[2025] KEHC 9825 (KLR)
The court found that the applicant had satisfied all statutory requirements for adoption under Kenyan law, including thorough assessments by the adoption agency, the County Director of Children Services, and the guardian ad litem, all of whom recommended the adoption. The child was legally available for adoption,...
Source-derived case information.
- Citation
- [2025] KEHC 9825 (KLR)
- Parties
- Applicant: RIA; Respondent: JEA alias EA
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- WM Musyoka
- Legal Topics
- Adoption of Children, Best Interests of Child, Parental Rights and Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
RIA
Applicant
JEA alias EA
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for adoption under Kenyan law, including thorough assessments by the adoption agency, the County Director of Children Services, and the guardian ad litem, all of whom recommended the adoption. The child was legally available for adoption, having been abandoned and freed by the relevant agency. The applicant demonstrated both financial and emotional capacity to care for the child, and the child had bonded with her. The court determined that the adoption was in the best interests of the child, ensuring her right to a family, stability, and inheritance. Accordingly, the court granted the adoption order, vested all...
Court Disposition
adoption granted
Orders
- The applicant, RIA, is hereby allowed to adopt the child, JEA alias EA.
- The said child is declared Kenyan by birth, having been born on 26th October 2016, at Busia, Kenya.
Full Case Text
Judgment text and source record
16 paragraphs
In re JEA alias EA (Child) (Adoption Cause E001 of 2024) [2025] KEHC 9825 (KLR) (4 July 2025) (Judgment)
Neutral citation: [2025] KEHC 9825 (KLR)
Republic of Kenya
In the High Court at Busia
Adoption Cause E001 of 2024
WM Musyoka, J
July 4, 2025
Judgment
1. The applicant, RIA, is a Kenyan citizen, and a farmer. She is widowed. She seeks to adopt JEA alias EA. Her Originating Summons is dated 19th February 2024.
2. The child in question was born on 26th October 2016 and was abandoned at Alupe Hospital. She was cared for and maintained at Amukura Mission Orphanage. The child was freed for adoption on 7th October 2022 by the Little Angels Network adoption agency, by its certificate number 002285, issued on even date.
3. To facilitate this adoption, the applicant has been assessed by the Little Angels Network, the Busia County Director of Children Services and the guardian ad litem, Sr. Judith Auma. The three have compiled and filed their reports in court. The report by the County Director of Children Services is dated 6th May 2024, while that of the guardian ad litem is dated 23rd April 2025. The report by the Little Angels Network is dated 7th October 2022. All these reports are favourable and recommend the proposed adoption.
4. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child himself appears to have bonded well with her, and she considers her to be her parent.
5. In the opinion of this court, it would be in the best interests of the child that she is adopted by the applicant, who would be able to provide a home and a family for her to grow up in. Consequently, the applicant shall assume all parental rights and duties of the biological parents, in respect of the adopted child. She shall treat her as if she were born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding, during the lifetime of the child, and that the child shall have the right to inherit her property. The applicant cannot give up the child, owing to any subsequent unforeseen behaviour or other changes.
6. I am satisfied that all the legal requirements for a local adoption have been met, and I, therefore, make the following orders:-a.That the applicant, RIA, is hereby allowed to adopt the child, JEA alias EA;b.That the said child is Kenyan by birth, having been born on 26th October 2016, at Busia, Kenya;c.That the Registrar-General is hereby directed to enter this adoption order in the adoption register; andd.That the guardian ad litem is hereby discharged.
7. It is so ordered.
DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS AT BUSIA THIS 4TH DAY OF JULY 2025. W. MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Ms. Sr. Judith Auma, guardian ad litem.Ms. Euphrasia Agala, Matayos Sub-County Children’s Officer.AdvocatesMr. Joseph Makokha, instructed by JP Makokha & Company, Advocates for the applicant.