1 A. Case Law on Citizenship by Birth. 1. An abandoned infant that was found in Kenya would be presumed to be a Kenyan citizen. In re EC (Baby) [2020] eKLR Adoption Case 113 of 2019 High Court at Nairobi JN Onyiego, J November 30, 2020 The case applied the presumption of Citizenship by birth under article 14(4) of the Constitution. Summary of facts An infant was found inside a pit latrine having been dropped there by an unknown person. It took the effort of the community by knocking down the pit latrine to rescue the baby who was by then crying from inside the latrine thus attracting the attention of a young girl who had gone to use the toilet. Despite every effort by the police, children’s department and St. Francis Rescue Centre in tracing the child’s relatives, none came to success. The applicants were before the court applying to adopt the infant who had been abandoned in a pit latrine by an unknown person. The application was unopposed. Key issues to be determined The main issues were whether an abandoned infant that was found in Kenya would be presumed to be a Kenyan citizen and whether, based on the brief facts above, adoption was in the best interest of the child. Summary of judgment • On whether the child was free for adoption, the court held that the child was free for adoption. He had been placed in the protective care and control of the applicants. He had fully bonded with the adoptive family. He was aged above six weeks and below 18 years which was the legally recommended age bracket for any child to be adopted. • On whether the child was a Kenyan citizen, the court held virtue of article 14(4) of the Constitution that according to article 14(4) of the Constitution, the By and section 157 of the Children Act, the child child was presumed to be a Kenyan citizen. Article 14(4) was legally available for adoption. Since there nobody claiming the baby, consent was of the Constitution provided that a child found in Kenya was done away with. who was, or appeared to be, less than eight years of age and whose nationality and parents were not known, was presumed to be a citizen by birth. Section 157 of the Children Act read that any child who was living within Kenya could be adopted whether or not the child was a Kenyan CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST