1. Vide Exparte Originating Summons, dated 15 th September, 2025 the Applicant herein seeks the following orders, THAT :-
i. She be allowed to adopt the child currently identified as BABY PHOEBE ANNE.
ii. Henceforth, the child be renamed as PHIBY ANNE WANGECHI.
iii. The child’s date and place of birth be declared to be 20 th August, 2024 at Kitengela, Kajiado County.
iv. The child be presumed to be a Kenyan Citizen by birth; and consequently, be entitled to all the rights and benefits in respect thereof.
v. The Registrar General be directed to make the appropriate entries in the Adopted Children’s Register and issue a Certificate to that effect.
vi. The relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the child.
vii. The Director of Immigration Services be directed to issue a Passport to the child.
viii. EMMA WAIRIMU MUCHIRI be appointed as Legal Guardian of the child, in the event the Applicant herein is incapacitated or in any way unable to discharge her parental obligations.
ix. The guardian ad litem be discharged.
x. This Court do issue such further orders as are in the interest of justice.
2. The Applicant is a Kenyan single lady residing in Nairobi County. She is in gainful employment as she works as a Financial Controller and Accountant working at Boehringer Ingelherim, Middle East & Africa, Scientific Office, Kenya. The Applicant motivation to adopt stems from her desire to serve humanity. She understands the legal implications of the adoption order as she is aware that the child will have full rights as would a biological child and the order is not reversible. She does not have a biological child. She has had custody of the child for 6 months. The child is 1 year, 3 months old.
3. BABY PHOEBE ANNE (a female minor herein) is presumed to have been born on 20 th August, 2024. The child was found abandoned on 23 rd August, 2024 behind Sprouting Again Children’s Home by Good Samaritans. Thereafter, a report was made at Kitengela Police Station Vide OB Number 22/23/08/2024. The child was temporary placed on the same day at Mahali Pa Maisha Home. Pursuant to Court Order issued by the Children’s Court sitting at Kajiado, the child was officially committed on 23 rd September, 2024 to the same facility Vide P&C File No. E 038 of 2024. Later, Kitengela Police Station investigated and issued a final letter dated 26 th February, 2025 confirming that efforts to trace the biological parents of the child were futile as no one has ever come forward to claim the child.
4. In 2024, the Applicant approached Buckner Kenya Adoption Services with intention to adopt the child. She was taken through an Explanatory Memorandum and signed a Certificate of Acknowledgment dated 25 th April, 2024. Consequently, Case Committee sitting on 11 th October 2024, prepared a declaration report and issued a Certificate declaring child free for adoption Vide Freeing Certificate Serial Number 0844. The minor was placed with the Applicant for the mandatory bonding on 4 th April, 2025.
5. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicant has recommended that this Court allows the Applicant to adopt the child since it will be the best interest of the child. Ms. Mary Atati, Assistant Director Children’s Service, submitted a favourable report dated 17 th November 2025, in which she observed bond between the Applicant and the minor, the Applicant is socially stable to take good care of the child. The Applicant is clear of any criminal claim as evidenced by Certificate of Good Conduct annexed PCC-L5SBAYW5P. The Officer affirmed that the Applicant has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process.
6. Guardian Ad litem, Dorine Osiro also prepared a positive report dated 24 th November 2025 recommending the Applicant to adopt the child.
7. The Applicant’s sister (EMMA WAIRIMU MUCHIRI) was appointed to be the Legal Guardian in the event the Applicant is unable to discharge her responsibilities as she will assume full parental responsibility according to adoption orders.
DETERMINATION
8. After carefully assessing the records herein, I am satisfied that the Applicant has 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-
i. the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
ii. 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.
9. 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.
1. The Court has evaluated the facts of this Local Adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a Local 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 Applicant is qualified and able to take care of the child. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth.
10. 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.”
11. 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;
a. The Applicant, SUSAN WANGECHI MUCHIRI is hereby allowed to adopt BABY PHOEBE ANNE.
b. Henceforth, the child shall be known as PHIBBY ANNE WANGECHI.
c. Her date of birth shall be 20 TH AUGUST, 2024 at KITENGELA SUB COUNTY HOSPITAL
d. She is presumed to be a Citizen of Kenya by birth.
e. EMMA WAIRIMU MUCHIRI is hereby appointed as Legal Guardian of the child.
f. The Registrar General to enter this order in the Adoption Children Register.
g. The Registrar General to issue a Birth Certificate in respect of the child.
h. The Director Immigration is authorised to issue the child with a Kenyan Passport.
i. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 13 TH DAY OF FEBRUARY, 2026.
