1. Vide an Originating Summons dated 24t September 2024 the applicants who came under section 2,3,7,8,11.12.17.31,183, 185, 186, 187, 188(4), 189, 194, 195 200, 201, 210 and 211 of the Children Act No. 29 of 2022 sought the following orders ;
i. That the applicants be allowed to adopt the child identified as EZRA BARAKA
ii. That the child be hence named TREVOR KIOKO KIILU
iii. That VALENTINE MUENI MUKEKU AND SAMUEL KIOKO MUSYIMI be appointed the legal guardians of the child in the event that the applicants herein are incapacitated or in any way unable to discharge their parental obligations
iv. That the guardian ad litem be discharged
1) That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register The application is supported by the grounds on its face and the joint statement in support of the application sworn on even dated. That the proposed adoption will be in the best interest of the child who will benefit from love and belonging within a family unit with a common name.
2) That the applicants have been approved as Prospective and adoptive parents by the case committee of a duly registered adoption society under the Department of Children’s Services.
3) The applicants made an application to the Kenya Children’s home adoption society to adopt a boy child from their organization as evidenced by the application letter and all the necessary documents that they were requested to provide
4) That they are married to each other as evidenced by the marriage certificate attached.
5) The child was born on April 15th. 2015 to a minor through an incestuous relationship. the minor refused to raise the child, and abandoned the child on the 5th of May. The child was committed to Limuru Children’s center. 21st June 2023 the child was declared free for adoption. And the certificate declaring the child free for adoption was issued in occurrence with section 156 one of the children act.
6) The child has been in the custody of the applicants and has been enrolled to Kyang’a Primary School. By the applicants.
7) They have two daughters aged 21 and 13 years respectively and wish to adopt a boy. Both have consented to this application.
8) .
1. In support of the application the attached the following all the requisite documents including Copy of certificate of marriage, consent by their children, Copy of Court order. Medical Certificates, Copies of Applicant’s National Identification cards., Certificate of freeing a child, report to declare a child free for adoption and the care and placement agreement, Police clearance certificates, evidence of financial ability and health fitness, recommendations from family and church, pre placement reports, report by DCS finding them suitable adoptive parents.
2.
3. “.
2. I heard viva voce evidence from the applicants and the proposed legal guardians.
3. I have perused all the social inquiry report in the file – and the applicants came with high recommendations from the Directorate of Children Services and the guardian ad litem, the Adoption Agency, the family and community.
4. They have complied with all the legal requirements – and the brief encounter we had in court with them and the child, and their eldest daughter it was evident that they have bonded over the time they have spent together.
5. They are ready, able and willing to provide the child herein with the opportunity to enjoy the right to a family, to love, care and attention , to siblings, and they too, the duty to exercise parental responsibility, and their children to have a brother.
6. These rights of the child that are enshrined in the Constitution Article 53
(1) Every child has the right—
(a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and
(f)…
(2) A child’s best interests are of paramount importance in every matter concerning the child
7. I remind the parents what parental responsibility entails as per s. 31. of the Children Act which states:
Equal parental responsibility
(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child.
(2) The duties referred to in subsection (1) include, but are not limited to—
(a) the duty to maintain the child and, in particular, to provide the child with—basic nutrition; shelter; water and sanitation facilities; clothing; medical care, including immunization; basic education; and general guidance, social conduct and moral values;
(b) the duty to protect the child from neglect, abuse, discrimination or other differential treatment;
(c) the duty to-- provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child; determine the name of the child; procure registration of the birth of his or her child; appoint a legal guardian in respect of the child; receive, recover and otherwise deal with the property of the child for the benefit, and in the best interests, of the child; facilitate or restrict the migration of the child from or within Kenya; upon the death of the child, to arrange for the burial, cremation of the child or any other acceptable method of interment; and
(d) the duty to ensure that, during the temporary absence of the parent or guardian, the child shall be committed to the care of a fit person.
