In re LT (Child) (Adoption Cause E003 of 2025) [2025] KEHC 19703 (KLR) (27 November 2025) (Judgment) Neutral citation: [2025] KEHC 19703 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA ADOPTION CAUSE E003 OF 2025 AC BETT, J NOVEMBER 27, 2025 IN THE MATTER OF AAS ............................................................................................................. APPLICANT JUDGMENT 1. By an originating summons dated 28th February 2025, the Applicant is seeking to be authorised to adopt the minor LT. and that upon making the adoption order, the child is to be called the same name. The Applicant also prays that MAS and TAO be appointed as the child's legal guardians. 2. The Applicant is a Kenyan citizen by birth and currently residing and working in Kakamega County, where she is a Junior Secondary School teacher employed by the Teachers Service Commission of Kenya. She is single, 32 years old, and currently has no children of her own, but intends to have a family one day. She has no criminal history and owns a parcel of land in Butsotso, Kakamega. Her annual income is sufficient to enable her to bring up the child whom she has been supporting since birth because the biological mother, who has six other children, is unable to cater for all of them. 3. The child was born on 4th July 2017 to JMM, who is the Applicant’s sister. However, she lacks the financial stability to provide for LT and has opted for his adoption by her sister, who has formed a close bond with the child since she started taking care of him. 4. PW1 was Stephen Mule, the Sub-County Children’s officer, Kakamega Central. He produced a report dated 4th May 2025, prepared pursuant to a court order. He stated that he interviewed all the relevant parties, including the child’s biological mother, the Applicant’s siblings, the Applicant and the child. He established that this is a kinship adoption. He stated that, according to the report from the area chief, the child’s biological father cannot be traced and has never been in the child’s life since birth. In his opinion, there was no impediment to the intended adoption, and the office of the Director of Children’s Services had no objection to it. 5. PW2 was Jacqueline Wambui Mwangi from KPPI Adoption Society, who stated that they are the ones who handled the adoption process. She said she was involved in vetting the Applicant and sought https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19703/eng@2025-11-27 1
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the relevant documents from her to aid in determining her suitability to adopt the child. They also undertook a home visit and conducted interviews with the child and his biological mother. Upon being satisfied that all conditions for adoption had been met, they issued a certificate declaring the child free for adoption. The Certificate bears the serial number 0xx0 and was issued on 11th December 2024. The certificate was produced in court. 6. PW3 was DWM, who had been appointed as the child’s guardian ad litem by the court. He testified that he is a social worker and visited the Applicant’s home and interviewed the parties herein. He stated that he was satisfied that the child would be safe, and after preparing his report, he filed the same on 30th April 2025. According to the report by PW3, the child is in good health and settled with the Applicant. 7. PW4 was MAS, who swore an affidavit jointly with her husband, TAO and deponed that both of them have consented to be the legal guardians of the minor in case of any eventuality. She stated that she understood the implications of a legal guardianship and, if necessary, would take care of the child and provide his basic needs. PW5 was PW4’s husband and confirmed that he was ready to assume parental responsibility in the event it becomes necessary. 8. PW6 was the child’s mother, JMM. She confirmed that she is the biological parent of the children and is amenable to the adoption. 9. PW7 was the Applicant. She stated that she wished to be granted the opportunity to raise the child so she could provide him with parental love and care. She confirmed that she knew what adoption entails. 10. PW8 was the child. He stated that he is 7 years old and in Grade 3. He said that his mother is J, but he has been staying with his Aunty A and would like to stay with her permanently. 11. Before the hearing of the application, the Kenya Peace Initiative Adoption Society prepared what is referred to as the Adoption Bundle, which was filed in court. They also issued a certificate declaring the child free for adoption. All the requisite reports, including the medical and police reports, are favourable and recommend that the court allow the Applicant to adopt the child. 12. Section 185 of the Children Act 2022 states as follows:“ (1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya. (2) Without prejudice to the generality of subsection (1), no Court may entertain an application for an adoption order in respect of a child unless— (a) the child concerned has been in the continuous care and control of the applicant within Kenya for a period of three consecutive months preceding the filing of the application; and (b) the application for an adoption order is supported by a report made by a duly registered adoption society recommending that an adoption order be made. (3) The report referred to in subsection (2)(b) shall contain the society’s findings and recommendations in respect of the child and the applicant or applicants, as the case may be. (4) The following children shall be eligible for adoption— https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19703/eng@2025-11-27 2
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13. (a) a child who is an orphan and has no guardian or caregiver able and willing to take care of the child; (b) a child who has been abandoned or whose parents’ or guardian’s whereabouts cannot be traced within a period of one year; (c) children who are willingly ofiered for adoption by their biological parents in accordance with regulations made under this Part.” This is a kinship adoption by a Kenyan resident in Kakamega County. The biological mother's consent was obtained. It is noted that the biological father, though known, has been absent from the child’s life since birth. Section 186(8) of the Children Act stipulates that an application for adoption shall be accompanied by written consents from the child’s parents. However, this requirement can be dispensed with under certain limited conditions. Section 187 of the Act provides that:“ (1) (3) The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that— (a) in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child; (b) in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the child, that person has persistently neglected or refused to make contribution in accordance with the order; or (c) in any other case, except in respect of the consents required under section 186(8)(c) and (9), the person whose consent is required cannot be found or is incapable of giving his or her consent, or that his or her consent has been unreasonably withheld. The Court may dispense with the consent of the spouse of the applicant for an adoption order if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving consent, or that the spouses have separated or divorced and are living apart, and that such separation is likely to be permanent.” 14. I am satisfied that the child’s biological father has been neglectful of the child in the extreme, as he has not been in the child’s life since his birth. 15. I have reviewed the statutory documents filed by the Applicant and considered the oral evidence adduced. I find that the Applicant has fulfilled the legal requirements to adopt the child and that the adoption aligns with Article 53 of the Constitution and Section 8 of the Children Act. 16. I believe that it would be in the best interest of the child to be adopted by the Applicant. I allow the application and make the following orders: (a) The Applicant AAS is authorised to adopt the minor, LT. (b) MAS and TAO are hereby appointed the Legal Guardians in the event misfortune befalls the Applicant and she is unable to discharge her parental responsibilities. (c) The Guardian ad Litem, DWM, is hereby discharged. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19703/eng@2025-11-27 3
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(d) 17. The Registrar General is directed to make the appropriate entries in the Adopted Children’s Register. It is so ordered. DATED, SIGNED, AND DELIVERED AT KAKAMEGA, THIS 27TH DAY OF NOVEMBER 2025. A. C. BETT JUDGE In the presence of: The Applicant in person Court Assistant: Polycap https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19703/eng@2025-11-27 4
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