'
Vide Originating Summons, dated 3 RD March, 2025 the Applicants herein seek the following orders, THAT :-
The consent of the biological father JAMES KIOKO MUTHAMA is dispensed with since he has persistently failed to maintain the child and/or participate in the child’s life since birth and cannot be traced.
The Applicants be and are hereby authorized to adopt ZIMRI KIYO.
The Registrar-General do make the appropriate entries in the Adopted Children’s Register in respect of ZIMRI KIYO.
PENINAH WANJIRU MUGUNYU of identify card no. 10345965 is hereby appointed as legal guardian of ZIMRI KIYO in the event of death or incapacity of the Applicants.
The Court does issue such other orders as may be necessary in the best interest of the child.
The costs be in the cause.
The Applicants are Kenyan Citizen residing in Australia. The 1 st Applicant is a nurse They are in gainful employment. They are married couple having solemnized their union on 17th January, 2024 through Civil Marriage as per the annexed copy of marriage certificate serial number 0016924. That their union has been blessed with one child. Consequently, the 1 st Applicant is biological mother to the minor herein. They both understand the legal implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible.
BABY ZIMRI KIYO (the child herein) is presumed to have been born on 30 th October, 2016 at Kijabe Hospital to the 1st Applicant and James Kioko Muthama (minor’s biological father) as per annexed birth certificate serial number 6453448. It is said that the minor’s father left a few days after and his whereabouts is unknown. Later, the minor met the 2 nd Applicant when he was at a tender age and a strong bond between the two developed. They desire to have the child legally recognized as the adoptive 2 nd Applicant’s son so that he can exercise his parental responsibility, to have a sense of identity and belonging.
Thereafter, Applicants approached Kenya for Kenya Peace Initiative Adoption Agency KKPI, the Applicants were counselled at length, there were taken through an explanatory memorandum. That KKPI Adoption Agency through their case committee meeting approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption.
All the Statutory Reports from the Adoption Society, a report filed by Mary Atati, Assistant Director on 22nd July 2025 as well as a report from Winnie Waithira Mwicigi a Guardian Adlitem dated 13th May, 2025 been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by her own biological mother and step-father, it will be in the best interest of the child. Consequently, the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are financially stable to take good care of the child. They are mentally sound. The Applicants are clear of any criminal claims as evidenced by Australia Police Department thus the Officer recommending the adoption process.
PENINAH WANJIRU MUGUNYU, (Mother to the 1 st Applicant) Proposed Legal Guardian , consented to be the legal guardian for the minor. She understands the legal implications and she will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities.
Subsequently, the court interviewed the child and it was noted that he recognized Applicants as her parents.
DETERMINATION
After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by-
(1) (a) Sole applicant; or
(b) Two spouses jointly.
(2) The court shall not make an adoption order in any case unless-
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
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.
This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022 . The Court is conscious of the law; Article 53 Constitution of Kenya 2010 , Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child.
It is evident that the Applicants have fulfilled all the legal requirements of a Kinship Adoption as required under Section 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. The consent of the biological father of the child have been dispensed with since he disappeared after the minor was born.
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.”
This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with ORDERS that;
The Applicants, STAICEY WAMBUI KIYO AND DAVID MACHECHA GATERO are hereby allowed to adopt BABY ZIMRI KIYO.
Henceforth, the child shall be known as ZIMRI KIYO MACHECHA .
His date of birth shall be 30 th OCTOBER, 2016 at KIJABE HOSPITAL, KIAMBU COUNTY.
He is presumed to be a Citizen of Kenya by birth.
PENINAH WANJIRU MUGUNYU is hereby appointed as Legal Guardian of the child.
The Registrar General to enter this order in the Adoption Children Register.
The Registrar General to issue a Birth Certificate in respect of the child.
The Director Immigration is authorised to issue the child with a Kenyan Passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 TH DAY OF NOVEMBER, 2025.
'
Vide Originating Summons, dated 3 RD March, 2025 the Applicants herein seek the following orders, THAT :-
The consent of the biological father JAMES KIOKO MUTHAMA is dispensed with since he has persistently failed to maintain the child and/or participate in the child’s life since birth and cannot be traced.
The Applicants be and are hereby authorized to adopt ZIMRI KIYO.
