1. The subject matter of this ruling is the Originating Summons dated 23 rd October, 2024 taken out by Emily Abila Ajambo and Wycliff Omondi Owuor being the 1 st and 2 nd Petitioners/Applicants. In the aforesaid summons, the Petitioners/Applicants seek for the following orders inter alia:-
(i) THAT Elector Adhiambo Odhiambo of Post Office Number 678-20200, Kericho in the Republic of Kenya be appointed Guardian Ad Litem of the child CATHERINE JOY BAHATI.
(ii) THAT the Director, Children’s Services Department investigates the Applicants’ fitness or otherwise and files a report thereof.
(iii) THAT the Applicants; EMILY ABILA AJAMBO and
WYCLIFF OMONDI OWUOR be authorized to adopt the female child currently identified and known as child CATHERINE JOY BAHATI.
(iv) THAT KINUS J. AJIAMBO and WINNIE WILLIMINA
AKINYI both of Post Office Box Number 393-50409, NAMBALE and who are the 1 st Applicant’s brother and Sister-in-Law respectively, be appointed guardians to take care of the interests of the minor should any misfortune befall the Applicants.
(v) THAT the child be renamed as TANDY JOY OMONDI.
(vi) THAT the child be declared a Kenyan Citizen.
(vii) THAT THE Registrar General does make appropriate entries in the Adopted Children’s Register.
(viii) THAT the Registrar of Births and Deaths does issue a Birth Certificate to the Minor.
2. The summons is supported by the Affidavit sworn by Wycliff Omondi Owuor.
3. This Court has considered the grounds state on the face of the Originating summons and the facts deponed in the supporting affidavit plus the oral submissions made by Mr. Morata Learned Counsel appearing for the Applicants.
4. The Applicants aver that they do not have any blood relationship with the child. They indicated that they applied for adoption of a child through the Little Angels Network, an Adoption Society incorporated under the Children Act and that pursuant to the aforesaid application, child placement was considered and approved by the Adoption Society.
5. The Applicant further averred that they were informed by the Program Officer of the Adoption Society that the child namely: Catherine Joy Bahati had been declared free for adoption and was on 10 th December, 2023 placed under their care and custody. They said that they assumed parental responsibility since then to-date.
6. The Applicants also stated that they have since faithfully abided by the terms of the Care Agreement they executed. The duo further stated that they are possessed of sufficient economic means to take care of the child.
7. The Applicants also urged this Court to appoint an independent person namely: Elector Adhiambo Odhiambo as guardian ad litem. The record shows that the proposed guardian ad litem consented to being appointed as such
8. Having considered the material placed before this Court, I am convinced that the Applicants meet the requirements needed to be authorized to adopt the female child known as Catherine Joy Bahati. In the end, the Originating Summons dated 23 rd October, 2024 is found to be meritorious. It is allowed in terms of Prayers 1-8.
Delivered, signed and dated at Kericho this 3 rd day of November, 2025
…………………………………
J. K. SERGON
JUDGE
In the presence of :-
C/Assistant – Rutoh
Mbeche for the Petitioner
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(i) THAT Elector Adhiambo Odhiambo of Post Office Number 678-20200, Kericho in the Republic of Kenya be appointed Guardian Ad Litem of the child CATHERINE JOY BAHATI.
(ii) THAT the Director, Children’s Services Department investigates the Applicants’ fitness or otherwise and files a report thereof.
(iii) THAT the Applicants; EMILY ABILA AJAMBO and
WYCLIFF OMONDI OWUOR be authorized to adopt the female child currently identified and known as child CATHERINE JOY BAHATI.
(iv) THAT KINUS J. AJIAMBO and WINNIE WILLIMINA
AKINYI both of Post Office Box Number 393-50409, NAMBALE and who are the 1 st Applicant’s brother and Sister-in-Law respectively, be appointed guardians to take care of the interests of the minor should any misfortune befall the Applicants.
(v) THAT the child be renamed as TANDY JOY OMONDI.
(vi) THAT the child be declared a Kenyan Citizen.
(vii) THAT THE Registrar General does make appropriate entries in the Adopted Children’s Register.
(viii) THAT the Registrar of Births and Deaths does issue a Birth Certificate to the Minor.
2. The summons is supported by the Affidavit sworn by Wycliff Omondi Owuor.
3. This Court has considered the grounds state on the face of the Originating summons and the facts deponed in the supporting affidavit plus the oral submissions made by Mr. Morata Learned Counsel appearing for the Applicants.
4. The Applicants aver that they do not have any blood relationship with the child. They indicated that they applied for adoption of a child through the Little Angels Network, an Adoption Society incorporated under the Children Act and that pursuant to the aforesaid application, child placement was considered and approved by the Adoption Society.
5. The Applicant further averred that they were informed by the Program Officer of the Adoption Society that the child namely: Catherine Joy Bahati had been declared free for adoption and was on 10 th December, 2023 placed under their care and custody. They said that they assumed parental responsibility since then to-date.
6. The Applicants also stated that they have since faithfully abided by the terms of the Care Agreement they executed. The duo further stated that they are possessed of sufficient economic means to take care of the child.
7. The Applicants also urged this Court to appoint an independent person namely: Elector Adhiambo Odhiambo as guardian ad litem. The record shows that the proposed guardian ad litem consented to being appointed as such
8. Having considered the material placed before this Court, I am convinced that the Applicants meet the requirements needed to be authorized to adopt the female child known as Catherine Joy Bahati. In the end, the Originating Summons dated 23 rd October, 2024 is found to be meritorious. It is allowed in terms of Prayers 1-8.
Delivered, signed and dated at Kericho this 3 rd day of November, 2025
…………………………………
J. K. SERGON
JUDGE
In the presence of :-
C/Assistant – Rutoh
Mbeche for the Petitioner
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