1. The Applicant herein filed an Originating Summons dated 22nd October, 2024, a Statement in Support of the Application for an Adoption Order and Affidavit in Support of the Application, all of even date.
2. The orders sought in the Originating Summons are as follows:
(i) That the Applicant be authorised to adopt the minor Talia Talia Achieng.
(ii) That if the adoption order is granted, the minor be called Talia Talia Achieng and that 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) Costs of the application be in the cause.
3. The matter was canvassed by way of viva voce evidence on 13th February, 2025 and the court interviewed the Applicant to that end. The court also considered the documents filed by the Applicant and the relevant agencies.
The Child
4. The child (female) was born on 18th June, 2016 at Katolo Sublocation, in Nyando District within Kisumu County. The child’s biological mother M.A.O. filed an affidavit that she swore on 16th March, 2024 in which she stated on oath that she was due to financial constraints unable to provide for the minor. M.A.O. is a biological sister to the Applicant.
5. The minor’s biological father’s whereabouts is not known to the Applicant and to M.A.O., having parted with M.A.O. when the minor was an infant following an attack by the minor’s biological father upon M.A.O. with a machete, whereby the latter sustained deep cuts on the head, face, hands, legs and jaw. She also lost some teeth.
6. The minor, who is currently 8 years old, has remained in the continuous custody, care and protection of the Applicant since she was 6 months old. The biological mother offered up the minor for kinship adoption due to her limited financial resources. She gave her initial written consent on 8th March, 2024 which was reiterated in the affidavit that she swore on 16th March, 2024. She gave her final written consent on 3rd June 2024.
7. The minor was declared free for adoption by the Little Angels Network, a registered Adoption Agency, vide the Certificate serial number 002474. I am, therefore, satisfied that this legal prerequisite for an adoption has been met.
The Applicant
8. The Applicant is a Kenyan citizen, working as an electrician. She is not/has never married and has no other children.
9. The Applicant was born on 5th May, 1994 (aged 30 years) and stated that she is financially capable of providing for the child. She confirmed that she fully understands the implications of an adoption order.
10. It is easily noticeable from the Placement report filed by Little Angels Network dated 3rd July, 2024 and the Children Officer’s report filed herein dated 8th February, 2025 that the child is comfortable with Applicant, who is the only person she knows as her mother, the former having tended and provided for the minor since she was an infant. The Applicant is described in the reports as a loving and responsible parent.
The Adoption Application
11. I have considered the Summons, the evidence on record as well as the various reports filed.
12. The duty of this Court is to analyse the material before it to determine whether the Applicant is a suitable adoptive parent. The Applicant states that she is a committed Christian and intends to raise the child in the Christian faith. The Applicant has made reference to her financial capability. She is trained and works as an electrician, an occupation from which she says she earns about Ksh.250,000/- monthly.
13. The Applicant has annexed a clearance certificate from the National Police Service as proof that she has no criminal record. The reports filed by the Adoption Agency as well as the Directorate of Children Services on the character of the Applicant speak very well of her.
14. From the material availed, I am satisfied that the Applicant is a suitable adoptive parent.
Analysis and Determination
15. As per the copy of the certificate of birth that was filed herein, the minor herein was born in Katolo, Nyando District, Kisumu County. She is therefore a citizen of Kenya by birth.
16. It is instructive from the information presented by the Applicant and the minor’s biological mother that he whereabouts of the minor’s biological father is unknown and that the biological father has not interacted with the minor since she was 6 months old, i.e. from the time the minor was placed in the Appellant’s care.
17. The minor’s biological mother has willingly offered her for adoption and signed consents to that effect. This adoption, therefore, allows the child the opportunity to be raised in a loving and caring home environment.
18. 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.
19. I have considered the reports filed by the Adoption Agency, the Director of Children Services and note that all are positive and recommend the adoption.
20. It is, therefore, my view that the adoption does serve the best interests of the minor.
21. Accordingly, I allow the Summons and make the following orders:
(i) That the Applicant, P.L.A. is hereby allowed to adopt the child currently identified as Talia Talia Achieng’.
(ii) Upon adoption, the child shall retain the name Talia Talia Achieng’.
(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.
(v) Orders accordingly.
Delivered, Dated & Signed this 28th day of February, 2025.
JOE M. OMIDO
JUDGE
APPLICANT: Present.
FOR THE APPLICANT: Mr. Oguso.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.