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JudgmentZ.W VS6 min read

Z.W VS

High Court at Nyeri High Court · · Maureen Odero

ADOPTION CAUSE NO. E008 OF 2025

IN THE MATTER OF ADOPTION OF

BABY BARAKA MUGENDI………………………………… A CHILD

ZIPPORAH WANJIRU……………………..…………..APPLICANT

JUDGEMENT

1. Before this Court is the Originating Summons dated 2 nd October 2025 by which the Applicant ZIPPORAH WANJIRU seeks the following orders:-

“(1) THAT the Applicant be authorized to adopt BABY BARAKA

MUGENDI a child who is to be known as DELIJAH LOPONU

LESAIGOR and the Registrar General be directed to enter this

adoption into the Register of Adoption.

(2) THAT MONICA WANJIKU MWANGI be appointed as the legal

Guardian of the child.

(3) THAT the child be presumed to be born in RUKINDU, Meru South

in the Republic of Kenya.”

2. The application was supported by the statement of even date sworn by

the Applicant.

3. The Applicant is a single woman who has never been married and has no

biological child of her own. She now seeks to adopt a child in order to fulfil her desire to have a family of her own. The applicant confirmed to the court that she understood the legal implications of an adoption order. She undertook to accord to the subject child all the rights which are due to a biological child including the right of inheritance.

ANALYSIS AND DETERMINATION

4. I have considered this application for adoption, the evidence adduced in

support thereof as well as the various reports filed in court.

5. The prerequisites for adoption are set out in Section 184 (1) (a) and

(b) of the Children Act 2022 as follows:-

“(1) A person shall not commence any arrangement for the

adoption of a child unless:-

(a) The council, in accordance with the rules, has declared the child free for adoption.

(b) The child has attained the age of six weeks.”

6. The subject child is believed to have been born on 11 th December 2019 .

A copy of the Certificate of Birth Serial No. 1419946 issued for the child

is annexed to this Summons at Page 38 . She is therefore now aged

seven (7) years old and is well above the six (6) week age limit

provided for in law.

7. CHANGE TRUST which is a registered adoption agency have annexed

to their report their certificate Serial No. 00761 dated 18 th December

2024 declaring the child Free for Adoption. (See page 36 )

As such I am satisfied that all the legal prerequisites for an adoption

order have been met.

8. The Applicant is a Kenyan citizen as is evidenced by the annexed copy of

her national identity card. The Applicant is a single woman who has

never been married and who due to medical complications is unable to

bear a child of her own. She has therefore opted for adoption as a means

to fulfil her desire to have a child to call her own.

9. The Applicant lives in the Rumuruti area of Laikipia County . She is a

business woman dealing in cereals. The Applicant is of good health and

is mentally fit and will able to raise a child.

10. The Applicant is a Christian and intends to raise the child in the Christian

faith. The Applicant has annexed a copy of a Police Clearance

Certificate issued by the Directorate of Criminal Investigations proving

that she has no criminal record.

11. The Applicant stated that her family are aware of and fully support her

intention to adopt the child. She has appointed a relative Monica

Wanjiru Mwangi as the legal guardian for the child. The said legal

guardian has signed consent dated 11 th January 2023 confirming her

willingness to be appointed as the child’s legal guardian. Based on the

above I am satisfied that the Applicant is suitable adoptive parent.

12. The subject child is believed to have been born on 11 th December

2023 . Shortly after her birth the child was abandoned outside the gate

of Kenya Connection Kids Rukindu Childrens Home. A social worker at

the home rescued the baby and the matter was reported to Chuka

Police Station vide OB Number 22 of 13 th December 2023 and the

baby was taken to the Chuka Referral Hospital for examination.

13. On 15 th December 2023 the Chuka Childrens Court Committed the

child to Neema Infant Rescue Centre as a child in need of care and

protection. On 19 th December 2024 the child was placed into the

custody of the Applicant under a Foster Care Agreement.

14. 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.”

15. The subject was found abandoned at birth at Rukindu in Meru County

within the Republic of Kenya . I therefore declare the child to be a

Kenyan Citizen by birth.

16. Efforts by police to trace the biological mother of the child have borne

no fruit. To date no person has come forward to claim the child. A final

police letter dated 14 th December 2024 (Page 33) is proof of this fact.

17. Given the fact of her abandonment, there exists no known person from

whom consent for this adoption can be sought and/or obtained. I

therefore waive the requirement for consent in line with Section 187

(1) of the Children Act .

18. In deciding upon any matter involving a child, courts are obliged to

give priority to the ‘best interests’ of the said child. Section 8(1) of the

Children Act 2022 provides that:-

“(8) (1) In all actions concerning children, whether

undertaken by public or private social welfare institutions,

courts of law, administrative authorities or legislative

bodies.

(a) The best interests of the child shall be the primary consideration .” [Own emphasis]

19. This is a child who was abandoned at birth. She faced an uncertain

future living in childrens homes/institutions. This adoption provides the

child with the opportunity to be raised in a loving and stable home

environment.

20. I was able to see the child in court. She was a healthy happy little girl

who readily answered all questions put to her. The child was smiling

and at ease. The child is obviously well cared for and is happy in her

environment.

21. The childrens officer conducted a Home Visit on 12 th February 2026 .

The Applicant resides in Rumuruti area of Laikipia County. They

reside in one bed-roomed house. The home was well furnished and

was found to be suitable for raising a young child.

22. The child has lived with the Applicant since she was five (5) years old

- a period of one (1) year. She has undoubtedly bonded with the

Applicant whom she recognizes as her mother. This is the only home

the child knows. I have perused the reports filed by the Guardian Ad

Litem , the Adoption Agency and the Director Children Services .

All three reports were positive and all recommend the adoption.

23. Finally I find that this adoption does serve the best interests of the

subject child. I allow this application for adoption and make the

following orders;-

(1) The Applicant ZIPPORAH WANJIRU is authorized to adopt the child known as BABY BARAKA MUGENDI .

(2) Upon adoption the child will be known as DELIJAH LOPONU

LESAIGOR .

(3) The child is declared to be a Kenyan citizen by birth and is

entitled to all the rights and benefits in respect thereof.

(4) MONICA WANJIRU MWANGI is appointed as the legal guardian of the child.

(5) The Registrar-General is directed to make the relevant entry

in the adopted childrens register.

(6) No orders on costs.

Dated in Nyeri this 19 th day of March 2026.

ADOPTION CAUSE NO. E008 OF 2025 JUDGEMENT Page 7 of 8
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