In re SS (Adoption Cause E002 of 2025) [2025] KEHC 18548 (KLR) (27 November 2025) (Judgment) Neutral citation: [2025] KEHC 18548 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA ADOPTION CAUSE E002 OF 2025 TW CHERERE, J NOVEMBER 27, 2025 IN THE MATTER OF THE CHILDREN ACT (2001) CAP 141 LAWS OF KENYA AND IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER IN RESPECT OF S.S IN THE MATTER OF JSA & EKS ................................................................................................. APPLICANT JUDGMENT 1. This is an application for an adoption order in respect of the minor herein, brought by J.S.A. and E.K.S., a married couple. The application is contained in the Originating Summons dated 04th February 2025, together with the Joint Affidavit in Support, the Applicants’ Statements in Support of the Application, the Affidavits of Fitness of Legal Guardians, and the requisite consents by the proposed guardian ad litem and the legal guardian, all dated 04th February 2025. 2. Upon perusing the pleadings, the Court on 13th November 2025 directed that a report be filed by the Sub-County Children Officer pursuant to the Children Act, 2022. The resulting Children Officer’s Report dated 17th November 2025 was duly filed in court on 25th November 2025. 3. At the hearing, I interviewed the Applicants and the Guardian ad Litem in open court. The Court also observed the minor, who attended with the Applicants. From this interaction, it was clear that a warm, stable and affectionate relationship exists between the Applicants and the child, who appeared comfortable, relaxed and fully integrated into their family unit. 4. The factual background of the child is not in dispute. The minor, S.S., was born on 26th June 2010 and was found abandoned near a matatu stage in Eldoret on 17th July 2010, where he had been rescued by Good Samaritans who reported the matter at Eldoret Police Station under OB No. 88/17/07/2010. He was taken for medical examination at Moi Teaching and Referral Hospital and thereafter committed https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18548/eng@2025-11-27 1
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to Neema Children’s Home on 13th September 2010 after the Children’s Court secured a vacancy for his protection. 5. Efforts by the police to trace his biological parents or relatives were undertaken but proved unsuccessful. The minor remained unclaimed well beyond the statutory six-month period. Consequently, the Little Angels Network issued a Certificate Declaring the Child Free for Adoption No. 002063 dated 31st January 2019. The minor was thereafter placed with the Applicants on 29th December 2020. 6. The Children Officer’s Report provides a detailed assessment of the Applicants’ circumstances. J.S.A., aged 60, is a self-employed carpenter, while E.K.S., aged 66, is engaged in cereal business. They have been married for 23 years and have no biological children. Their home is a permanent, seven-roomed residence with electricity and running water, and they have adequate income through farming, business and carpentry work. The child has been thriving under their care, attending school consistently, performing well academically, and engaging in co-curricular activities. According to the Children Officer, the minor views the Applicants as his parents, and the Applicants have demonstrated complete acceptance and commitment to the child’s welfare. 7. The legal framework applicable to this application is set out in the Children Act, 2022. Section 8 anchors the principle that in all actions concerning children, the best interests of the child are the primary and overriding consideration. Section 184 requires that a child be declared free for adoption by a registered adoption society before an adoption order may issue. Section 185 permits spouses to apply jointly for an adoption order, while section 186 sets out mandatory considerations before such an order may issue, including the Applicants’ suitability, the child’s welfare, the child’s circumstances, and compliance with procedural requirements. Sections 223 to 226 further require the Court to consider an independent assessment by the Director of Children Services, typically through a Sub-County Children Officer, to evaluate the Applicants’ fitness, the child’s placement, and the overall suitability of the proposed adoption. 8. Applying these provisions to the present matter, the Court is satisfied that all statutory requirements have been met. The child was duly declared free for adoption on 31st January 2019. The Applicants are a married couple and therefore eligible to apply jointly. The Adoption Society Report and the Children Officer’s Report dated 17th November 2025 address all matters prescribed under sections 186 and 223 to 226. The reports confirm that the minor has no known biological family, that he was lawfully placed with the Applicants, and that he has formed a strong and healthy bond with them. 9. During the in-court interview, the Applicants demonstrated clear understanding of the legal implications of adoption, including the assumption of full parental responsibility and the child’s inheritance rights. The minor appeared settled, confident and happy in their care. Nothing in the record raises any concern regarding their moral, emotional, or financial capability to provide for the child. The adoption therefore aligns squarely with the best interests of the child as mandated under section 8 of the Act. 10. In the circumstances, I am persuaded that the adoption sought ought to be granted. I accordingly make the following orders. 1. The Applicants, J.S.A. and E.K.S., are hereby authorised to adopt the minor presently known as S.S. 2. Upon adoption, the child shall be known as S.S.S. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18548/eng@2025-11-27 2
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3. For all purposes of the law, the child shall henceforth be considered the child of the Applicants with full legal rights, including inheritance. 4. S.G.S and J.M.K. are appointed as the Legal Guardians of the child in the event of the death or incapacity of the Applicants. 5. The Registrar-General is directed to make the appropriate entry in the Adopted Children Register. 6. The Director of Children’s Services shall file a post-adoption follow-up report within six months of this order. 7. 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 – Mrs. Omwenga for Mongare & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18548/eng@2025-11-27 3
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