[2025] KEHC 6117 (KLR)
The court found that the applicants had complied with all statutory requirements under the Children.s Act, 2022 for adoption. The pre-placement and comprehensive reports by the relevant authorities confirmed the applicants. suitability and recommended the adoption. The court was satisfied that the adoption was...
Source-derived case information.
- Citation
- [2025] KEHC 6117 (KLR)
- Parties
- Applicant: Emmanuel Opon Agak; Applicant: Haynet Auma Opon; Respondent: Esther Adhiambo Odongo; Respondent: Samson Ouma Owili
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E012 of 2024
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- originating summons for adoption allowed
- Judges
- A Mabeya
- Legal Topics
- Adoption Procedure, Best Interest of Child, Guardianship, Children Act 2022
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Opon Agak
Applicant
Haynet Auma Opon
Applicant
Esther Adhiambo Odongo
Respondent
Samson Ouma Owili
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor under the Children.s Act, 2022.
- 2 Whether the adoption is in the best interest of the minor.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements under the Children.s Act, 2022 for adoption. The pre-placement and comprehensive reports by the relevant authorities confirmed the applicants. suitability and recommended the adoption. The court was satisfied that the adoption was freely offered and, most importantly, was in the best interest of the minor. The applicants were examined in court and vouched for their application, and no objections were raised by the legal guardians or the Children.s Officer. Accordingly, the court allowed the application as prayed, granting the adoption.
Court Disposition
originating summons for adoption allowed
Orders
- The applicants are authorized to adopt the minor known as Augustine Omusula alias Liam Larry Michael Opon.
- The legal guardianship and guardians ad litem appointments are confirmed as per previous orders.
Full Case Text
Judgment text and source record
21 paragraphs
In re Adoption of AO alias LLMO - Minor (Adoption Cause E012 of 2024) [2025] KEHC 6117 (KLR) (15 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6117 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E012 of 2024
A Mabeya, J
May 15, 2025
In the matter of
EOA
1st Applicant
HAO
2nd Applicant
Ruling
1. By an Originating Summons dated 30/10/2024, Emmanuel Opon Agak and Haynet Auma Opon have applied to adopt the child known as Augustine Omusula alias Liam Larry Michael Opon. The Summons was made under Part XIV of the Children’s Act, 2022 and Rules 4, 5 and 12 of the Adoption Rules.
2. The Summons was supported by the Affidavits and statements of the applicants sworn and dated 31/10/2024 respectively. It was also supported by the Affidavit of Esther Adhiambo Odongo and Samson Ouma Owili sworn on 31/10/2024.
3. Vide a Motion on Notice dated 31/10/2024, Esther Adhiambo Odongo and Samson Ouma Owili sought to be appointed as legal guardians and guardians ad litem of the minor. That application was granted on 5/5/2025.
4. In the meantime, on the basis of the Pre-placement Report by Little Angels Network dated 12/4/2023, Aburili J ordered on 7/11/2024 that the Children’s Officer do prepare and file in Court a comprehensive Report on the applicants’ suitability to adopt the minor.
5. On 8/2/2025, the County Children’s Coordinator filed a comprehensive report as directed by the Court. In that Report, the Coordinator concluded that the applicants were suitable to adopt the minor. That the proposed adoption of the minor was freely offered and was for the best interest of the minor. He recommended that the orders for adoption be granted.
6. The applicants attended Court on 5/5/2025 and vouched for their application. The Court examined them and was satisfied with their quest for adoption. Having considered the entire record, I am satisfied that the application is meritorious.
7. Accordingly, I allow the Summons as prayed.
It is so ordered.DATED AND DELIVERED AT KISUMU THIS 15TH DAY OF MAY, 2025. A. MABEYA, FCI ARBJUDGE