[2025] KEHC 9313 (KLR)
The court found that the applicant satisfied all statutory and social requirements for adoption as set out in the Children’s Act. The applicant demonstrated financial, emotional, and physical capacity to care for the child, had no criminal record, and had the support of a guardian ad litem. The Children’s Officer’s...
Source-derived case information.
- Citation
- [2025] KEHC 9313 (KLR)
- Parties
- Applicant: FMB; Respondent: JB alias FF (Baby)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E006 of 2025
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- Originating Summons allowed; adoption order granted.
- Judges
- A Mabeya
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship, Children Act Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FMB
Applicant
JB alias FF (Baby)
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicant meets 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 a guardian ad litem is appropriate.
Ratio Decidendi
The court found that the applicant satisfied all statutory and social requirements for adoption as set out in the Children’s Act. The applicant demonstrated financial, emotional, and physical capacity to care for the child, had no criminal record, and had the support of a guardian ad litem. The Children’s Officer’s report and the evidence presented confirmed that the adoption would serve the best interests of the child. The court therefore granted the adoption order, authorized the change of the child’s name, appointed the guardian ad litem, and directed the Registrar General to make the appropriate entry in the Adopted Children’s Register.
Court Disposition
Originating Summons allowed; adoption order granted.
Orders
- FMM is authorized to adopt baby Joy Boniface alias FF and an Adoption Order is issued.
- The child formerly known as JB alias FF shall henceforth be known as FF and the Registrar of Births and Deaths shall issue a birth certificate accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
In re JB alias FF (Baby) (Adoption Cause E006 of 2025) [2025] KEHC 9313 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9313 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E006 of 2025
A Mabeya, J
June 30, 2025
In the Matter of the Application for Adoption Order of Baby JB alias FF by FMB (Applicant)
Ruling
1. This is a ruling on the Originating Summons dated 21/3/2025. The Summons sought for an order of adoption of baby JB (‘the child’) with the proposed name FF. 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 applicant is a single Lady who works for gain as a Nurse in a hospital in Awasi, within Kisumu County. The Child is a female born on 7/12/2022. The child was referred to Springs of Life Children’s home by the Sub County Children Officer and later legally committed to the same institution via file No. P&C E0001/23. The Child was later placed with the applicant after a series of bonding.
3. The applicant contended that Little Angels Network Case Committee considered her application for adoption and was satisfied that she met the legal and social parameters for adoption.
4. She further contended that she was financially capable of taking care of the Child and that she was emotionally and physically capable to take up the Child for adoption. She further stated that she was 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. She stated that JG, her aunt, had consented to be the guardian ad litem of the child in the event that she dies 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 30/6/2025, both the applicant and guardian ad litem appeared and testified before me. Their evidence is on record.
8. I have considered the said testimony, the entire record together with the Children’s Officers report dated 8/5/2025. I am satisfied that the applicant is 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 FMM be and is hereby authorized to adopt baby Joy Boniface alias FF and an Adoption Order is hereby issued accordingly.b.The baby formally known as JB alias FF henceforth be known as FF and the Registrar of Births and Deaths do issue a birth certificate to that effect.c.That JG be and is hereby appointed and confirmed as the guardian 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.
9. It is hereby so ordered.
DATED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE