High Court 19759 of 2025

their father’s death certificate RIO -2 letter by the mother RIO -3). The applicants told the court that they are business people and thus are capable of taking care of the needs of the children (they annexed evidence of property ownership and account statements RIO -6. Also, that they are financially able to take care of the children. It is also the case of the applicants that the mother JNO (Pw6) has voluntarily consented to the adoption. Further that the intended guardians are the brother to the 1st applicant and his wife (Pw2 and PW1) have consented to take up parental responsibility of the children of the children in case of their demise or incapacitation as per their letter of consent “RIO -11’’ and they have no interest adverse to that of the child herein and that they are financially endowed and hence will be able to take care of the child in the event that they are not there. 4. They told this court that the Kenya Children Homes Adoption Society cleared the children of adoption (see Adoption Agency’s report dated 19.9.2024 and certificates of declaration dated 18.8.2021 Serial numbers 1628, 1629 and 1640). 5. The applicants testified as Pw4 and Pw7. They said they are willing to adopt the subjects herein who are their niece and nephews who were thrown out by their relatives upon the demise of their father. PW4 said he resides in USA while his wife PW7 said she lives in Nyamarambe in Kisii - Kenya. PW6 JNO is the mother to the subjects herein. He adopted her affidavit dated 9.8.21 filed herein and said she had given up the children for adoption voluntarily as she is a widow and was chased away with the children by law in laws. Further that she has no means to take care of the Children. 6. SN and SMO (Pw1 and Pw2) are a couple, a brother and sister in-law to the applicants and the proposed guardians’ children herein. They said they understand that the duty will be to step in for the applicants as adoptive parents in case of their demise or incapacity. 7. PW3 Mary Mwagoma is an adoption officer at Kenya Children home adoption society. She said the children were freed for adoption on 18.8.21 vide certificate number 1628. 1629 and 1640 upon obtaining their consent and that of their mother. Also, that they prepared their report dated 19.9.24 which she produced herein. 8. PW5 Mr. Nyahiri Chacha a children officer based at Etago sub county filed his social background report on the children and supported the assertions of the mother that she has given up the children for adoption voluntarily and that the children have also consented to adoption by their uncle and aunt. 8. The Children were availed in court on 2.12.24 and each of them consented to the adoption by their uncle and aunt. Analysis And Determination 9. I have carefully considered the summons before me the evidence on record as well as the various requisite reports filed herein. 10. The Subject children herein were aged 17, 16 and 11 respectively at the time this case was filed. They are all still in school. Section 184 (1) (b) of the Act. They were declared free for adoption vide the report of the Kenya Children Homes Adoption Society dated 19.9.24 (see Adoption Agency’s report dated 19.9.2024 and certificates of declaration dated 18.8.2021 Serial numbers 1628, 1629 and 1640). 11. The children consented to the adoption in court, during the interview by the adoption agency and the also before the children officer. 12. On whether the applicants are fit to adopt the children herein. They are both citizens of Kenya as evidence by their national identity cards which indicate that they were born in the years 1988 and 1993 respectively. Section 186 of the Children Act provides that for one to qualify to adopt a child, he must https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19759/eng@2025-10-27 2

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be between the age of 25 and 65 years old. The applicants are thus are thus within the legal age limit for adoption under the Act. 13. It has emerged that the applicants are a married couple working for gain in USA and Kenya respectively. The 1st applicant has annexed his bank statements showing that he is a person of mean of means and hence he is able to fully provide for the needs of the children. The applicants also told the court that they have no interest adverse to that of the children had custody of the children from the year 2020 and have been providing their basic needs. The children were availed in court and I noted that he looked well kempt, happy and it is clear that they have bonded well with the applicants. 14. I have seen the supporting documents filed herein and it is clear that back ground checks were done on the applicants by the police, children department, the area chief, the church and they are people of good character and they will be able to raise the child well. This is kinship adoption under Section 193 of the Children Act which provides adopted children with family love care and protection. 15. In the upshot, I find that the applicants have established that they will provide the child with privileged education and upbringing within the warmth of a stable Christian family. They are thus able and fit to adopt the child herein in their best interest 16. I allow the originating summons dated 20.4.22 and I make the following orders in the best interest of the children: a. That the applicants be allowed to adopt B.M.O, Z. N.O and J. N.O. b. That the registrar general be ordered to enter the children’s names in the Adoption register. c. That S.M.O & S N be appointed as legal guardians of the children e. That M.N K is hereby discharged as guardian ad litem of the subjects herein. f. costs in the cause. T.A ODERA JUDGE 27.10.25 DELIVERED VIRTUALLY VIA TEAMS PLATFORM ON THIS 28TH DAY OF OCTOBER 2025 IN THE PRESENCE OF: Counsel Applicants Court Assistant: Kipchirchir https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19759/eng@2025-10-27 3

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