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In re Adoption of Baby MA (Adoption Cause E007 of 2024) [2025] KEHC 19230 (KLR) (5 December 2025) (Judgment)

This judgment has been anonymised to protect personal information in compliance with the law.
In re Adoption of Baby MA (Adoption Cause E007 of 2024) [2025] KEHC 19230 (KLR) (5 December 2025) (Judgment)
Citation
In re Adoption of Baby MA [2025] KEHC 19230 (KLR)
Media Neutral Citation
[2025] KEHC 19230 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Allowed
Case number
Adoption Cause E007 of 2024
Judges
S Mbungi
Judgment date
5 December 2025
Language
English
Type
Judgment
Collections
Date published
22 January 2026
Case action
Judgment
Court division
Family
Filing county
Kakamega
Order
The application for adoption of baby MA by EMK allowed.
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1.The Applicant, EMK, born on 27th October 1978 (ID No. XXX) is a single adult Kenyan citizen residing in Sheywe, Kakamega County. She has moved this Court by way of an originating summons dated 22nd July 2022, seeking orders to adopt the infant child, MA.
2.The child, MA, was born on 22nd August 2022. She was born out of an alleged incestuous relationship between cousins. Both parents are from the Luhya community, whose strong cultural beliefs and taboos prohibit the raising of children born from such close familial ties. As a consequence, the child could not be integrated into her biological family or any close relatives.
3.The biological parents, who were minors at the time, the mother aged 17 and the father aged 18, consented to the child's release for adoption. This consent was given in line with Section 185(4)(c) of the Children's Act, 2022.“The following children shall be eligible for adoption:c)children who are willingly offered for adoption by their biological parents in accordance with regulations made under this Part.”
4.The child was formally committed to the care of Springs of Life Children's Home by an order of the Vihiga Sub-County Children's Court on 31st January 2023. She was admitted to the home on 13th December 2022. Subsequently, the Little Angels Network Adoption Society, having found the child free for adoption, placed her with the applicant on 9th March 2023 for a mandatory bonding period of six 6 months, which precedes the formal legal adoption process. Section 184(2) of the Children’s Act of 2022 on pre-requisites for Adoption states that:“A person, including a parent, guardian or adoption society, shall not, prior to the making of an adoption order, entrust a child to the care, possession or control of any person not qualified to adopt a child in accordance with this Act.”
5.The applicant, EMK, is a single woman. The pre-placement report by Little Angels Network dated 22nd July 2022 details her background, social support systems, and her demonstrated capability for guardianship. She is financially stable with a steady income and resides in a self-contained two-bedroom house in a conducive and safe environment in Sheywe, Kakamega County.
6.The applicant has undergone all requisite statutory checks and has been found suitable. She has provided:a.A medical report confirming she is medically fit to be an adoptive parent.b.Police Clearance Certificate, No. PCC-LLTXXX, dated 6th June 2022, confirming she has no criminal record.c.The Court has confirmed the following documents filed in support of this application:d.The Adoption application by the applicant dated 22nd July 2022.e.The foster care agreement between Springs of Life Children's Home and the applicant dated 9th March 2023.f.The certificate declaring the child free for adoption dated 1st March 2023.g.The report by Little Angels Network detailing the reasons for the child's adoption and her history.h.The letter of committal from the Vihiga Children's court dated 31st t January 2023, directing Springs of Life Children's Home to accommodate the child.i.The pre-placement report by Little Angels Network dated 22nd July 2022, approving the applicant for placement.j.The applicant's medical report.k.The applicant's police clearance certificate.l.The letter from Little Angels Network confirming the child is free for adoption by the applicant.m.Vihiga sub-county children office report detailing the child's circumstances and the cultural reasons for her need for adoption.n.The consent from the birth mother.o.The consent from the birth father dated 13th December 2022.p.The final children's officer's assessment report for the adoption.
Analysis
7.The paramount consideration in any adoption proceeding, as enshrined in Article 53(2) of the Constitution of Kenya and Section 8 of the Children's Act, is the best interests of the child.“Article 53(2) of the Costitution of Kenya:A child’s best interests are of paramount importance in every matter concerning the child.”“Section 8 of the Children's Act:All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to(a)safeguard and promote the rights and welfare of the child;(b)conserve and promote the welfare of the child; and(c)secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.”
