In re LZ alias EK [2025] KEHC 9792 (KLR)

In re LZ alias EK (Adoption Cause E301 of 2024) [2025] KEHC 9792 (KLR) (Family) (26 June 2025) (Judgment)

Neutral citation: [2025] KEHC 9792 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E301 of 2024

SN Riechi, J

June 26, 2025

IN THE MATTER OF ADOPTION OF LZ alias EK

In the matter of

JOK

Applicant

Judgment

1. The Applicant, JOK is a single applicant. The applicant is a Kenyan citizen aged 53 years old as evidenced by a copy of her national identification card number xxxxxxxx attached to the summons.

2. The applicant does not have a child of her own and she wishes to adopt a female child known as Baby LZ alias EKB who is 2 years five months old as evidenced by a copy of a birth notification serial number xxxxxxx attached to the application.

3. From the pleadings, the court finds that the applicant is an ICT Specialist employed by the Government of Kenya. The applicant resides in Buruburu Phase 3 within Nairobi County. She professes Christian faith.

4. The evidence on record indicates that child in this matter was born on 25th October 2022 at Nyambane SUB-County Hospital where her mother, EK died due to birth complications.

5. The evidence on record indicates the child remained at the newborn unit and no one came to claim her nor the body of her deceased mother. The facility therefore sought placement of the child at Neema Infant Rescue in Nanyuki for care and protection as evidenced by a copy of letter dated 14th March 2023 attached to the application.

6. From the evidence on record this court finds that the matter was reported at Maua Police Station vide O.B. No.xx/13/03/2023 at 1604 as evidenced by a copy of initial police letter attached to the application.

7. The evidence on record indicates that the Sub-County Children’s Officer,Igembe South made an application to the Children’s Court at Maua for Committal of the child into Neema Home for a period of one year as evidenced by attached Social Inquiry Report dated 17th March 2023 attached to the application.

8. The child was committed to the said Home on 17th March 2023 on 17th March 2023 through C&P Case No.E012 of 2023 as evidenced by committal order attached to the summons.

9. The applicant stated that the Medical Officer in Charge of the Hospital through a letter dated 17th March 2023,stated that the child had been discharged and handed over to a representative of Neema Home.

10. The evidence on record indicates that the child was consequently formally admitted into Neema Home on 17th March 2023 under Admission Number xxx/23 as evidenced in the attached Child’s Admission Form.

11. From evidence on Court record, a final police letter was issued on 18th March 2023 by Maua Police Station and it confirmed that no one went to the station to claim the abandoned child and their efforts to trace the kindred of the child have been futile as shown by a copy of final letter attached to the summons.

12. The applicants stated that she has no previous criminal record and no pending criminal prosecution as evidenced by her copy of police clearance certificate attached to the application.

13. The applicant is both physically and emotionally fit and healthy to parent, love and care for the child as evidenced by a copy of her Medical report attached to the application.

14. The applicants is financially stable and she is therefore able to provide fully for the child’s need as evidenced by copy of her financial documents attached to the application.

15. Prior to the hearing of the adoption application, Little Angels Network prepared and filed a report dated 2nd September 2021. They also issued a Certificate Serial No 0757 declaring the child free for adoption pursuant to section 156 (1) of the Children’s Act as evidenced by the copies of a report and certificate declaring a child free for Adoption attached to the application.

16. The guardian ad litem Ms.DO filed a report dated 22nd May 2025 which was favourable and recommended the adoption of the child by the Applicant.

17. Ms.Mary,the Assistant Director Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 27. 5.2025 . The report is positive and recommended the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant and that the Applicant has fulfilled the statutory requirements.

18. Ms. FVO and Mr.TOO consented to be appointed as legal guardian for the child and they filed their letters of consent attached to the application.

19. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child’s biological mother is deceased and child’s biological father whereabout is unknown. The child was in court during the virtual hearing and appeared to have bonded well with the Applicant.

20. I have examined the evidence herein against the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act,2022. I do find that it is in the best interest of the child to be adopted by the Applicant. I therefore allow the prayers sought in the amended originating Summons dated 16th December 2024 and Order as follows:i.The Applicant JOK is hereby allowed to adopt BABY LZ alias EK who shall henceforth be known as MNOii.Her date of birth shall be 25TH October 2022 at Nyambane Sub-County Hospital, Meru County. The child is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution.iii.Ms. FVO and Mr.TOO are hereby appointed the legal guardians of the child.iv.The Registrar General is directed to enter this Order in the Register of Adopted Children.v.The guardian ad litem is hereby discharged.

DELIVERED AT NAIROBI THIS 26THDAY OF JUNE 2025. ………………S. N. RIECHIJUDGE