1. Before this Court is the Originating Summons dated 27th January, 2025, Statement in Support of the Application for an Adoption Order and Affidavit in Support of the Application, seeking:
(i) That………
(ii) That………
(iii) That the Applicants J.J.O. and P.A.O. be authorized to adopt Baby R.A.L. alias N.J.O. and that an adoption order be issued and be extracted in the prescribed form under the Children Act and Rules.
(iv) That the Baby be henceforth formally known as N.J.O. and that the Registrar of Births and Deaths do issue the said Baby R.A.L. alias N.J.O. with a birth certificate containing his full names as given by the adoptive parents.
(v) That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register to reflect the adoption of the child Baby R.A.L. alias N.J.O. by the adoptive parents herein J.J.O. and P.A.O.
(vi) That the court be pleased to make any further orders it deems necessary.
2. The matter was canvassed by way of viva voce evidence on 23rd April, 2025.
The Child.
3. The child (male) was born on 27th August, 2022 in Kakamega County out of an incestuous relationship and could not be raised by the biological parents due to cultural prohibitions. He was committed Springs of Life Children’s Home. The child’s biological parents are unknown to the Applicants. The child was later handed over to the Applicants after being declared free for adoption by Little Angels Adoption Society and has remained in their custody since October, 2022.
The Applicants.
4. The Applicants are a legally married couple since 2005. They have another adopted child, now aged 11 years old. They are both Kenyans and reside in Kisumu. P.A.O. works with the Kisumu County Government as a clerical officer while J.J.O. is a technician at Agro Chemicals Company in Chemilil.
5. The proposed adoptive mother was born on 15th August, 1979 while the proposed adoptive father was born on was born on 15th February, 1975. Both Applicants went through formal education.
6. The Applicants’ motivation for the adoption is that they would like to give the child a home, legally. In their Statement in support of the Application, they state that they have been the child’s primary caregivers since October, 2022 and that they are financially capable of fending for the child.
7. The Applicants presented copies of documents, recommendations and referee information, all pursuant to the provisions of the Children (Adoption) Regulations, 2020. Among the documents provided was their certificates of police clearance that demonstrate that they have no criminal history.
8. The documents disclose that the Applicants are financially, socially, physically and mentally fit to adopt the child. The Applicants confirmed that they fully understand the implications of an adoption order and that the same is irreversible.
9. Additionally, pursuant to Section 195 of the Children Act, the Applicants provided consent from Jacob Ouma Mbayi and Eunice Atieno Ouma agreeing to be appointed as the legal guardians of the child in the event that anything untoward happened to the Applicants.
The Adoption Approval Process
10. Little Angels Network, an Adoption Agency conducted an assessment of the Applicants. The Agency filed its report recommending the adoption of the child by the Applicants. The child was declared free for adoption by the Agency vide a Certificate of Declaring a Child Free for Adoption serial number 002301 dated 18th November, 2022.
11. On 27th February, 2025, this court issued an directing the Director of Children’s Services to investigate the suitability and fitness of the Applicants to adopt the child. The report was filed and the same is to the effect that the Applicants are fit to adopt the child.
Analysis and Determination
12. The child herein was born in Kenya and is therefore a citizen of Kenya by birth. The biological parents of the child are unknown to the Applicants. The child was freely given to Springs of Life Children’s Home for adoption. This adoption, therefore, allows the child the opportunity to be raised in a stable and loving home environment.
13. In deciding any matter involving a child, the court is obligated to give priority to the best interest of the child. Section 8 of the Children Act provides:
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies –
(a) The best interests of the child shall be the primary consideration;
(b) The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule;
(2) All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:-
(a) Safeguard and promote the rights and welfare of the child;
(b) Conserve and promote the welfare of the child; and
(c) Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.
14. I have considered the reports filed by the Adoption Agency, the Guardians Ad Litem, the Director of Children Services, all of which were positive and recommended the adoption. I was able to see the child, who was present before me and who looked happy and healthy in the custody of the Applicants.
15. It is, therefore, my view that the adoption does serve the best interests of the child as the Applicants have been approved as a prospective adoptive parents by competent social workers through a duly registered Adoption Society under the Department of Children Services, thus they are able to effectively handle their parental responsibilities.
16. Accordingly, I allow the Summons and make the following orders:
(i) That the Applicants John Juma Owino and Perez Atieno Onyango are hereby is allowed to adopt (as father and mother respectively) the child currently identified as Baby Reuben Ainea Lipuku.
(ii) Upon adoption, the child shall be renamed Nathaniel Jeremy Owino.
(iii) The child is declared to be a Kenyan citizen by birth, entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws.
(iv) Jacob Ouma Mbayi and Eunice Atieno Ouma are hereby jointly appointed as Legal Guardians of the child.
(v) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register.
Delivered, Dated and Signed this 5th day of May, 2025.
JOE M. OMIDO
JUDGE