[1] The Originating Motion dated 20 th November 2024 was brought by the two applicants, J K K and B C C, under Sections 183 and 188 of the Children Act, 2022, for the following orders:
[a] That pending the hearing and determination of the application, the Court be pleased to appoint Gilbert Kemei as the Guardian Ad Litem for the minor.
[b] That the applicants, John Kibet Kitur and Betty Chepngetich Chumbe , be authorized to adopt the minor, C C.
[c] That the Children Officer, Directorate of Children Services, Nandi County, be required to file a report within 7 days from the date of filing of the application on the propriety of making the adoption order prayed for.
[d] That upon the applicants, John Kibet Kitur and Betty Chepng’etich Chumbe, being authorized to adopt the minor, the child be henceforth known as “Cayla Cherono”
[e] That an order be made for the Registrar General to make an entry of the Adoption Order in the Adopted Children’s Register.
[f] That any such further orders be made as the Court may deem fit in the interest of justice.
[2] The application was premised on the grounds that the minor has been living with and under the care of the mother, Everline Chepchirchir, and the minor’s maternal grandmother, Prisca Jepngetich Kenei since birth; and that she is currently in Grade 5 at Stewards’ Light Schools in Kapsabet where the applicants have been supporting her financially and otherwise for the past six years. The applicants further stated that they are based in the United States of America but have been able to bond well with the minor along with their children whenever they visited Kenya. They further deposed that the Little Angels Network approved the proposed adoption after a thorough scrutiny of the paper work and the circumstances giving rise to the instant application.
[3] Among the documents annexed to the applicant’s affidavit was a report prepared by an adoption society, namely, Little Angels Network. The report is dated 4 th September 2024 and it confirms that the first applicant, John Kibet Kitur , is the brother to Everline Chepchirchir, who is the biological mother of the minor. It was also reported that the minor was born out of wedlock on 18 th January 2014 and has no sibling; and that by the time she was born, the biological father had already left the country for South Africa and has therefore never met the minor. The adoption society further ascertained that the minor and her mother have all along been supported, financially and otherwise, by the two applicants.
[4] The report further shows that Everline Chepchirchir gave her informed consent to the application and that the minor has, over the years, developed a healthy relationship with the applicants and their children. In the premises, Little Angels Network expressed their satisfaction that the minor is available for adoption and that her adoption by the applicants would be in her best interest.
[5] The Court also called for a report from the County Children’s Office and the same was duly filed by the County Coordinator of Children Services. The said report is dated 29 th October 2025. It confirms that an assessment was done with a view of establishing the family environment, the subject’s living conditions and the applicants’ suitability in regard to child care and protection. The County Coordinator noted that the applicants met all the requirements for adoption under Section 185(4)(c) and Section 186(1)(b), (2)(b) of the Children Act and had demonstrated their capability to care for the minor whom they have supported consistently.
[6] The County Coordinator of Children Services also noted that the child stands to gain from being adopted by a family she has already lived with during holidays in Kenya. She accordingly recommended that orders be granted in favour of the prospective adoptive parents, John Kibet Kitur and Betty Chepng’etich Chumbe for their adoption of Cayla Cherono.
[7] The parties appeared before the Court on 23 rd July 2026 and both John Kibet Kitur and his sister Everline Chepchirchir were examined under oath to confirm the particulars given in the applicants’ Supporting Affidavit and the two reports aforementioned. The minor was also interviewed by the Court and it was ascertained that she is agreeable to the proposed adoption and was well-disposed to join the family of her uncle, the 1 st applicant. She confirmed that she had interacted with the family of the 1 st applicant and that she relates well with her cousins.
[8] Although the consent of the minor’s biological father was not obtained, the omission is excusable pursuant to Section 187(1)(c) of the Children Act.
[9] Article 53(2) of the Constitution is explicit that:
(2) A child’s best interests are of paramount importance in every matter concerning the child.
[10] This precept is reiterated in Section 8 of the Children Act , No 29, 2022. The provision states as follows:
( 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.
(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity.
[11] Therefore, in a matter such as this, the court is enjoined to give due consideration to the above factors. Indeed, the purpose of adoption is to provide children who cannot be raised by their birth parents with a permanent, secure, and loving family with a view ensuring their long-term stability and well-being. For this reason, Section 183 of the Children Act, provides that:
(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) the 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;
(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 offered for adoption by their biological parents in accordance with regulations made under this Part.
