1. Vide Originating Summons, dated 31 st December, 2025 the Applicant herein seek the following orders, THAT :-
i. She be authorized to adopt BABY BRITNEY, a minor who is to be known as EMMA BRITNEYN WARUGURU NJUGUNA and the Registrar General be directed to enter this adoption into the Register of Adoptions.
ii. TITUS WATITU KIMANI and MERCY NYOKABI GATHUA WATITU be appointed as the Legal Guardians of the child.
iii. The child be presumed to be born in Kenya.
2. The Applicant is a single Kenyan Citizen residing in Nairobi County, employed by ENVIU Kenya as a Venture Builder Associate hence sufficient family income, finances and assets to enable her take good care of the child. She does not have biological children.
3. The Applicant has had custody of the minor since 27 th September, 2025. The minor is 3 years old. She both understands the implications of the adoption order, she is aware that the child will have full rights as would a biological child and the order is not reversible.
4. BABY BRITNEY AKA FAUSTINE BRITNEY AKA ABANDONED FEMALE INFANT is presumed to have been born on 17 th December 2022. The baby was found abandoned near Deliverance Church Metro in Ngong on 19 th December, 2022 by a Good Samaritan. The matter was reported to Ngong Police Station Vide OB No. 13/19/12/2022. Thereafter, the child was temporary placed at Hekima Place Inc Trust for care and protection. Later the child was fully committed to the same facility by a Senior Principle Magistrate’s Court sitting in Ngong on 25 th August, 2023 through Care and Protection Case Number MCP&CCO/E090/2023. On 9 th August, 2023 a final police letter in regards to the whereabouts of the parents bore no fruits prompting the child to be placed at the same facility.
5. That after the Applicant made a decision to adopt, she approached Buckner Kenya Adoption Services, she was taken through the explanatory memorandum and her duly signed Certificate of Acknowledgement dated 17 th February 2025, was obtained. Consequently, Committee sitting on 23 rd May 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 0907. Thereafter, the minor was placed with the Applicant for the mandatory bonding.
6. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. Mr. Nyaranga Odindo submitted a favourable report dated 27 th February 2026, stating that after observation, there was a strong bond between the Applicant and the minor, the Applicant is socially, financially 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-44SE4YMAG. The Officer averred that the Applicant has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process. Another positive report dated 2 nd March, 2026 from Guardian Ad litem recommended the Applicant to adopt the child.
7. Proposed Legal Guardians (TITUS WATITU KIMANI AND MERCY NYOKABI GATHUA WATITU) relatives to the Applicant consented to be legal guardians. Consequently they understands what the role entails in the event circumstances demand, they will assume full parental responsibility.
8. The Court interviewed the child and it was evident that the child has bonded well with the Applicant.
DETERMINATION
9. 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.
10. 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.
11. 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. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed.
12. 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.”
13. 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, TABITHA NJERI NJUGUNA is hereby allowed to adopt BABY BRITNEY AKA FAUSTINE BRITNEY AKA ABANDONED FEMALE INFANT.
b. Henceforth, the child shall be known as EMMA BRITNEY WARUGURU NJUGUNA.
c. Her date of birth shall be 17 th December 2022 .
d. She is presumed to be a Citizen of Kenya by birth.
e. TITUS WATITU KIMANI AND MERCY NYOKABI GATHUA WATITU are hereby appointed as Legal Guardians 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 to 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 24 TH DAY OF APRIL, 2026.
P. NYAUNDI
JUDGE
ADOPTION CAUSE NO. E 001 OF 2026 Page 5
i. She be authorized to adopt BABY BRITNEY, a minor who is to be known as EMMA BRITNEYN WARUGURU NJUGUNA and the Registrar General be directed to enter this adoption into the Register of Adoptions.
ii. TITUS WATITU KIMANI and MERCY NYOKABI GATHUA WATITU be appointed as the Legal Guardians of the child.
iii. The child be presumed to be born in Kenya.
2. The Applicant is a single Kenyan Citizen residing in Nairobi County, employed by ENVIU Kenya as a Venture Builder Associate hence sufficient family income, finances and assets to enable her take good care of the child. She does not have biological children.
3. The Applicant has had custody of the minor since 27 th September, 2025. The minor is 3 years old. She both understands the implications of the adoption order, she is aware that the child will have full rights as would a biological child and the order is not reversible.
4. BABY BRITNEY AKA FAUSTINE BRITNEY AKA ABANDONED FEMALE INFANT is presumed to have been born on 17 th December 2022. The baby was found abandoned near Deliverance Church Metro in Ngong on 19 th December, 2022 by a Good Samaritan. The matter was reported to Ngong Police Station Vide OB No. 13/19/12/2022. Thereafter, the child was temporary placed at Hekima Place Inc Trust for care and protection. Later the child was fully committed to the same facility by a Senior Principle Magistrate’s Court sitting in Ngong on 25 th August, 2023 through Care and Protection Case Number MCP&CCO/E090/2023. On 9 th August, 2023 a final police letter in regards to the whereabouts of the parents bore no fruits prompting the child to be placed at the same facility.
5. That after the Applicant made a decision to adopt, she approached Buckner Kenya Adoption Services, she was taken through the explanatory memorandum and her duly signed Certificate of Acknowledgement dated 17 th February 2025, was obtained. Consequently, Committee sitting on 23 rd May 2025, prepared a declaration report and issued a Certificate declaring the child free for adoption vide Freeing Certificate Serial Number 0907. Thereafter, the minor was placed with the Applicant for the mandatory bonding.
6. All the Statutory Reports that have been filed in respect of the proposed adoption of the child by the Applicants have recommended that this Court allows the Applicants to adopt the child. Mr. Nyaranga Odindo submitted a favourable report dated 27 th February 2026, stating that after observation, there was a strong bond between the Applicant and the minor, the Applicant is socially, financially 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-44SE4YMAG. The Officer averred that the Applicant has met the legal requirements for Local adoption as stipulated by the Children Act 2022 thus recommended the adoption process. Another positive report dated 2 nd March, 2026 from Guardian Ad litem recommended the Applicant to adopt the child.
7. Proposed Legal Guardians (TITUS WATITU KIMANI AND MERCY NYOKABI GATHUA WATITU) relatives to the Applicant consented to be legal guardians. Consequently they understands what the role entails in the event circumstances demand, they will assume full parental responsibility.
8. The Court interviewed the child and it was evident that the child has bonded well with the Applicant.
DETERMINATION
9. 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.
10. 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.
11. 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. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. This Court has satisfied itself that the Applicant is qualified and able to take care of the child. All the necessary Reports and consents required for this Adoption have been filed.
12. 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.”
13. 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, TABITHA NJERI NJUGUNA is hereby allowed to adopt BABY BRITNEY AKA FAUSTINE BRITNEY AKA ABANDONED FEMALE INFANT.
b. Henceforth, the child shall be known as EMMA BRITNEY WARUGURU NJUGUNA.
c. Her date of birth shall be 17 th December 2022 .
d. She is presumed to be a Citizen of Kenya by birth.
e. TITUS WATITU KIMANI AND MERCY NYOKABI GATHUA WATITU are hereby appointed as Legal Guardians 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 to 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 24 TH DAY OF APRIL, 2026.
P. NYAUNDI
JUDGE
ADOPTION CAUSE NO. E 001 OF 2026 Page 5