https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11943
The court found that the applicant satisfied the legal requirements for adoption, was fit and suitable, and that granting the adoption orders served the best interests of the child. On that basis, the originating summons was allowed in full.
Source-derived case information.
- Citation
- [2026] KEHC 11943 (KLR)
- Parties
- Applicant: Jane Oduori; Minor: Ethan Sakaja alias Emmanuel June; Biological Mother: Carol Nekesa; Guardian Ad Litem: Paul Okello Odwori; Guardian Ad Litem: Youanita Etale Ochwanda
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E009 of 2026
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Application allowed; adoption order granted
- Judges
- ["A Mabeya"]
- Legal Topics
- Adoption of a Child, Best Interests of the Child, Guardian Ad Litem Appointment, Adopted Children’s Register, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Oduori
Applicant
Ethan Sakaja alias Emmanuel June
Minor
Carol Nekesa
Biological Mother
Paul Okello Odwori
Guardian Ad Litem
Youanita Etale Ochwanda
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the applicant met the statutory requirements for adoption under sections 184 to 186 of the Children’s Act
- 2 Whether the adoption was in the best interests of the child
- 3 Whether the applicant was fit and suitable to adopt the child
Ratio Decidendi
The court found that the applicant satisfied the legal requirements for adoption, was fit and suitable, and that granting the adoption orders served the best interests of the child. On that basis, the originating summons was allowed in full.
Court Disposition
Application allowed; adoption order granted
Orders
- Jane Oduori is authorized to adopt the child Ethan Sakaja alias Emmanuel June and an Adoption Order is issued accordingly.
- Paul Okello Odwori and Youanita Etale Ochwanda are appointed and confirmed as guardians ad litem of the child.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU ADOPTION CAUSE NO. E009 OF 2026 IN THE MATTER OF AN ADOPTION OF ETHAN SAKAJA alias EMMANUEL JUNE - MINOR AND IN THE MATTER OF AN APPLICATION BY JANE ODUORI - APPLICANT J U D G M E N T 1. This is a Judgment on the Originating Summons dated 22/7/2026. The Summons sought for an order of adoption of baby ETHAN SAKAJA alias EMMANUEL JUNE (‘the child’). 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 female adult living in Mowlem, Kisumu. The Child is a male born on 7/8/2021. The child is a biological son of Carol Nekesa. The child was abandoned at Moi Teaching and Referral Hospital Eldoret in the Newborn Unit immediately after birth. 3. The child was committed to SOS Childrens Village for three years. It was later declared free for adoption on 21/8/2025 by Little Angels Network. 4. The applicant contends that Little Angels Network Case Committee considered her application for adoption and was satisfied that she met the Page 1 of 3 legal and social parameters for adoption. She further contended that she and her husband Gu Qin Jun have a secure home and are financially stable to provide a more stable home for the child. 5. Paul Okello Odwori and Youanita Etale Ochwanda, consented to be appointed as Guardians ad Litem for the child. 6. The provisions of sections 184 to 186 of the Children’s Act set out the requirements for adoption. This Court has considered the same. 7. On 28/7/2026, both the applicant 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 Officer’s report dated 13/7/2026. 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. Further, I have considered that it is in the best interest of the Child that the orders sought be made. 9. Accordingly, I allow the Originating Summons and make the following orders: - a) That Jane Oduori be and is hereby authorized to adopt the child Ethan Sakaja alias Emmanuel June and an Adoption Order is hereby issued accordingly. Page 2 of 3 b) That Paul Okello Odwori and Youanita Etale Ochwanda be and are hereby appointed and confirmed as the guardians ad litem of the Child. c) That henceforth, the child be known as Emmanuel June and a Birth Certificate in respect thereof be issued accordingly. 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 so decreed. DATED and DELIVERED at Kisumu this 31st day of July, 2026. A. MABEYA, FCI Arb JUDGE Page 3 of 3