[12] The evidence placed before the Court confirms that the child, now aged 11 years, has been in the custody and care of her biological mother, Everlyne Chepchirchir who is a jobless single parent who has been relying on her aged parents and the 1 st applicant for support in providing for the minor. A Certificate declaring the mior free for adoption was exhibited by the applicant alongside a report prepared by Little Angels Network pursuant to Section 184(1)(a) of the Children Act. In addition, the report by the Children’s Officer confirms that as at the time of the assessment, the child had bonded well with the applicant and her family.
[13] In addition to the foregoing, Section 194(1) of the Children Act is explicit that:
“Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that—
(a) every person whose consent is required under this Part, which consent has not been dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made;
(b) in the case of a parent, the parent understands that the effect of the adoption order is to permanently deprive him or her of his or her parental rights;
(c) if made, the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;
(d) the applicant has not received or agreed to receive, and that no person had made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption;
(e) any person whose consent is dispensed with on the grounds of incapacity is still incapable of giving consent at the date of making the order;
(f) where the applicant is not a relative of the child, reasonable steps have been taken to
inform the relatives of the child of the proposed adoption, and no relative who is capable of exercising care over the child has expressed willingness to do so;
(g) both the applicant and the child have been assessed and evaluated by a duly registered adoption society in Kenya in accordance with this Act and the society’s report delivered to the Court; and
(h) the Council has certified and declared the child free for adoption.”
[14] Therefore, the foregoing requirements having been met by the applicants to the satisfaction of the Court, I find merit in the Originating Summons dated 20 th November 2024. The same is hereby allowed and orders granted as hereunder:
[a] That the applicants , John Kibet Kitur and Betty Cheng’etich Chumbe, be and are hereby authorized to adopt the minor, Cayla Cherono , and an Adoption Order to issue accordingly.
[b] That the child be henceforth known as “Cayla Cherono”
[c] That the Registrar General be and is hereby ordered to make an entry in respect of the Adoption Order made herein in the Adopted Children’s Register.
[d] That Gilbert Kemei be and is hereby appointed as the Guardian Ad Litem for the minor for purposes of Section 195(1) of the Children Act.
[e] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14 TH DAY OF AUGUST 2026
[a] That pending the hearing and determination of the application, the Court be pleased to appoint Gilbert Kemei as the Guardian Ad Litem for the minor.
[b] That the applicants, John Kibet Kitur and Betty Chepngetich Chumbe , be authorized to adopt the minor, C C.
[c] That the Children Officer, Directorate of Children Services, Nandi County, be required to file a report within 7 days from the date of filing of the application on the propriety of making the adoption order prayed for.
[d] That upon the applicants, John Kibet Kitur and Betty Chepng’etich Chumbe, being authorized to adopt the minor, the child be henceforth known as “Cayla Cherono”
[e] That an order be made for the Registrar General to make an entry of the Adoption Order in the Adopted Children’s Register.
[f] That any such further orders be made as the Court may deem fit in the interest of justice.
[2] The application was premised on the grounds that the minor has been living with and under the care of the mother, Everline Chepchirchir, and the minor’s maternal grandmother, Prisca Jepngetich Kenei since birth; and that she is currently in Grade 5 at Stewards’ Light Schools in Kapsabet where the applicants have been supporting her financially and otherwise for the past six years. The applicants further stated that they are based in the United States of America but have been able to bond well with the minor along with their children whenever they visited Kenya. They further deposed that the Little Angels Network approved the proposed adoption after a thorough scrutiny of the paper work and the circumstances giving rise to the instant application.
[3] Among the documents annexed to the applicant’s affidavit was a report prepared by an adoption society, namely, Little Angels Network. The report is dated 4 th September 2024 and it confirms that the first applicant, John Kibet Kitur , is the brother to Everline Chepchirchir, who is the biological mother of the minor. It was also reported that the minor was born out of wedlock on 18 th January 2014 and has no sibling; and that by the time she was born, the biological father had already left the country for South Africa and has therefore never met the minor. The adoption society further ascertained that the minor and her mother have all along been supported, financially and otherwise, by the two applicants.
[4] The report further shows that Everline Chepchirchir gave her informed consent to the application and that the minor has, over the years, developed a healthy relationship with the applicants and their children. In the premises, Little Angels Network expressed their satisfaction that the minor is available for adoption and that her adoption by the applicants would be in her best interest.
