[2025] KEHC 573 (KLR)
The court found that the applicant EJ had demonstrated the ability and willingness to assume full parental responsibility for the minor DK, following the death of DK's mother. The Director of Children Services and the registered adoption society both recommended the adoption after thorough investigations, confirming...
Source-derived case information.
- Citation
- [2025] KEHC 573 (KLR)
- Parties
- Applicant: EJ; Respondent: Director of Children Services, Baringo County
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2024
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- RB Ngetich
- Legal Topics
- Adoption of Minors, Parental Responsibility, Child Welfare, Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EJ
Applicant
Director of Children Services, Baringo County
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant EJ is suitable to adopt the minor DK.
- 2 Whether the adoption is in the best interests of the minor DK.
- 3 Whether all statutory requirements for adoption have been met.
Ratio Decidendi
The court found that the applicant EJ had demonstrated the ability and willingness to assume full parental responsibility for the minor DK, following the death of DK's mother. The Director of Children Services and the registered adoption society both recommended the adoption after thorough investigations, confirming that the applicant is suitable and that the adoption is in the best interests of the child. The court was satisfied that all statutory requirements under the Children Act had been met, including the consent and non-opposition of the minor's family. Accordingly, the court allowed the adoption, ordered the registration of DK in the Adopted Children’s Register, and discharged the...
Court Disposition
adoption granted
Orders
- EJ is hereby allowed to adopt DK.
- The name of the child to remain as DK.
Full Case Text
Judgment text and source record
20 paragraphs
In re DK (Minor) (Adoption Cause E001 of 2024) [2025] KEHC 573 (KLR) (28 January 2025) (Ruling)
Neutral citation: [2025] KEHC 573 (KLR)
Republic of Kenya
In the High Court at Kabarnet
Adoption Cause E001 of 2024
RB Ngetich, J
January 28, 2025
In the matter of
EJ
Applicant
Ruling
1. The Applicant herein EJ filed application dated 30th July 2024 seeking to adopt the minor DK. This court called from report for the direction of children services and adoption society.
2. The Director of Children Services, Baringo County filed report dated 4th January 2025 and attended court today 28th January 2025. The Guardian Ad Litem PJM also attended court together with the minor DK and AK who is the Applicant’s biological child aged 6 years.
3. The Applicant joined court virtually from Toronto Canada and confirmed that the minor DK’s mother passed on and that she was a single mother. She confirmed that she has assumed parental responsibility over DK and that the minor is staying with her biological child AK under care of her sister PJM in Eldoret.
4. The applicant informed court that she earns Ksh. 3000 Canadian Dollars monthly from Athletics and from her earnings she is able to maintain both the minor herein and her son AK.
5. The Director of Children Services Baringo County stated that upon visiting and interviewing the family, he confirmed that the minor has bonded well with the Applicant and she is able to maintain her. He also confirmed that the family members of the minor are not opposed to the Applicant adopting the child/minor. He recommends that the Applicant be allowed to adopt the minor herein DK.
6. I have perused report by Change Trust which is a registered Adoption Society in Kenya and note that by report dated 15th March 2024, they recommend the applicant be allowed to adopt the minor herein DK.
7. In view of the above, I find applicant suitable to adopt the minor herein and proceed to allow her to adopt the child DK accordingly.
8. Final Orders1. EJ is hereby allowed to adopt DK.2. The name of the child to remain as DK.3. Guardian Ad Litem is hereby discharged.4. The child’s name DK to be registered in the adopted Children’s Register.
RULING DELIVERED, DATED AND SIGNED VIRTUALLY AT KABARNET THIS 28TH DAY OF JANUARY 2025. RACHEL NGETICHJUDGEIn the presence of:Kibet, Court Assistant.Mr. Kiptoo for Applicant.Director of Children Service, Baringo County Present.Applicant present.Guardian present.