https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12242
The court found that the applicants were fit and suitable adoptive parents, that the child had been properly freed for adoption, and that all legal requirements under sections 184 to 186 of the Children’s Act had been met. The adoption was therefore allowed because it was in the child’s best interests.
Source-derived case information.
- Citation
- [2026] KEHC 12242 (KLR)
- Parties
- Applicant: EAM; Applicant: ASO; Child: TD alias TPM; Guardian Ad Litem: AOO; Guardian Ad Litem: CW
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E007 of 2026
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Originating Summons allowed; adoption granted.
- Judges
- ["A Mabeya"]
- Legal Topics
- Adoption Order, Best Interests of the Child, Guardians Ad Litem, Freeing Child for Adoption, Adopted Children’s Register, Change of Name
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EAM
Applicant
ASO
Applicant
TD alias TPM
Child
AOO
Guardian Ad Litem
CW
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the applicants met the legal requirements for adoption under the Children’s Act.
- 2 Whether the adoption was in the best interests of the child.
- 3 Whether the guardians ad litem should be appointed and confirmed.
Ratio Decidendi
The court found that the applicants were fit and suitable adoptive parents, that the child had been properly freed for adoption, and that all legal requirements under sections 184 to 186 of the Children’s Act had been met. The adoption was therefore allowed because it was in the child’s best interests.
Court Disposition
Originating Summons allowed; adoption granted.
Orders
- EAM and ASO are authorized to adopt the child TD alias TPM and an Adoption Order is issued.
- AOO and CW are appointed and confirmed as guardians ad litem for the child.
Full Case Text
Judgment text and source record
1 paragraphs
In re TD alias TPM (Child) (Adoption Cause E007 of 2026) [2026] KEHC 12242 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 12242 (KLR) Republic of Kenya In the High Court at Kisumu Adoption Cause E007 of 2026 A Mabeya, J July 31, 2026 IN THE MATTER OF AN ADOPTION OF BABY TD alias TPM - CHILD AND IN THE MATTER OF AN APPLICATION BY EAM and ASO - APPLICANTS Judgment 1.This is a Judgment on the Originating Summons by EAM and ASO dated 16/6/2026. The Summons sought for an order of adoption of baby TD alias TPM (‘the child’). It also sought an order directing the Registrar General to make an entry in the Adopted Children’s Register following granting of the adoption orders. 2.The applicants are man and wife living in [Particulars Withheld], Kisumu. The Child is a female born on 12/4/2025. The child is a biological daughter of VS and AK who are relatives to each other. 3.Because of the customs from which the biological parents of the child hail, the child could not be brought up within the community. It was therefore surrendered to Springs of Life Children’s Home on 14/4/2025. The child was declared to be free for adoption by the Case Committee of Little Angels Network on 21/8/2025. 4.The applicants contend that Little Angels Network Case Committee considered their application for adoption and was satisfied that they met the legal and social parameters for adoption. They further contended that they have a secure home and were financially stable to provide a more stable home for the child. 5.AOO and CW, consented to be appointed as Guardians ad Litem for the child. 6.The provisions of sections 184 to 186 of the Children’s Act sets out the requirements for adoption. This Court has considered the same. 7.On 28/7/2026, both the applicants and the guardians ad litem appeared and testified before me. Their evidence is on record. 8.I have considered the said testimonies, the entire record together with the County Children’s Officer’s report dated 24/7/2026. I am satisfied that the applicants are fit and suitable to be granted the prayers they seek and that the provisions of the law cited above have been fully met. Further, I have considered that it is in the best interest of the Child that the orders sought be made. 9.Accordingly, I allow the Originating Summons and make the following orders: -a.That EAM and ASO be and are hereby authorized to adopt the child TD alias TPM and an Adoption Order is hereby issued accordingly.b.That AOO and CW be and are hereby appointed and confirmed as the guardians ad litem of the Child.c.That henceforth, the child be known as TPM and a Birth Certificate in respect thereof be issued accordingly.d.That the Registrar General do make the appropriate entry of this adoption in the Adopted Children’s Register accordingly.e.There shall be no orders as to costs.It is so decreed. DATED AND DELIVERED AT KISUMU THIS 31ST DAY OF JULY, 2026.A. MABEYA, FCI ARBJUDGEPage 3 of 3