In re JF (Minor) (Adoption Cause E004 of 2025) [2025] KEHC 18549 (KLR) (27 November 2025) (Judgment) Neutral citation: [2025] KEHC 18549 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA ADOPTION CAUSE E004 OF 2025 TW CHERERE, J NOVEMBER 27, 2025 IN THE MATTER OF THE ADOPTION OF J.F. (A MINOR) IN THE MATTER OF OKD & NKK ............................................................................................ APPLICANT JUDGMENT 1. This is an Originating Summons dated 14th March 2025 in which the Applicants, O.K.D. and N.K.K., seek an order authorising them to adopt the minor J.F. The Summons is supported by affidavits sworn on 14th March 2025, together with a documentary bundle including the Applicants’ marriage certificate, the minor’s records, consents, and adoption society reports. 2. Upon filing, the Court appointed J.K.P. as guardian ad litem pursuant to her affidavit sworn on 11th March 2025. The Applicants and the guardian ad litem subsequently appeared before the Court, and I examined them in open court. They demonstrated full appreciation of the nature, consequences, and permanency of an adoption order, and I was satisfied as to their understanding and suitability. 3. The Court also considered the suitability of J.K.P., who had sworn an affidavit of fitness on 11th March 2025, and who was appointed as guardian ad litem at the commencement of these proceedings. When she appeared in court, I examined her on oath to assess both her understanding of her duties as guardian ad litem and her suitability to serve as the minor’s legal guardian upon adoption. She demonstrated clear appreciation of her statutory responsibilities, as well as a genuine commitment to the welfare of the minor. The inquiry undertaken by the Court, together with her participation in the proceedings and the supporting material filed, satisfied the Court that she is not only fit to continue safeguarding the child’s interests during the pendency of this cause, but is also an appropriate and capable person to be appointed as the minor’s legal guardian upon the making of the adoption order. 4. The minor J.F. was born on 07th September 2013 in [Particulars Withheld] Sub-location, Kisii Central. His biological mother, E.G.B., passed away on 11th March 2022, a fact confirmed by the death certificate filed herein. Following the mother’s death, the minor was taken into the care of his maternal https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18549/eng@2025-11-27 1
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grandparents, who later executed formal consents dated 08th December 2023, supporting the adoption. The minor, now of sufficient age and understanding, executed a written consent on 08th December 2023, expressing his wish to be adopted by the Applicants. The biological father is not involved in the child’s life and has not raised any objection. The statutory requirements concerning consent under Section 186(3) of the Children Act, 2022, are therefore satisfied. 5. The adoption society involved in this matter is Little Angels Network, which issued a Certificate Declaring the Child Free for Adoption, Serial No. 00XXX, dated 11th December 2024. The society filed a corresponding report, also dated 11th December 2024, confirming that the minor was placed with the Applicants in May 2022, and that he has settled well into their home, forming secure emotional bonds. 6. The Kisii County Children’s Officer filed a further report dated 26th November 2025, which affirms that the Applicants are socially, morally, and financially capable of providing stable parental care. The child is well integrated into their household, attends school, and is thriving. 7. The governing legal provisions are found principally in Sections 183 to 195 of the Children Act, 2022, read together with Sections 4 and 8, which emphasise that the best interests of the child are paramount. The Court has considered the suitability of the Applicants, who meet the statutory criteria under Section 185, including their age, marital status, mental and financial capacity, and their demonstrated ability to provide a loving and secure home. 8. The evidence shows that J.F. has lived with the Applicants for several years and regards them as his parents. He is emotionally bonded to them, is settled in school, enjoys continuity and stability, and has expressed a clear wish to remain in their care. Both the adoption society and the Children’s Department recommend the adoption. In the Court’s view, formalising this family relationship through adoption will best serve the minor’s long-term welfare, identity, emotional security and legal protection, including inheritance rights, as contemplated under Sections 193 and 194 of the Act. 9. Having considered the pleadings, the affidavits, the testimony given in court, and the reports filed by the adoption society and the Children’s Department, I am satisfied that all statutory requirements have been met and that it is in the best interests of the child that the adoption be granted. 10. For these reasons, the Court makes the following orders: 1. The Applicants, O.K.D and N.K.K., are authorised to adopt the minor J.F., who shall henceforth be known as J.F.K. 2. Upon the making of this order, J.F.K. shall for all purposes of the law be regarded as the child of the Applicants with full legal rights, including rights of inheritance in accordance with the Children Act, 2022. 3. The Registrar-General shall cause the adoption to be recorded in the Register of Adoptions pursuant to Section 195 of the Children Act, 2022. 4. J.K.P. is hereby appointed as the legal guardian of the minor, to assume parental responsibility in the event of the death or incapacity of the Applicants. 5. The Director of Children’s Services shall file a post-adoption follow-up report within six months from the date of this judgment. 6. This matter shall be mentioned on 25th May 2026 for the purpose of receiving and considering the post-adoption report. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18549/eng@2025-11-27 2
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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. Magara for M.W.Magara & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18549/eng@2025-11-27 3
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