In re ZAA (Child) (Adoption Cause E005 of 2025) [2026] KEHC 3609 (KLR) (18 March 2026) (Judgment) Neutral citation: [2026] KEHC 3609 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA ADOPTION CAUSE E005 OF 2025 AC BETT, J MARCH 18, 2026 IN THE MATTER OF CHILDREN ACT (141 LAWS OF KENYA) IN THE MATTER OF SKA ............................................................................................................. APPLICANT JUDGMENT 1. By way of an Originating Summons dated 3rd March 2025, the Applicant is seeking to be allowed to adopt the minor GLZ alias ZAA. The Applicant prays that JAK and IOO be appointed as the guardians to the minor. 2. The Applicant is a Kenyan citizen by birth and currently working and residing within Kakamega County as a businesswoman. She is a 37-year-old single lady with no children of her own, has no criminal record, and is desirous of adopting a baby girl. 3. She is financially stable and can take care of the child, as her biological parents have never seen, maintained or exercised parental responsibility or control of the minor. 4. The child was born out of an alleged incestuous relationship. The parents 'customs and culture’ prohibit close family relationships, and the biological parents released the child to Springs of Life Children’s Home and Little Angels Network for adoption. The child had been placed in the Applicant's care for 6 months prior to this application, which created a strong bond between the child and the Applicant, who has been caring for her. 5. PW1 was CS, who is an Advocate of the High Court, and was appointed as guardian ad litem by the court. She testified that she fulfilled her duty as the guardian ad litem and filed a report dated 17/11/2025 with the court on 24/11/2025. She stated that, upon observing the child's conduct with the Applicant, she was satisfied that the Applicant was fit to adopt the child. She stated that she was able to discuss with the Applicant the legal nature and implications of adoption, which the Applicant understood. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3609/eng@2026-03-18 1
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6. PW2 was JKA, who testified that the Applicant was an old friend and that she asked her and IOO, her husband, to be the guardians of the child. She stated that her role as the guardian was to care for the minor in case anything happened to the adoptive mother. She said that she understood her legal and social responsibility to care for the child and was agreeable to the responsibility. 7. PW3 was Caroline Akinyi Okuta, a Program Officer with Little Angels Network. She stated that they interviewed the child’s father, who gave his consent for adoption, after which they declared the child free for adoption. She said that the child was born out of an incestuous relationship, which was against the parents' customs and that she was committed to the legal custody of Spring of Life’s Children's Home on 29/5/2023 vide Vihiga SPMC Protection and Care Case No. 019 of 2023. She confirmed that she was the one who conducted the interviews and issued Certificate No. 002XXXX dated 5/7/2023, marked as PExh 1. She stated that the proposed adoption is in the child's best interests, as the child needs to grow up in a family setting. 8. PW4 was IOO. He confirmed that he was PW2’s husband and that the Applicant was his friend. He referred to his affidavit dated 3/3/2025, in which he consented to be the child’s guardian and agreed to assume parental responsibility if anything happened to the Applicant. 9. PW5 was SKA, the Applicant. She stated that the minor was two (2) years and eight (8) months, and confirmed that she understood what the adoption process entails, and that in case she was to get other children, the minor would be ranked the same as her other children. 10. This court has taken note of the statutory documents which were filed, being the Social Inquiry Form by Little Angels Network, the children’s office and medical reports, the report dated 27/11/2025 by the Director of Children’s Services, a certificate declaring the child free for adoption filed by Little Angel’s Network and all the other reports by the witnesses, which indicated that the Applicant was fit to adopt the child. 11. 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) An 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(a) a child who is an orphan and has no guardian or caregiver able and willing to take care of the child; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3609/eng@2026-03-18 2
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(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.” 12. This is a local adoption through the child welfare system by a Kenyan resident in Kakamega County. 13. The child’s father has consented to the adoption as the minor was born from an incestuous relationship, which is against the parents' customs. 14. According to Section 186(8) of the Children Act, an adoption application shall be accompanied by written consents from the child’s parents. However, this requirement can be dispensed with under certain limited conditions. 15. Section 187 of the Act provides that:“ (1) (3) The Court may dispense with any consent required while 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 contribute 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 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.” 16. Upon review of the documents filed by the Applicant, I am satisfied that the child’s parents both consented to giving up the minor for adoption, given the circumstances under which the minor was born. I further 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. 17. It would be in the best interest of the child to be adopted by the Applicant, and as such, this court will allow the application and make the following orders; (a) The Applicant SKA is authorized to adopt the minor, GLZ alias ZAA. (b) JAK and IOO are hereby appointed the Legal Guardians in the event misfortune befalls the Applicant, and she is unable to discharge her parental responsibilities. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3609/eng@2026-03-18 3
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18. (c) The Guardian ad Litem, CS, is hereby discharged. (d) 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 18TH DAY OF MARCH 2026. A. C. BETT JUDGE In the presence of: Applicant in person The Child Court Assistant: Polycap/Mikah https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3609/eng@2026-03-18 4
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