8. The legal guardians understand their role would entail the above and even more on top of taking care of their own children . The court appreciates the applicants for their sacrifice to secure the welfare and rights of this child by seeking to exercise full parental rights.
9. When hearing adoption matters and listening to adoptive parents, I have noted a gap, in that neither the Secretary children Services nor the Adoption Agency gives any psycho social support to the family once the adoptive order is made. In my considered view this gap was addressed by Section 194.of the Children Act which provides for the Powers of the Court in adoption proceedings. Under section 194(2) it states
The Court may make an adoption order under this Part on such terms and conditions as the Court may think fit, including orders—
(c) requiring the adopter to accept supervision by, and advice from, an adoption society specified by the Court for such period as the Court may direct.
10. Adoption of a child is not an event. It is a process that involves the child, the immediate family and the community at large. It can come with its own challenges , and the new family requires help to navigate those challenges in the best interests of the child. It is for this reason that I find it necessary to add a supervisory order to the adoption order to be effected by both the Secretary and the Adoption agency to assist the family navigate this new phase.
11. Ultimately, I find nothing to stand against this noble gesture of the applicants herein and allow the application in the following terms:
1. That Julius Kiilu Kioko and Elizabeth Mwende Mutune be and are hereby allowed to adopt EZRA BARAKA to be known as TREVOR KIOKO KIILU
2. That VALENTINE MUENI MUKEKU and SAMUEL KIOKO MUSYIMI be and are hereby appointed the legal guardians of the child.
3. That the REGISTRAR GENERAL be and is hereby directed to make in the Adopted Children’s register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto.
4. The guardian ad litem be and is hereby discharged.
5. The Secretary, Children Services and the Adoption Agency, Kenya Children Homes Adoption Society be and are hereby directed to provide the appropriate supervision and psychosocial support to the adopters and the child for the next 18 months.
6. The Deputy Registrar Makueni High Court to ensure the order of supervision and psycho-social support is extracted and served upon the Adoption Agency and the Secretary for compliance. This order be entered in the appropriate Register for follow up.
7. Orders Accordingly.
Dated signed and delivered virtually this 15th August 2025
MUMBUA T. MATHEKA
JUDGE
CA Chrispol
Mr. Kioko for the applicants
i. That the applicants be allowed to adopt the child identified as EZRA BARAKA
ii. That the child be hence named TREVOR KIOKO KIILU
iii. That VALENTINE MUENI MUKEKU AND SAMUEL KIOKO MUSYIMI be appointed the legal guardians of the child in the event that the applicants herein are incapacitated or in any way unable to discharge their parental obligations
iv. That the guardian ad litem be discharged
1) That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register The application is supported by the grounds on its face and the joint statement in support of the application sworn on even dated. That the proposed adoption will be in the best interest of the child who will benefit from love and belonging within a family unit with a common name.
2) That the applicants have been approved as Prospective and adoptive parents by the case committee of a duly registered adoption society under the Department of Children’s Services.
3) The applicants made an application to the Kenya Children’s home adoption society to adopt a boy child from their organization as evidenced by the application letter and all the necessary documents that they were requested to provide
4) That they are married to each other as evidenced by the marriage certificate attached.
5) The child was born on April 15th. 2015 to a minor through an incestuous relationship. the minor refused to raise the child, and abandoned the child on the 5th of May. The child was committed to Limuru Children’s center. 21st June 2023 the child was declared free for adoption. And the certificate declaring the child free for adoption was issued in occurrence with section 156 one of the children act.
6) The child has been in the custody of the applicants and has been enrolled to Kyang’a Primary School. By the applicants.
7) They have two daughters aged 21 and 13 years respectively and wish to adopt a boy. Both have consented to this application.
8) .
1. In support of the application the attached the following all the requisite documents including Copy of certificate of marriage, consent by their children, Copy of Court order. Medical Certificates, Copies of Applicant’s National Identification cards., Certificate of freeing a child, report to declare a child free for adoption and the care and placement agreement, Police clearance certificates, evidence of financial ability and health fitness, recommendations from family and church, pre placement reports, report by DCS finding them suitable adoptive parents.