8.In regard to the best interests of the child principle provided for under Article 53 (2) of the Constitution of Kenya, 2010 and Sections 8 (1), (2) and (3) of the Children’s Act No. 29 of 2022, this Court has an obligation to prioritize the child’s best interests in making decisions touching on her as outlined in Article 53 of the Constitution, 2010 states that a child’s best interests are of paramount importance in every matter concerning the child. This was pronounced in the case of MAA v ABS [2018] eKLR, where it was held that:“.... While considering this matter, this Court is alert to the welfare of the children herein who are of tender years. The matter is not about the applicant/appellant and the respondent; and their interests are secondary to those of the child. The foregoing provisions require this Court to treat the interests of the child as the first and paramount consideration and must do everything to inter alia safeguard, conserve and promote the rights and welfare of the child herein. Acting in the best interest of the children in question. This Court has examined the application in light of the relevant provisions of the Children’s Act, 2022, and the accompanying documentation.”
9.This Court has carefully evaluated the reports from the Little Angels Network, the Sub-County Children's Officer, and the foster care agreement. All reports are unanimous that the applicant and the child have bonded exceptionally well during the six-month placement period. The child is reported to be happy, healthy, and thriving in the Applicant's care.
10.The reports confirm that the applicant has fulfilled the criteria set out in the Children's Act, 2022 on section 184(1a) (b). The child has been declared free for adoption is three years hence the criteria is fulfilled.“A person shall not commence any arrangements for the adoption of a child unless(a)the Council, in accordance with the rules, has declared the child free for adoption; and (b)the child has attained the age of six weeks.”
11.This was held In re Adoption of Abandoned Child alias Abandoned baby Girl alias H alias I alias MH (Child) (Adoption Cause 7 of 2021) [2022] KEHC 10716 (KLR) (3 June 2022) that:“The subject child is above 6 weeks and below 18 years which age falls within the age bracket of any adoptive baby pursuant to section 156 of the children’s Act. Further, section 157 does recognize any child who is resident in Kenya whether born in Kenya or not to be eligible for adoption. I have no doubt the child is fit and qualifies for adoption.”
12.Section 186(2)(a) provides that the applicant must have attained the age of 25 years but not above 65 years, and Section 186(2)(b) requires that the applicant be at least 21 years older than the child. The applicants have satisfied the criteria. This was held in the case of re Baby JA (Adoption Cause 1 of 2019) [2023] KEHC 18707, the court held that:“the court is required to assess the suitability of the adoptive parents and in this case the applicants are Kenyan citizens thus qualifying the adoption to be a local one. They are 49 and 45 years respectively which places them under the age bracket of not less than 25 years or more than 65 (section 158 of the Children Act).”
13.The child has lived with the applicant for the statutory period demanded by Section 185(2)(a) of the Children’s Act, and has fully bonded with her. Section 185(2)(a) of the Children’s Act provides that the child must have been in the continuous care and control of the applicant for at least three consecutive months preceding the filing of the application.“Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless:(a)the child concerned has been in the continuous care and control of the applicant within Kenya for a period of three consecutive months preceding the filing of the application;”
14.Section 194(1)(g) and (h) requires that both the child and applicant be assessed by a registered adoption society, the report be delivered to court, and that the registered council certify the child as free for adoption. The Little Angels Adoption Agency has produced a certificate declaring that the child id free for adoption. Further, Kakamega Central Sub-County Children Office has provided a feedback after the lapse of the statutory custody care before an adoption permission is allowed to commence.
15.The circumstances of this case are particularly compelling. The child faced social exclusion and potential stigma due to her origins, a situation which is recognized as detrimental to a child's welfare. Placing her in a stable, loving, and permanent family is the only viable pathway to secure her right to family care, as guaranteed by the Constitution.
16.The Applicant has demonstrated the financial capacity, emotional stability, and moral integrity to provide a permanent and nurturing home for the child. The consent of the biological parents was freely given, and the child has been legally declared free for adoption.
Orders
17.That the application for adoption of baby MA by EMK is hereby allowed.
18.That the child shall henceforth be known as Melody Marylyne Wanjiku.
19.That the Registrar-General shall make the appropriate entries in the adopted children register.
20.That no order is made as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 5th DAY OF DECEMBER, 2025.S.MBUNGIJUDGEIn the presence of:-CA: Angong’a
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