Skip to content
JudgmentC.M.N AND A.W.K VS3 min read

C.M.N AND A.W.K VS

High Court at Kericho High Court · · Sergon

1. The subject matter of this ruling is the Originating Summons dated 16 th June, 2025. In the aforesaid summons, the applicants namely Charles Mugo Ndegwa and Agnes Wanjiku Kairang’a sought for the following orders inter alia:-

(i) THAT JOSEPH KIPSANG (ID No.11298465) a Resident of Litein Town in the Republic of Kenya be appointed Guardian Ad Litem of the Child FAVOUR KANGAI alias SHIRLEEN FAVOUR MUGO.

(ii) THAT the Director, Children’s Services Department investigates the Applicants; fitness or otherwise to adopt the minor and files a report thereof.

(iii) THAT the applicants, CHARLES MUGO NDEGWA (ID NO.10967229) and AGNES WANJIKU KAIRANG’A (ID NO.20929171) both of Post Office Number 437-20210 be authorized to adopt the female child currently identified and known as FAVOUR KANGAI alias SHIRLEEN FAVOUR MUGO.

(iv) THAT STEPHEN NGURE KAIRANG’A (ID NO.24358656) the brother-in-law and biological brother respectively of the Applicants respectively, being a resident of Nairobi City County within the Republic of Kenya be appointed Guardian to take care of the interests of the minor should any misfortune befall the Applicants.

(v) THAT the said minor be declared a Kenyan Citizen

(vi) THAT the child be renamed SHIRLEEN FAVOUR MUGO and the Registrar of Births and Deaths be directed to issue a Birth Certificate for the said minor.

(vii) THAT the Registrar General does make appropriate entries in the Adopted Children’s Register.

2. The applicants filed the affidavit sworn by Charles Mugo Ndegwa in support of the summons.

3. The applicants stated that in the month of January, 2023, they applied for adoption of a child through the Change Trust Adoption Society and Adoption Society Incorporated under the Children Act and that child placement was considered and approved by the Adoption Society. The duo also averred that they are aware that the said Favour Kiangai alias Shirleen Favour Mugo (minor) was declared free for adoption on 21/5/2021. They also indicated that the minor has been under the care of Ripples International Children’s Home, Meru since 13 th September, 2019 after being abandoned by his biological mother at Kaituni Area, Igembe Sub-County and that Ripples International Children Home had taken physical custody of the child and assumed parental responsibility to the date of the applicant’s application.

4. It is the applicants’ submission that the minor was placed under their care and custody vide a Care and Placement Agreement dated 8 th January, 2024. They averred that since then, they have dutifully and faithfully abide by the terms of the agreement.

5. The applicants stated that they meet the requisite qualifications for the grant of adoption. They also averred that they possess sufficient economic means to take care of the child. They further proposed for an independent person from them namely Joseph Kipsang to be appointed as guardian ad litem.

6. It is clear from the material placed before this Court that the proposed guardian ad litem has consented to be appointed as such.

7. Having considered the averments made and the material placed before this Court, I am satisfied that the applicants meet the legal requirements and qualifications for them to be granted an adoption order. In the end, I find the Originating Summons dated 16 th June, 2025 to be meritorious. It is allowed in terms of prayers 1 to 7.

Delivered, signed and dated at Kericho this 3 rd day of December, 2025

…………………………………

J. K. SERGON

JUDGE

In the presence of :-

C/Assistant – Rutoh

Mwita for the Applicant

Page 3
    C.M.N AND A.W.K VS C.M.N AND A.W.K VS | Wakili Link