2.
3. “.
2. I heard viva voce evidence from the applicants and the proposed legal guardians.
3. I have perused all the social inquiry report in the file – and the applicants came with high recommendations from the Directorate of Children Services and the guardian ad litem, the Adoption Agency, the family and community.
4. They have complied with all the legal requirements – and the brief encounter we had in court with them and the child, and their eldest daughter it was evident that they have bonded over the time they have spent together.
5. They are ready, able and willing to provide the child herein with the opportunity to enjoy the right to a family, to love, care and attention , to siblings, and they too, the duty to exercise parental responsibility, and their children to have a brother.
6. These rights of the child that are enshrined in the Constitution Article 53
(1) Every child has the right—
(a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and
(f)…
(2) A child’s best interests are of paramount importance in every matter concerning the child
7. I remind the parents what parental responsibility entails as per s. 31. of the Children Act which states:
Equal parental responsibility
(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child.
(2) The duties referred to in subsection (1) include, but are not limited to—
(a) the duty to maintain the child and, in particular, to provide the child with—basic nutrition; shelter; water and sanitation facilities; clothing; medical care, including immunization; basic education; and general guidance, social conduct and moral values;
(b) the duty to protect the child from neglect, abuse, discrimination or other differential treatment;
(c) the duty to-- provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child; determine the name of the child; procure registration of the birth of his or her child; appoint a legal guardian in respect of the child; receive, recover and otherwise deal with the property of the child for the benefit, and in the best interests, of the child; facilitate or restrict the migration of the child from or within Kenya; upon the death of the child, to arrange for the burial, cremation of the child or any other acceptable method of interment; and
(d) the duty to ensure that, during the temporary absence of the parent or guardian, the child shall be committed to the care of a fit person.
8. The legal guardians understand their role would entail the above and even more on top of taking care of their own children . The court appreciates the applicants for their sacrifice to secure the welfare and rights of this child by seeking to exercise full parental rights.
9. When hearing adoption matters and listening to adoptive parents, I have noted a gap, in that neither the Secretary children Services nor the Adoption Agency gives any psycho social support to the family once the adoptive order is made. In my considered view this gap was addressed by Section 194.of the Children Act which provides for the Powers of the Court in adoption proceedings. Under section 194(2) it states
The Court may make an adoption order under this Part on such terms and conditions as the Court may think fit, including orders—
(c) requiring the adopter to accept supervision by, and advice from, an adoption society specified by the Court for such period as the Court may direct.
10. Adoption of a child is not an event. It is a process that involves the child, the immediate family and the community at large. It can come with its own challenges , and the new family requires help to navigate those challenges in the best interests of the child. It is for this reason that I find it necessary to add a supervisory order to the adoption order to be effected by both the Secretary and the Adoption agency to assist the family navigate this new phase.
11. Ultimately, I find nothing to stand against this noble gesture of the applicants herein and allow the application in the following terms:
1. That Julius Kiilu Kioko and Elizabeth Mwende Mutune be and are hereby allowed to adopt EZRA BARAKA to be known as TREVOR KIOKO KIILU
2. That VALENTINE MUENI MUKEKU and SAMUEL KIOKO MUSYIMI be and are hereby appointed the legal guardians of the child.
3. That the REGISTRAR GENERAL be and is hereby directed to make in the Adopted Children’s register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto.
4. The guardian ad litem be and is hereby discharged.
5. The Secretary, Children Services and the Adoption Agency, Kenya Children Homes Adoption Society be and are hereby directed to provide the appropriate supervision and psychosocial support to the adopters and the child for the next 18 months.
6. The Deputy Registrar Makueni High Court to ensure the order of supervision and psycho-social support is extracted and served upon the Adoption Agency and the Secretary for compliance. This order be entered in the appropriate Register for follow up.
7. Orders Accordingly.
Dated signed and delivered virtually this 15th August 2025
MUMBUA T. MATHEKA
JUDGE
CA Chrispol
Mr. Kioko for the applicants