In the Matter of Adoption of J.I.M
And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Kevin Ochieng & Clarah Munane.
Introduction:
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. Section 157(1) sets out the criteria of the children eligible to be adopted. Under Section 158(1) of the Act provides the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty one years old than the child but has not attained the age of sixty five years or is a relative of the child or is the mother of the child. In the same section an adoption order shall not be made if the applicants fall within any of the exclusion clauses in subsection (2a – e and 3 –a-f)
10. In the Originating Summons dated 16 th March, 2026, the applicant seeks an Adoption Order under section 183, 184, 186, 188, 194, 195 and 200 of the Children Act and section 1A, 1B & 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya, seek that;
a. That the Applicants Kevin Ochieng & Clarah Munane of Kenyan National ID cards numbers 24156109 and 27451527, respectively, be authorized to adopt Baby J.I.M. who a Kenyan Citizen is born on 1 st October, 2023.
b. That upon adoption, the child shall be known as J.I.M.O.
c. That Elizabeth Kanyiva Mutua of National Identity Card Number 32371204 be appointed Legal Guardians of the child J.I.M.
d. That the Registrar General is directed to enter this adoption into the register of Adoptions and subsequent Birth Certificate be issued by the Registrar of births and Deaths.
e. That the Director of Migration be authorized to issue the child J.I.M.O. with a Kenyan Passport.
11. The applicants, Kevin Ochieng Owino and Clarah Munane told the court that they are desirous to adopt Baby J.I.M. a child of the female sex born on 1 st October, 2013 as evidenced by a birth certificate marked as KC 1.
12. The applicants are of Kenyan citizen and are older than the child by more than 21 years pursuant to section 186(2) of the Children Act 2022 as evidenced by the national ID cards of the applicants marked as KC 2.
13. The applicants are married as evidenced by marriage certificate marked as KC 3 and are blessed with one child J.N.S. born on 16 th December, 2021 as evidenced by KC 4.
14. That Kevin Ochieng Owino is a security Manager at Amazon Web Services and Clarah Munane is a supervisor at Novotel Hotel as a consequence, they are emotionally and financially capable to take care of the child. The applicants have annexed copies of the bank statements and other documents marked KC 5 confirming their financial capacity.
15. The applicants are of good character and in good health as demonstrated by the Medical Reports as well as the Police Clearance Certificate marked as KC 7. All consents have been obtained from the maternal mother. Besides, the child has been declared free for adoption by Kenya Children’s Home as evidenced by a certificate marked KC 10.
16. In the event an eventuality befalls the applicants, Elizabeth Kavinya Mutua has been appointed a legal guardian.
17. It is proposed that the child’s new shall be J.K.M.
18. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
19. What more, shall the court expect.
20. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centerpiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 16 th March, 2026, and order as follows:
a. The Applicants Kevin Ochieng & Clarah Munane of Kenyan National ID cards numbers 24156109 and 27451527, respectively, are authorized to adopt Baby J.I.M. who is a Kenyan Citizen is born on 1 st October, 2023.
b. The child’s new name shall be J.I.M.O.
c. That Elizabeth Kanyiva Mutua of National Identity Card Number 32371204 is hereby appointed Legal Guardians of the child J.I.M.
d. The Registrar General is hereby directed to enter this adoption into the Register of Adoptions and subsequent Birth Certificate be issued by the Registrar of births and Deaths.
e. The Director of Migration is herby authorized to issue the child J.I.M.O. with a Kenyan Passport.
Delivered on the 24 th June, 2026 in the absence of the parties.
Hon. R.K. Ondieki,
Judge.
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And
In the Matter of Article 53(2) of the Constitution of Kenya, 2010.
And
In the Matter of Children Act, 2022
And
In the matter of Kevin Ochieng & Clarah Munane.
Introduction:
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. Section 157(1) sets out the criteria of the children eligible to be adopted. Under Section 158(1) of the Act provides the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty one years old than the child but has not attained the age of sixty five years or is a relative of the child or is the mother of the child. In the same section an adoption order shall not be made if the applicants fall within any of the exclusion clauses in subsection (2a – e and 3 –a-f)
10. In the Originating Summons dated 16 th March, 2026, the applicant seeks an Adoption Order under section 183, 184, 186, 188, 194, 195 and 200 of the Children Act and section 1A, 1B & 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya, seek that;
a. That the Applicants Kevin Ochieng & Clarah Munane of Kenyan National ID cards numbers 24156109 and 27451527, respectively, be authorized to adopt Baby J.I.M. who a Kenyan Citizen is born on 1 st October, 2023.
b. That upon adoption, the child shall be known as J.I.M.O.
c. That Elizabeth Kanyiva Mutua of National Identity Card Number 32371204 be appointed Legal Guardians of the child J.I.M.
d. That the Registrar General is directed to enter this adoption into the register of Adoptions and subsequent Birth Certificate be issued by the Registrar of births and Deaths.
e. That the Director of Migration be authorized to issue the child J.I.M.O. with a Kenyan Passport.
11. The applicants, Kevin Ochieng Owino and Clarah Munane told the court that they are desirous to adopt Baby J.I.M. a child of the female sex born on 1 st October, 2013 as evidenced by a birth certificate marked as KC 1.
12. The applicants are of Kenyan citizen and are older than the child by more than 21 years pursuant to section 186(2) of the Children Act 2022 as evidenced by the national ID cards of the applicants marked as KC 2.
13. The applicants are married as evidenced by marriage certificate marked as KC 3 and are blessed with one child J.N.S. born on 16 th December, 2021 as evidenced by KC 4.
14. That Kevin Ochieng Owino is a security Manager at Amazon Web Services and Clarah Munane is a supervisor at Novotel Hotel as a consequence, they are emotionally and financially capable to take care of the child. The applicants have annexed copies of the bank statements and other documents marked KC 5 confirming their financial capacity.
15. The applicants are of good character and in good health as demonstrated by the Medical Reports as well as the Police Clearance Certificate marked as KC 7. All consents have been obtained from the maternal mother. Besides, the child has been declared free for adoption by Kenya Children’s Home as evidenced by a certificate marked KC 10.
16. In the event an eventuality befalls the applicants, Elizabeth Kavinya Mutua has been appointed a legal guardian.
17. It is proposed that the child’s new shall be J.K.M.
18. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
19. What more, shall the court expect.
20. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centerpiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 16 th March, 2026, and order as follows:
a. The Applicants Kevin Ochieng & Clarah Munane of Kenyan National ID cards numbers 24156109 and 27451527, respectively, are authorized to adopt Baby J.I.M. who is a Kenyan Citizen is born on 1 st October, 2023.
b. The child’s new name shall be J.I.M.O.
c. That Elizabeth Kanyiva Mutua of National Identity Card Number 32371204 is hereby appointed Legal Guardians of the child J.I.M.
d. The Registrar General is hereby directed to enter this adoption into the Register of Adoptions and subsequent Birth Certificate be issued by the Registrar of births and Deaths.
e. The Director of Migration is herby authorized to issue the child J.I.M.O. with a Kenyan Passport.
Delivered on the 24 th June, 2026 in the absence of the parties.
Hon. R.K. Ondieki,
Judge.
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