https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11957
The court found that the applicant satisfied the requirements of sections 184 to 186 of the Children’s Act, 2022, and that the evidence, including the favourable reports, established that the adoption was suitable and in the best interests of the minor; the summons was therefore granted.
Source-derived case information.
- Citation
- [2026] KEHC 11957 (KLR)
- Parties
- Applicant: JAO; Child: FS alias JIH - Minor; Guardian Ad Litem Proposed/appointed: DO; Guardian Ad Litem Proposed/appointed: LO
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E004 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed; adoption order granted.
- Judges
- ["A Mabeya"]
- Legal Topics
- Minor Adoption, Best Interests of the Child, Appointment of Guardian Ad Litem, Adoption Register Entry, Change of Child’s Name
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JAO
Applicant
FS alias JIH - Minor
Child
DO
Guardian Ad Litem Proposed/appointed
LO
Guardian Ad Litem Proposed/appointed
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant met the statutory and procedural requirements for adoption of the minor.
- 2 Whether the adoption was in the best interests of the child.
- 3 Whether the proposed guardians ad litem were suitable for confirmation.
Ratio Decidendi
The court found that the applicant satisfied the requirements of sections 184 to 186 of the Children’s Act, 2022, and that the evidence, including the favourable reports, established that the adoption was suitable and in the best interests of the minor; the summons was therefore granted.
Court Disposition
Application allowed; adoption order granted.
Orders
- JAO is authorized to adopt FS alias JIH and an adoption order is issued.
- DO and LO are appointed and confirmed as guardians ad litem of the child.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate FS alias JIH - Minor (Adoption Cause E004 of 2026) [2026] KEHC 11957 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 11957 (KLR) Republic of Kenya In the High Court at Kisumu Adoption Cause E004 of 2026 A Mabeya, J July 31, 2026 IN THE MATTER OF AN ADOPTION OF FS alias JIH - MINOR AND IN THE MATTER OF AN APPLICATION BY JAO - APPLICANT Judgment 1.By an Originating Summons dated 21/4/2026, JAO applied to adopt the child known as FS alias JIH . The Summons was made under Part XIV of the Children’s Act, 2022 and Rules 4, 5 and 12 of the Adoption Rules. 2.The Summons was supported by the Affidavits and statements of the applicant sworn and dated 21/4/2026, respectively. It was also supported by the Affidavit of DO and LO sworn on 20/4/2026. The latter intended to be the guardian ad litem of the child. 3.On the basis of the Pre-placement Report by Little Angels Network dated 8/3/2026, this Court ordered on 16/6/2026 that the County Children’s Officer do prepare and file in Court a comprehensive Report on the applicants’ suitability to adopt the minor. 4.On 14/7/2026, the County Children’s Coordinator filed a comprehensive report as directed by the Court. In that Report, the Coordinator concluded that the applicants were suitable to adopt the minor. That the proposed adoption of the minor was freely offered and was for the best interest of the minor. He recommended that the orders for adoption be granted. 5.The applicant and the Guardians ad litem attended Court on 20/7/2026 and vouched for the application. The Court examined them and was satisfied with their quest for adoption. Having considered the entire record, I am satisfied that the application is meritorious. I am also satisfied that the provisions of section 184 to 186 of the Children’s Act have been satisfied. 6.Accordingly, I allow the Summons and make the following orders: -a.That JAO be and is hereby authorized to adopt the child FS alias JIH and an adoption order is hereby issued accordingly.b.That DO and LO be and are hereby appointed and confirmed as the guardians ad litem of the child.c.That henceforth, the child be known as JIH and a Birth Certificate in respect thereof be issued.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 ArbJUDGE