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1. This is an application by Sole Applicant Winfred Karoki Kimari for orders under Section 8 & 183 of the Children Act, Section 9 of the Kenya Citizenship & Immigration Act No. 12 of 2011 and Article 14 of the Constitution .
2. She seeks that: - She be ;
1) Authorized to adopt Baby Neema whose name should be entered in the adoption register as Neema Yovela Kanana Kimari.
2) That Neema Yovela Kanana Kimari be presumed to be Kenyan Citizen and be issued with a Kenya passport accordingly.
3) That Gilbert Murangiri Kimari - be approved the legal guardian.
3. I have heard the testimony of the applicant and the legal guardian. I have read and considered each of the reports; from the Adoption
Agency, Child Welfare Society, from the Director Children Services, and from the guardian ad litem;
4. I have considered the application plus all the annexures therewith and the issue for determination is whether the application from an order of adoption is merited.
5. The applicant has complied with all the requirements of section 186 of the Children Act.
6. The applicant has complied with Section 185 of the Act.
7. The child was declared free for adoption vide certificate No. 1132 issued on 23/3/2023 by Child Welfare Society of Kenya.
8. From the social inquiry report the child was abandoned near Murang’a Level 5 Hospital, a report was made at Murang’s Police station vide OB 43/18/2/2022. The child was committed to CWSK - Murang’a Rescue Centre on 28/2/2022. The child was committed vide court order in Protection and Care E011/2022 Murang’a PM’s Court - CWSK through advertisements in Newspapers; People Daily 26/3/2022- 2/12/2022 tried to get the child to be claimed by relatives in vain.
9. The child was given to the custody of the applicant on 25/5/2023 and has been in the custody of the applicant since then.
10. Clearly the child was a child in need of care and protection because she was abandoned.
11. The Children Act provides for alternative families for such children in the best interest of the child as provided for Article 53 of the Constitution in the fulfilment of the right of every child to care by parents.
12. In this case - the child will acquire a family, a lineage, a name , a nationality and all the rights , privileges that come with that.
13. The applicant will get to exercise parental responsibility and be a parent, have the opportunity to raise a child - create a generation for herself and the child.
14. Hence it is my view that – the applicant has seen found suitable - she has appointed a suitable legal guardian - and she and the child have bonded.
15. In fulfillment of Article 53(2) and Section 8 of the Children Act
It is right, just and proper to allow the application. It is allowed and the following orders be and are hereby issued:-
1) The applicant be and is hereby authorized to adopt the child Baby Neema.
2) The consent of the biological parents be and is hereby dispensed with as the child was abandoned.
3) The child be known as Neema Yovela Kanana Kimari.
4) The Registrar General be and is hereby directed tomake the appropriate entry of Neema Yovela Kanana Kimari in the Adopted Children’s Register.
5) The child Neema Yovela Kanana Kimari be and is hereby presumed to be a Kenyan Citizen born in Kenya and the Director of Immigration Services is directed to issue Neema Yovela Kanana Kimari with a Kenyan passport.
6) Gilbert Murangiri Kimari is the legal guardian of the child Neema Yovela Kanana Kimari
16. The guardian ad litem be and is hereby discharged.
17. Pursuant to Section 194(2) of the Children Act - the Adoption Agency and DCS to provide Psychosocial support to the Adoptive Parent and her child for the next 18 months and a report be filed every quarter with the Deputy Registrar. The order be served upon them through the In charge registry
Dated, signed and delivered this 3rd October 2025
Mumbua T Matheka
Judge
Applicant
Chrispol
'
1. This is an application by Sole Applicant Winfred Karoki Kimari for orders under Section 8 & 183 of the Children Act, Section 9 of the Kenya Citizenship & Immigration Act No. 12 of 2011 and Article 14 of the Constitution .
2. She seeks that: - She be ;
1) Authorized to adopt Baby Neema whose name should be entered in the adoption register as Neema Yovela Kanana Kimari.
2) That Neema Yovela Kanana Kimari be presumed to be Kenyan Citizen and be issued with a Kenya passport accordingly.
3) That Gilbert Murangiri Kimari - be approved the legal guardian.
3. I have heard the testimony of the applicant and the legal guardian. I have read and considered each of the reports; from the Adoption
Agency, Child Welfare Society, from the Director Children Services, and from the guardian ad litem;
4. I have considered the application plus all the annexures therewith and the issue for determination is whether the application from an order of adoption is merited.
5. The applicant has complied with all the requirements of section 186 of the Children Act.
6. The applicant has complied with Section 185 of the Act.
7. The child was declared free for adoption vide certificate No. 1132 issued on 23/3/2023 by Child Welfare Society of Kenya.
8. From the social inquiry report the child was abandoned near Murang’a Level 5 Hospital, a report was made at Murang’s Police station vide OB 43/18/2/2022. The child was committed to CWSK - Murang’a Rescue Centre on 28/2/2022. The child was committed vide court order in Protection and Care E011/2022 Murang’a PM’s Court - CWSK through advertisements in Newspapers; People Daily 26/3/2022- 2/12/2022 tried to get the child to be claimed by relatives in vain.
9. The child was given to the custody of the applicant on 25/5/2023 and has been in the custody of the applicant since then.
10. Clearly the child was a child in need of care and protection because she was abandoned.
11. The Children Act provides for alternative families for such children in the best interest of the child as provided for Article 53 of the Constitution in the fulfilment of the right of every child to care by parents.
12. In this case - the child will acquire a family, a lineage, a name , a nationality and all the rights , privileges that come with that.
13. The applicant will get to exercise parental responsibility and be a parent, have the opportunity to raise a child - create a generation for herself and the child.
14. Hence it is my view that – the applicant has seen found suitable - she has appointed a suitable legal guardian - and she and the child have bonded.
15. In fulfillment of Article 53(2) and Section 8 of the Children Act
It is right, just and proper to allow the application. It is allowed and the following orders be and are hereby issued:-
1) The applicant be and is hereby authorized to adopt the child Baby Neema.
2) The consent of the biological parents be and is hereby dispensed with as the child was abandoned.
3) The child be known as Neema Yovela Kanana Kimari.
4) The Registrar General be and is hereby directed tomake the appropriate entry of Neema Yovela Kanana Kimari in the Adopted Children’s Register.
5) The child Neema Yovela Kanana Kimari be and is hereby presumed to be a Kenyan Citizen born in Kenya and the Director of Immigration Services is directed to issue Neema Yovela Kanana Kimari with a Kenyan passport.
6) Gilbert Murangiri Kimari is the legal guardian of the child Neema Yovela Kanana Kimari
16. The guardian ad litem be and is hereby discharged.
17. Pursuant to Section 194(2) of the Children Act - the Adoption Agency and DCS to provide Psychosocial support to the Adoptive Parent and her child for the next 18 months and a report be filed every quarter with the Deputy Registrar. The order be served upon them through the In charge registry
Dated, signed and delivered this 3rd October 2025
Mumbua T Matheka
Judge
Applicant
Chrispol
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