEMBER, 2025.
HON.A. MSHILA
JUDGE
In the presence of;
Sanja – Court Assistant
Applicants – present in person
'