By Eldoret Correspondent
Eldoret, May 15 — A 54-year-old businesswoman from Eldoret has been granted legal permission to adopt a two-year-old girl born to a visually impaired woman who became pregnant after being raped in Kakamega County.
High Court Judge Reuben Nyakundi, sitting in Eldoret, allowed the woman—who is unmarried, childless, and of sound mind—to legally adopt the child, citing the best interests of the child as paramount. The baby, born on October 17, 2022, will now be known as JJN following the judgment in Adoption Cause E002 of 2025.
The birth mother, referred to as PI in court documents, was sexually assaulted by an unknown assailant in February 2022. Being visually impaired and unable to raise the child, PI—together with the child’s grandfather—approached the Kakamega East Sub-County Children’s Office to surrender the child for adoption. The baby was formally committed to PEFA Rehema Children’s Home on November 25, 2022, and declared legally available for adoption by the Child Welfare Society of Kenya.
The Court noted that PI’s disability and the trauma of sexual violence were significant factors influencing her decision to relinquish parental rights, underscoring the difficult circumstances under which some children come into the care system.
“This Court recognizes the compounded vulnerabilities faced by the biological mother owing to her disability and the circumstances of conception. It is commendable that she, with family support, chose a lawful and structured means to secure the child’s future,” Justice Nyakundi observed in his ruling.
The child has been in the custody of the adoptive applicant since October 30, 2023, under a foster care arrangement. Social workers who conducted home assessments and interviews confirmed that the child had bonded well with the new family in Mountain View Estate, Turbo Sub-County, Uasin Gishu County.
A report by the Directorate of Children’s Services, dated May 9, 2025, recommended the adoption, citing the applicant’s financial stability, clean criminal record, and commitment to the child’s well-being. The woman also appointed her brother, FMG, as the child’s legal guardian in the event of her absence.
In line with the Children’s Act 2022 and Article 53(2) of the Constitution, which states that “a child’s best interests are of paramount importance in every matter concerning the child,” the court found all legal and ethical conditions for adoption satisfied.
The judge ordered the Registrar-General to make the appropriate entry in the Adopted Children’s Register and instructed the Directorate of Immigration Services to issue the child a Kenyan passport, formally recognizing her as a citizen.