In re Application for Adoption of LMK (Adoption Cause E002 of 2025) [2026] KEHC 2420 (KLR) (19 February 2026) (Judgment) Neutral citation: [2026] KEHC 2420 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO ADOPTION CAUSE E002 OF 2025 JK SERGON, J FEBRUARY 19, 2026 IN THE MATTER OF RC ......................................................................................................... 1ST APPLICANT DKM .................................................................................................... 2ND APPLICANT JUDGMENT 1. 2. The subject matter of this Judgment is the Originating Summons dated 28th February, 2025 taken out by RC and DKM, the Applicants herein whereof they sought for the following Orders:i. That SKL of Post Office Number 352, Kericho in the Republic of Kenya be appointed guardian ad litem of the child herein LMK. ii. That the Director, Children’s Services Deparment investigates the Applicants’ fitness or otherwise and files a report thereof. iii. That the Applicants RC and DKM be authorized to adopt the child currently identified and known as LMK. iv. That WL and RKL, of Post Office Box Number 352, Kericho, be appointed as a Guardian to take care of the interests of the minor should any misfortune befalls the Applicants. v. That the Child be renamed as AKR. vi. That the Child be declared as Kenyan Citizen. vii. That the Registrar General does make appropriate entries in the adopted Children’s Register. viii. That the Court does issue such further orders and directions as are in the interest of Justice. The Applicants filed an Affidavit they jointly swore in support of the summons. At the time of writing this Judgment, prayers or orders (i) and (ii) had been granted. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2420/eng@2026-02-19 1
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3. The Applicants have in their Affidavit expressed their intention to adopt LMK, a Minor. The deponed that they applied through Change Trust, an adoption Society incorporated under the Children’s Act to adopt the aforementioned minor. 4. The Applicants further stated that pursuant to the said Application for adoption, child placement was considered and approved by the Adoption Society. They further averred that LMK was declared free for adoption and a Certificate issued to declare the child as free for adoption. 5. It is indicated that the child was admitted to Kipchamgaa Children’s home in Kericho on 2nd June, 2022 after being abandoned and was handed over to them after they entered into a care agreement with the Children’s Home. 6. I have considered the material placed before this Court plus the averments made in the Affidavit evidence. It is apparent that a guardian ad litem in the name of Samwel Kipkurui Lang’at has been appointed upon obtaining his consent. This is one of the prerequisites required from the onset. 7. This Court is also satisfied that the Director, Children Services Department has given the greenlight that the Applicants are persons fit to adopt the minor. 8. Having considered all the factors obtaining in this matter, I am satisfied that the Originating Summons is meritorious. It is allowed in terms of prayers (iii), (iv), (v), (vi) and (vii). No orders as to costs. DELIVERED, SIGNED AND DATED AT KERICHO THIS 19TH DAY OF FEBRUARY, 2026. …………………………… J. K. SERGON JUDGE In the presence of:C/Assistant - Rutoh. Miss Jausiku for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2420/eng@2026-02-19 2
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