[5] The Court also called for a report from the County Children’s Office and the same was duly filed by the County Coordinator of Children Services. The said report is dated 29 th October 2025. It confirms that an assessment was done with a view of establishing the family environment, the subject’s living conditions and the applicants’ suitability in regard to child care and protection. The County Coordinator noted that the applicants met all the requirements for adoption under Section 185(4)(c) and Section 186(1)(b), (2)(b) of the Children Act and had demonstrated their capability to care for the minor whom they have supported consistently.
[6] The County Coordinator of Children Services also noted that the child stands to gain from being adopted by a family she has already lived with during holidays in Kenya. She accordingly recommended that orders be granted in favour of the prospective adoptive parents, John Kibet Kitur and Betty Chepng’etich Chumbe for their adoption of Cayla Cherono.
[7] The parties appeared before the Court on 23 rd July 2026 and both John Kibet Kitur and his sister Everline Chepchirchir were examined under oath to confirm the particulars given in the applicants’ Supporting Affidavit and the two reports aforementioned. The minor was also interviewed by the Court and it was ascertained that she is agreeable to the proposed adoption and was well-disposed to join the family of her uncle, the 1 st applicant. She confirmed that she had interacted with the family of the 1 st applicant and that she relates well with her cousins.
[8] Although the consent of the minor’s biological father was not obtained, the omission is excusable pursuant to Section 187(1)(c) of the Children Act.
[9] Article 53(2) of the Constitution is explicit that:
(2) A child’s best interests are of paramount importance in every matter concerning the child.
[10] This precept is reiterated in Section 8 of the Children Act , No 29, 2022. The provision states as follows:
( 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.
(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity.
[11] Therefore, in a matter such as this, the court is enjoined to give due consideration to the above factors. Indeed, the purpose of adoption is to provide children who cannot be raised by their birth parents with a permanent, secure, and loving family with a view ensuring their long-term stability and well-being. For this reason, Section 183 of the Children Act, provides that:
(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) the 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;
(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 offered for adoption by their biological parents in accordance with regulations made under this Part.
[12] The evidence placed before the Court confirms that the child, now aged 11 years, has been in the custody and care of her biological mother, Everlyne Chepchirchir who is a jobless single parent who has been relying on her aged parents and the 1 st applicant for support in providing for the minor. A Certificate declaring the mior free for adoption was exhibited by the applicant alongside a report prepared by Little Angels Network pursuant to Section 184(1)(a) of the Children Act. In addition, the report by the Children’s Officer confirms that as at the time of the assessment, the child had bonded well with the applicant and her family.
[13] In addition to the foregoing, Section 194(1) of the Children Act is explicit that:
“Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that—
(a) every person whose consent is required under this Part, which consent has not been dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made;
(b) in the case of a parent, the parent understands that the effect of the adoption order is to permanently deprive him or her of his or her parental rights;
(c) if made, the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;
(d) the applicant has not received or agreed to receive, and that no person had made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption;
(e) any person whose consent is dispensed with on the grounds of incapacity is still incapable of giving consent at the date of making the order;
(f) where the applicant is not a relative of the child, reasonable steps have been taken to
inform the relatives of the child of the proposed adoption, and no relative who is capable of exercising care over the child has expressed willingness to do so;
(g) both the applicant and the child have been assessed and evaluated by a duly registered adoption society in Kenya in accordance with this Act and the society’s report delivered to the Court; and
(h) the Council has certified and declared the child free for adoption.”
[14] Therefore, the foregoing requirements having been met by the applicants to the satisfaction of the Court, I find merit in the Originating Summons dated 20 th November 2024. The same is hereby allowed and orders granted as hereunder:
[a] That the applicants , John Kibet Kitur and Betty Cheng’etich Chumbe, be and are hereby authorized to adopt the minor, Cayla Cherono , and an Adoption Order to issue accordingly.
[b] That the child be henceforth known as “Cayla Cherono”
[c] That the Registrar General be and is hereby ordered to make an entry in respect of the Adoption Order made herein in the Adopted Children’s Register.
[d] That Gilbert Kemei be and is hereby appointed as the Guardian Ad Litem for the minor for purposes of Section 195(1) of the Children Act.
[e] That there be no order as to costs.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 14 TH DAY OF AUGUST 2026