[2025] KEHC 10605 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act, including suitability, capacity, and the child.s best interests. The evidence from the applicants, guardians ad litem, and the Children.s Officer.s report demonstrated that the applicants are fit and...
Source-derived case information.
- Citation
- [2025] KEHC 10605 (KLR)
- Parties
- Applicant: TOO; Applicant: JAN
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E007 of 2025
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- adoption granted
- Judges
- A Mabeya
- Legal Topics
- Adoption of Minors, Child Abandonment, Guardians Ad Litem, Children Act Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TOO
Applicant
JAN
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicants meet the legal and social requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of guardians ad litem is appropriate.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act, including suitability, capacity, and the child.s best interests. The evidence from the applicants, guardians ad litem, and the Children.s Officer.s report demonstrated that the applicants are fit and proper persons to adopt the child. The court was also satisfied that the necessary consents and procedural safeguards were in place, including the appointment of guardians ad litem. Accordingly, the court granted the adoption order, authorized the change of the child.s name, and directed the Registrar General to make the appropriate entries in the Adopted Children.s Register.
Court Disposition
adoption granted
Orders
- TOO and JAN are authorized to adopt baby HJ alias RPHO and an Adoption Order is issued.
- The child formerly known as HJ alias RPHO shall henceforth be known as RPHO and a birth certificate shall be issued accordingly.
Full Case Text
Judgment text and source record
25 paragraphs
In re Adoption of HJ alias RPHO - Minor (Adoption Cause E007 of 2025) [2025] KEHC 10605 (KLR) (21 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10605 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E007 of 2025
A Mabeya, J
July 21, 2025
IN THE MATTER OF AN ADOPTION OF HJ alias RPHO - MINOR
AND
IN THE MATTER OF AN APPLICATION BY TOO &JAN
In the matter of
TOO
1st Applicant
JAN
2nd Applicant
Ruling
1. This is a ruling on the Originating Summons dated 6/4/2025. The Summons sought for an order of adoption of baby HJ (‘the child’) with the proposed name RPHO. 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 resident within Kisumu County. The Child is a female born on 10/6/2023. The child was abandoned and referred to Tumaini Children’s home and later legally committed to the same institution via file Eldoret No. P&C E002 of 2024. The Child was later placed with the applicant after a series of bonding.
3. The applicants contended that Little Angels Network Case Committee considered their application for adoption and was satisfied that they met the legal and social parameters for adoption.
4. She further contended that they were financially capable of taking care of the Child and that they were emotionally and physically capable of taking up the Child for adoption. They further contended that they were of good conduct and had never been charged or convicted of any criminal offense referred to in the Third Schedule of the Children’s Act.
5. They stated that OTN and NAO, had consented to be the guardians’ ad litem of the Child in the event or their absence before the child attains the age of maturity.
6. The provisions of sections 184 to 186 of the Children’s Act set out the requirements for adoption.
7. On 15/7/2025, both the applicants and 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 Children’s Officers report dated 13/6/2025. I am satisfied that the applicants are fit and suitable to be granted the prayers she seeks and that the provisions of the law cited above have been met. In the premises, I allow the Originating Summons and make the following orders: -a.That TOO and JAN be and are hereby authorized to adopt baby HJ alias RPHO and an Adoption Order is hereby issued accordingly.b.The baby formally known as HJ alias RPHO henceforth be known as RPHO and the Registrar of Births and Deaths do issue a birth certificate to that effect.c.That TON and NAO be and are hereby appointed and confirmed as the guardians’ ad litem of the Child.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 hereby so ordered.
DATED AND DELIVERED AT KISUMU THIS 21 ST DAY OF JULY, 2025 .A. MABEYA, FCI ArbJUDGE