i. She be allowed to adopt the child currently identified as BABY PHOEBE ANNE.
ii. Henceforth, the child be renamed as PHIBY ANNE WANGECHI.
iii. The child’s date and place of birth be declared to be 20 th August, 2024 at Kitengela, Kajiado County.
iv. The child be presumed to be a Kenyan Citizen by birth; and consequently, be entitled to all the rights and benefits in respect thereof.
v. The Registrar General be directed to make the appropriate entries in the Adopted Children’s Register and issue a Certificate to that effect.
vi. The relevant department under the Civil Registration Services be directed to issue a post-adoption Certificate of Birth in respect of the child.
vii. The Director of Immigration Services be directed to issue a Passport to the child.
viii. EMMA WAIRIMU MUCHIRI be appointed as Legal Guardian of the child, in the event the Applicant herein is incapacitated or in any way unable to discharge her parental obligations.
ix. The guardian ad litem be discharged.
x. This Court do issue such further orders as are in the interest of justice.
2. The Applicant is a Kenyan single lady residing in Nairobi County. She is in gainful employment as she works as a Financial Controller and Accountant working at Boehringer Ingelherim, Middle East & Africa, Scientific Office, Kenya. The Applicant motivation to adopt stems from her desire to serve humanity. She understands the legal implications of the adoption order as she is aware that the child will have full rights as would a biological child and the order is not reversible. She does not have a biological child. She has had custody of the child for 6 months. The child is 1 year, 3 months old.
3. BABY PHOEBE ANNE (a female minor herein) is presumed to have been born on 20 th August, 2024. The child was found abandoned on 23 rd August, 2024 behind Sprouting Again Children’s Home by Good Samaritans. Thereafter, a report was made at Kitengela Police Station Vide OB Number 22/23/08/2024. The child was temporary placed on the same day at Mahali Pa Maisha Home. Pursuant to Court Order issued by the Children’s Court sitting at Kajiado, the child was officially committed on 23 rd September, 2024 to the same facility Vide P&C File No. E 038 of 2024. Later, Kitengela Police Station investigated and issued a final letter dated 26 th February, 2025 confirming that efforts to trace the biological parents of the child were futile as no one has ever come forward to claim the child.
4. In 2024, the Applicant approached Buckner Kenya Adoption Services with intention to adopt the child. She was taken through an Explanatory Memorandum and signed a Certificate of Acknowledgment dated 25 th April, 2024. Consequently, Case Committee sitting on 11 th October 2024, prepared a declaration report and issued a Certificate declaring child free for adoption Vide Freeing Certificate Serial Number 0844. The minor was placed with the Applicant for the mandatory bonding on 4 th April, 2025.
5. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicant has recommended that this Court allows the Applicant to adopt the child since it will be the best interest of the child. Ms. Mary Atati, Assistant Director Children’s Service, submitted a favourable report dated 17 th November 2025, in which she observed bond between the Applicant and the minor, the Applicant is socially stable to take good care of the child. The Applicant is clear of any criminal claim as evidenced by Certificate of Good Conduct annexed PCC-L5SBAYW5P. The Officer affirmed that the Applicant has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process.
6. Guardian Ad litem, Dorine Osiro also prepared a positive report dated 24 th November 2025 recommending the Applicant to adopt the child.
7. The Applicant’s sister (EMMA WAIRIMU MUCHIRI) was appointed to be the Legal Guardian in the event the Applicant is unable to discharge her responsibilities as she will assume full parental responsibility according to adoption orders.
DETERMINATION
8. After carefully assessing the records herein, I am satisfied that the Applicant has 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-
i. the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and
ii. 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.
9. 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.
1. The Court has evaluated the facts of this Local Adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a Local 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 Applicant is qualified and able to take care of the child. All the necessary Reports and consents signed by Applicant for this Adoption have been filed. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth.
10. 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.”
11. 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;
a. The Applicant, SUSAN WANGECHI MUCHIRI is hereby allowed to adopt BABY PHOEBE ANNE.
b. Henceforth, the child shall be known as PHIBBY ANNE WANGECHI.
c. Her date of birth shall be 20 TH AUGUST, 2024 at KITENGELA SUB COUNTY HOSPITAL
d. She is presumed to be a Citizen of Kenya by birth.
e. EMMA WAIRIMU MUCHIRI is hereby appointed as Legal Guardian of the child.
f. The Registrar General to enter this order in the Adoption Children Register.
g. The Registrar General to issue a Birth Certificate in respect of the child.
h. The Director Immigration is authorised to issue the child with a Kenyan Passport.
i. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 13 TH DAY OF FEBRUARY, 2026.