In re Baby ESM alias EAA - Child (Adoption Cause E005 of 2026) [2026] KEHC 11942 (KLR) (31 July 2026) (Judgment) Neutral citation: [2026] KEHC 11942 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU ADOPTION CAUSE E005 OF 2026 A MABEYA, J JULY 31, 2026 IN THE MATTER OF AN ADOPTION OF BABY ESM ALIAS EAA- CHILD AND IN THE MATTER OF AN APPLICATION BY WAM AND MAO - APPLICANTS JUDGMENT 1. This is a Judgment on the Originating Summons dated 26/5/2026. The Summons sought for an order of adoption of baby ESM alias EAA (‘the child’). It also sought an order directing the Registrar General to make an entry in the Adopted Children’s Register following granting of the adoption orders. 2. The applicants are man and wife living in Kisumu. The Child is a female born on 7/12/2023. The child is a biological daughter of SK and BM , minors and who are relatives to each other. 3. Because of the customs from which the biological parents of the child hail, the child could not be brought up within the community. It was therefore surrendered to Little Angels Network and declared free for adoption on 3/7/2024. 4. The applicants contend that Little Angels Network Case Committee considered their application for adoption and was satisfied that they met the legal and social parameters for adoption. They further contended that they have a secure home and were financially stable to provide a more stable home for the child. 5. WOM and JOA , consented to be appointed as Guardian ad Litem for the child. They appeared before me and testified on their suitability to such appointment. 6. The provisions of sections 184 to 186 of the Children’s Act set out the requirements for adoption. This Court has considered the same. 7. On 21/7/2026, both the applicants and guardians’ ad litem appeared and testified before me. Their evidence is on record. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11942/eng@2026-07-31 1
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8. I have considered the said testimonies, the entire record together with the Children’s Oficer’s report dated 6/7/2026. I am satisfied that the applicants are fit and suitable to be granted the prayers they seek and that the provisions of the law cited above have been met. Further, I have considered that it is in the best interest of the Child that the orders sought be made. 9. Accordingly, I allow the Originating Summons and make the following orders: a. That Washington Akandi Masiaga and Millicent Adhiambo Otieno be and are hereby authorized to adopt the child ESM alias EAA and an Adoption Order is hereby issued accordingly. b. That Wiclifie Akandi Masiaga and JOA be and are hereby appointed and confirmed as the guardians ad litem of the Child. c. That henceforth, the child be known as EAA and a Birth Certificate in respect thereof be issued accordingly. d. That the Registrar General do make the appropriate entry of this adoption in the Adopted Children’s Register accordingly. e. There shall be no orders as to costs. It is so decreed. DATED AND DELIVERED AT KISUMU THIS 31ST DAY OF JULY, 2026. A. MABEYA, FCI Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11942/eng@2026-07-31 2
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