The Registrar-General do make the appropriate entries in the Adopted Children’s Register in respect of ZIMRI KIYO.
PENINAH WANJIRU MUGUNYU of identify card no. 10345965 is hereby appointed as legal guardian of ZIMRI KIYO in the event of death or incapacity of the Applicants.
The Court does issue such other orders as may be necessary in the best interest of the child.
The costs be in the cause.
The Applicants are Kenyan Citizen residing in Australia. The 1 st Applicant is a nurse They are in gainful employment. They are married couple having solemnized their union on 17th January, 2024 through Civil Marriage as per the annexed copy of marriage certificate serial number 0016924. That their union has been blessed with one child. Consequently, the 1 st Applicant is biological mother to the minor herein. They both understand the legal implications of the adoption order, they are aware that the child will have full rights as would a biological child and the order is not reversible.
BABY ZIMRI KIYO (the child herein) is presumed to have been born on 30 th October, 2016 at Kijabe Hospital to the 1st Applicant and James Kioko Muthama (minor’s biological father) as per annexed birth certificate serial number 6453448. It is said that the minor’s father left a few days after and his whereabouts is unknown. Later, the minor met the 2 nd Applicant when he was at a tender age and a strong bond between the two developed. They desire to have the child legally recognized as the adoptive 2 nd Applicant’s son so that he can exercise his parental responsibility, to have a sense of identity and belonging.
Thereafter, Applicants approached Kenya for Kenya Peace Initiative Adoption Agency KKPI, the Applicants were counselled at length, there were taken through an explanatory memorandum. That KKPI Adoption Agency through their case committee meeting approved and confirmed that they had assessed the Applicants and found them suitable adoptive parents and further that the adoption would be in the child’s best interest therefore declared the child free for adoption.
All the Statutory Reports from the Adoption Society, a report filed by Mary Atati, Assistant Director on 22nd July 2025 as well as a report from Winnie Waithira Mwicigi a Guardian Adlitem dated 13th May, 2025 been filed in respect of the proposed adoption of the child by the Applicants have recommended this Court allows the Applicants to adopt the child. This being a Kinship adoption where the child is being adopted by her own biological mother and step-father, it will be in the best interest of the child. Consequently, the Applicants have met the legal requirements for Kinship adoption as stipulated by the Children Act. They are financially stable to take good care of the child. They are mentally sound. The Applicants are clear of any criminal claims as evidenced by Australia Police Department thus the Officer recommending the adoption process.
PENINAH WANJIRU MUGUNYU, (Mother to the 1 st Applicant) Proposed Legal Guardian , consented to be the legal guardian for the minor. She understands the legal implications and she will assume full parental responsibility in the event the Applicants are unable to discharge their responsibilities.
Subsequently, the court interviewed the child and it was noted that he recognized Applicants as her parents.
DETERMINATION
After carefully assessing the records herein, I am satisfied that the Applicants have fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides. The Court may make an adoption order on application by-
(1) (a) Sole applicant; or
(b) Two spouses jointly.
(2) The court shall not make an adoption order in any case unless-
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
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.
This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022 . The Court is conscious of the law; Article 53 Constitution of Kenya 2010 , Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child.
It is evident that the Applicants have fulfilled all the legal requirements of a Kinship Adoption as required under Section 193 of the Children’s Act, 2022. The guiding principle remains in the best interests of the child pursuant to Section 8 and 194 (1) (c) of the Children’s Act Cap 141 of the Laws of Kenya. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed. The consent of the biological father of the child have been dispensed with since he disappeared after the minor was born.
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.”
This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the application with ORDERS that;
The Applicants, STAICEY WAMBUI KIYO AND DAVID MACHECHA GATERO are hereby allowed to adopt BABY ZIMRI KIYO.
Henceforth, the child shall be known as ZIMRI KIYO MACHECHA .
His date of birth shall be 30 th OCTOBER, 2016 at KIJABE HOSPITAL, KIAMBU COUNTY.
He is presumed to be a Citizen of Kenya by birth.
PENINAH WANJIRU MUGUNYU is hereby appointed as Legal Guardian of the child.
The Registrar General to enter this order in the Adoption Children Register.
The Registrar General to issue a Birth Certificate in respect of the child.
The Director Immigration is authorised to issue the child with a Kenyan Passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 TH DAY OF NOVEMBER, 2025.
'