1. Before this Court is the Originating Summons dated 28th January, 2025, Statement in Support of the Application for an Adoption Order and Affidavit in Support of the Application, seeking:
(i) That the Applicant M.D.A. be authorized to adopt the child/minor M.B.
(ii) That if the adoption order is granted, the child/minor be called S.Z.O. and the Registrar General to make an entry into the Adopted Children’s Register recording the adoption in accordance with the particulars as shall be set out in the adoption order.
(iii) That tcosts of the application be in the cause.
2. The matter was canvassed by way of viva voce evidence on 30th April, 2025.
The Child.
3. The child’s approximate date of birth was given as 1st January, 2022.She was abandoned after birth and placed into the care of Springs of Life Children’s Home. Her biological parents are not known. The child was placed under the care of the Applicant upon being declared free for adoption and has remained in the Applicant’s care and custody for two years.
The Applicant.
4. The Applicant was born on 11th September, 1984. She is a Kenyan citizen, residing in Kisumu County. She is not married and has no children. The Applicant holds a bachelor’s degree in environmental studies and a diploma in community development. She works as a community health assistant.
5. The Applicant’s motivation for the adoption is that she would like to give the child a home, legally. In her Statement in support of the Application, she states that she has been the primary caregiver for the child for two years and that she is financially capable of fending for the child.
6. The Applicant presented copies documents, recommendations and referee information, all pursuant to the provisions of the Children (Adoption) Regulations, 2020. Among the documents provided was a certificate of police clearance that demonstrates that she has no criminal history.
7. The documents disclose that the Applicant is financially, socially, physically and mentally fit to adopt the child. The Applicant confirmed that she fully understands the implications of an adoption order and that the same is irreversible.
The Adoption Approval Process
8. Little Angels Network, an Adoption Agency conducted an assessment of the Applicant. The Agency filed its report recommending the adoption of the child by the Applicant. The child was declared free for adoption by the Agency vide a Certificate of Declaring a Child Free for Adoption serial number 002303 dated 18th November, 2022.
9. On 26th February, 2025, this court issued an directing the Director of Children’s Services to investigate the suitability and fitness of the Applicant to adopt the child. The report was filed and the same is to the effect that the Applicant is fit to adopt the child.
Analysis and Determination
10. The child herein was born in Kenya and is therefore a citizen of Kenya by birth. The biological parents of the child are unknown as the child was found abandoned. This adoption, therefore, allows the child the opportunity to be raised in a stable and loving home environment.
11. 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.
12. I have considered the reports filed by the Adoption Agency and the Director of Children Services, both of which are positive and recommend the adoption. I was able to see the child, who was present before me and who looked healthy and happy in the custody of the Applicant.
13. It is therefore my view that the adoption serves the best interests of the child as the Applicant has been approved as a prospective adoptive parent by competent social workers through a duly registered Adoption Agency under the Department of Children Services, thus she is able to effectively handle her parental responsibilities.
14. Accordingly, I allow the Summons and make the following orders:
(i) That the Applicant, Meave Doryl Agoro, is allowed to adopt the child currently identified as Maryanne Buyanzi.
(ii) Upon adoption, the child shall be renamed Sarah Zuri Odero.
(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) 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