https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7602

In re DA (Child) (Adoption Cause E002 of 2025) [2026] KEHC 7602 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEHC 7602 (KLR) Republic of Kenya In the High Court at Kakamega Adoption Cause E002 of 2025 S Mbungi, J June 3, 2026 IN THE MATTER OF THE CHILDREN ACT, NO. 29 OF 2022 AND IN THE MATTER OF CHILD DA (FEMALE) AND IN THE MATTER OF AN APPLICATION BY JWK Ruling 1.The Applicant, JWK, moved this Court through an affidavit sworn in support of her application. She depones that she is the adoptive parent of the child known as DA and that this Court previously issued an Adoption Order in respect of the said child. 2.The Applicant states that upon perusal of the Adoption Order, she noted that the child’s place of birth was not reflected therein. She avers that the child’s Birth Certificate, annexed and marked JW2, indicates the place of birth as Ongata Rongai, Kajiado County, Kenya. 3.The Applicant therefore seeks an order of this Court amending the Adoption Order to include the correct place of birth of the child as reflected in the Birth Certificate. 4.The Applicant further depones that in order to properly regularize and complete the adoption record, there is need for a report by a Guardian ad Litem assessing her suitability as an adoptive parent. She accordingly prays that the Children Officer, Kakamega County, be appointed as Guardian ad Litem for the child and be directed to prepare and file the requisite report. 5.The application is supported by the Adoption Order annexed as JW1 and the Birth Certificate annexed as JW2. Issues For Determination 6.The issues arising for determination are:I.Whether the Adoption Order should be amended to reflect the child’s place of birth; andII.Whether the Court should appoint a Guardian ad Litem and direct the filing of a report. Analysis And Determination. 7.On the first issue, the Court has considered the Birth Certificate annexed as JW2. It is evident that the child’s place of birth is recorded as Ongata Rongai, Kajiado County, Kenya. The omission of this particular in the Adoption Order was inadvertent and amounts to a clerical or accidental error. 8.It is a settled principle that courts retain inherent jurisdiction to correct errors or omissions in their orders so as to give effect to the true intention of the court and to ensure accuracy of the record. Such correction does not alter the substance of the decision but merely perfects the record. 9.On the second issue, Article 53(2) of the Constitution of Kenya, 2010 provides that a child’s best interests are of paramount importance in every matter concerning the child. Similarly, section 8 of the Children Act, 2022 reinforces the principle that the best interests of the child shall be the primary consideration. 10.In re FW (Child) [2019] KEHC 8610 (KLR), the High Court held that statutory reports and the input of a guardian ad litem are essential in assisting the court to determine whether an adoption serves the best interests of the child. 11.Similarly, in Adoption Cause No. 265 of 2015, the Court underscored that the reports of the Guardian ad Litem and the Director of Children’s Services are fundamental safeguards in adoption proceedings. 12.The Court is therefore satisfied that the appointment of a Guardian ad Litem will facilitate proper assessment and reporting in the best interests of the child herein. 13.In view of the foregoing, the Court makes the following orders:i.The Adoption Order issued herein is hereby amended to reflect the correct place of birth of the child, DA, as Ongata Rongai, Kajiado County, Kenya, as indicated in the Birth Certificate annexed and marked JW2.ii.The Children Officer, Kakamega County, is hereby appointed as Guardian ad Litem for the child, DA, for purposes of this matter.iii.The Guardian ad Litem shall conduct the necessary inquiries and file a comprehensive report before this Court on the suitability of the Applicant as an adoptive parent within forty-five (45) days from the date hereof.iv.Mention 24.9.2026. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 3RD DAY OF JUNE, 2026.S.N MBUNGIJUDGEIn the presence of:-CA: Zilda/VelmaApplicant present.