In re FM (Minor) (Adoption Cause E003 of 2025) [2025] KEHC 18369 (KLR) (27 November 2025) (Judgment) Neutral citation: [2025] KEHC 18369 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA ADOPTION CAUSE E003 OF 2025 TW CHERERE, J NOVEMBER 27, 2025 IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF F.M. (A MINOR) AND IN THE MATTER OF NOM ..................................................................................................... 1ST APPLICANT PNO ..................................................................................................... 2ND APPLICANT JUDGMENT 1. Before this Court is an Originating Summons dated 03rd October 2025 brought by the Applicants, N.O.M. and P.N.O., seeking authority to adopt the minor F.M. The Summons also seeks orders for the appointment of guardians ad litem, the issuance of a new birth certificate, the appointment of legal guardians, and other consequential directions pursuant to the Children Act. Background 2. The Applicants filed supporting affidavits sworn on 03rd October 2025. In those affidavits, the Applicants depose that they are a married couple and have had the care of the minor since the year 2015 when the minor was in Standard Two. They state that they have supported her education, maintenance and general welfare, and that the minor has bonded with them as their daughter. They further depose that they are financially stable, morally fit, and capable of providing for the minor’s needs. They aver that they have no criminal record, have furnished their identity documents, bank statements, payslips, police clearance certificates, recommendations, and other relevant documentation. They further depose that the biological parents of the minor have executed and sworn consents allowing the adoption. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18369/eng@2025-11-27 1
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3. The biological mother, A.K.O., and biological father, S.O.O., each swore affidavits of consent in June 2025 relinquishing their parental rights and consenting to the Applicants adopting the minor. The affidavits confirm that they fully understood the legal implications of adoption. 4. Affidavits of consent to act as guardians ad litem were sworn by I.M. and M.M.M., both of whom are family members familiar with the Applicants and the child. They confirm their willingness to serve and that they have no interest adverse to the minor. 5. The file also contains a Certificate from the Little Angels Network and a comprehensive report dated 21st August 2025 declaring the minor free for adoption. 6. Pursuant to an order of this Court issued on 27th October 2025, the County Coordinator for Children Services, Nyamira County, conducted a social inquiry and prepared a detailed report dated 17th November 2025. The report was filed on the same date. 7. The Children Officer conducted interviews with the Applicants, the minor, the biological parents, and the proposed guardians. A home visit to the Applicants’ residence was undertaken on 10th November 2025. The report confirms that the Applicants are married, both being adults, and that they are employed professionals residing partly in Kenya and partly in the United States of America. The 1st Applicant is a university professor while the 2nd Applicant is a registered nurse, employed. 8. The report outlines the Applicants’ financial stability and indicates that each Applicant earns an income exceeding Ksh. xxx,xxx per month. The officer notes that the Applicants own property in Nakuru and Machakos as well as a permanent home in XXX, which is equipped with water, electricity, and adequate sanitation. The home was found to be safe and conducive for the upbringing of the minor. 9. The report provides the child’s history and confirms that she was born on 01st March 2008 as the last born in a family of ten children. The minor has since the age of seven been supported by the Applicants through her schooling from [Particulars Withheld] Primary School to [Particulars Withheld] Academy and currently at [Particulars Withheld] Girls’ High School where she has completed her KCSE examinations. The minor expressed to the Children Officer that she appreciates the support she has received from the Applicants and that she consents to the adoption. 10. During the interview with the biological parents held on 10th November 2025, they confirmed that they have willingly given their consent to the adoption and understand the effect of an adoption order. They stated that the Applicants have consistently supported the minor and that formalizing the adoption is in the child’s best interest. 11. The Children Officer confirms that this is a kinship adoption, that the Applicants and the minor have developed a strong and progressive bond, and that the Applicants wish to secure the minor’s future education and welfare. The officer concludes that the Applicants are capable, suitable and prepared to assume full parental responsibility. The report therefore recommends that the Court grant the adoption. 12. The issues requiring determination are whether the Applicants meet the statutory requirements for adoption, whether the consents provided are valid and informed, whether the minor is free for adoption and whether the proposed adoption promotes the best interests of the child as required under the Constitution and the Children Act. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18369/eng@2025-11-27 2
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Analysis 13. The Applicants are adults aged above twenty-five years and below sixty-five years and are spouses jointly applying, thus satisfying the requirements under sections 158 and 186 of the Children Act. They have provided documentation establishing their identity, marital status, financial capacity, and moral fitness. Their police clearance certificates show that they have no criminal record. The evidence shows that they have supported the minor for several years and have treated her as their daughter. 14. The biological parents of the minor have lawfully executed consents relinquishing their parental rights and these consents satisfy section 158(4) of the Children Act. The minor herself, being aged seventeen, has expressed her understanding of the adoption and has provided her written consent in accordance with the law. 15. The Little Angels Network issued a certificate freeing the child for adoption and the Children Officer’s report confirms that the adoption complies with statutory and regulatory requirements. Both reports affirm that the adoption is in the best interests of the child. 16. The Court has also considered the bond between the minor and the Applicants, the stable and conducive home environment, the emotional and financial fitness of the Applicants, and the clear support from the biological parents. The best interests of the child are therefore served by granting the orders sought. 17. On 20th November 2025 I personally examined the Applicants, the minor, the biological parents and the proposed guardians ad litem in open court. From that interaction, I was satisfied that each of them fully understood the nature and legal effect of an adoption order, that the consents given were voluntary and informed, and that the minor has a genuine bond with the Applicants whom she regards as her parents. I am therefore satisfied that this is a proper case for adoption and that granting the orders sought will promote the best interests and welfare of the child. Disposition 18. Having considered the Originating Summons dated 03rd October 2025, the supporting affidavits, the annexures thereto, the Little Angels Network report and the Children Officer’s Report dated 17th November 2025, and applying the principles of the Constitution and the Children Act, the Court is satisfied that the Applicants have met the legal threshold for adoption. 19. Accordingly, the Court makes the following orders: 1. The Applicants, N.O.M. and P.N.O., are hereby authorized to adopt the minor, F.M. 2. Upon adoption, the minor shall be known as F.M.O. 3. I.M. and M.M.M. are appointed as the legal guardians of the minor in the event of the death or incapacity of the Applicants. 4. For all purposes of the law, the child shall henceforth be considered the child of the Applicants with full legal rights, including inheritance. 5. The Registrar-General shall make an entry of this adoption in the Adopted Children Register. 6. The Director of Immigration shall issue the minor with a passport upon application. 7. The Director of Children’s Services shall file a post-adoption follow-up report within six months of this order. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18369/eng@2025-11-27 3
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8. Mention on 25th May 2026 for the purpose of receiving and considering the post-adoption report. DATED AT NYAMIRA THIS 27TH DAY OF NOVEMBER, 2025 WAMAE. T. W. CHERERE JUDGE Appearances Court Assistant - Hilda Applicants - Present in person For Applicants - Mr. Mwebi for C.M.Mwebi & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18369/eng@2025-11-27 4
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