1. By an originating summons dated 13th October 2025, the applicant, R. W. W sought to be allowed to adopt her younger biological sister V. N. W. and that the Registrar General be directed to make
appropriate entries in the Adopted Children Register.
2. The application is anchored on the grounds stated on its face and the depositions made in the affidavits sworn by the applicant and her biological mother F. W. N . From the evidence on record, the child subject of this application is 13 years old as she was born on 11th March 2013. She is currently living with her biological mother together with the applicant’s two other children in an apartment at Milimani location, Muranga County which is rented for their use by the applicant.
3. The record further shows that the applicant is a Kenyan citizen currently working and residing in the United Kingdom. In her affidavit, the applicant deposed that she works for gain in the National Health Service (NHS) UK and though living in the UK, she has been responsible for the child’s welfare and all her basic and financial needs since she was two years old.
4. In support of her application, the applicant availed evidence to prove that she has been paying for the child’s school fees and related expenses at Lizar School and her current school known as the Technology School. She expressed her desire to legally adopt the child so that the child could eventually enjoy full benefits as a UK citizen when the applicant obtained UK citizenship. She annexed to her supporting affidavit pay slips marked as RWW 7 as evidence to prove that she had sufficient and sustainable income to continue taking care of the child and meeting all her financial needs.
5. The application was prosecuted by way of viva voce evidence. During the hearing on 3rd March 2026, the applicant, her mother F. W. N. the child’s Guardian ad Litem R. K. G as well as the child herself testified. In her evidence, the applicant explained that she decided to take charge of the child’s custody, care and wellbeing to remove her from the toxic environment she was then living in caused by her parent’s abusive marriage which exposed the child to suffering due to lack of basic necessities; that their parents were now separated and their mother was ailing, advanced in age and with no source of income. She urged the court to note that adopting the child would be in her best interest.
6. In her testimony, F.W. N supported the application and confirmed that she had voluntarily consented to the proposed adoption and that she understood the legal consequences of an adoption order; that if the application was allowed, the minor would legally become the applicant’s child and the adoption order was irreversible. She testified that it was only the applicant who could provide for and secure a good future for the child given that she was ailing and did not have a source of income. She agreed with the applicant and the Guardian ad Litem that allowing the application would be in the best interest of the child.
7. Lastly, the child also testified. In her evidence, she confirmed that she was willing to be adopted by the applicant who was her elder sister explaining that she had lived with her since her early childhood and she wanted to continue living with her permanently.
8. I have considered all the material placed before me including the report from Mr. Peter Nzeva, the County Co-ordinator, Children Services dated 4th December 2025. The report is favourable and recommends the proposed adoption.
9. I note that the application relates to a kingship adoption considering that the applicant is a biological sister of the child. The evidence shows that the applicant is 37 years old and is financially, mentally and socially sound. She has lived with the child since she was two years old and was ready to integrate the child into her family of two other children who are like siblings to the child.
10. From the evidence on record, I am satisfied that the applicant has met all legal requirements for adoption set out in Section 18 6 and Section 193 of the Children Act of 2022. The guiding principle remains consideration of the best interest of the child as decreed by Article 53 of the Constitution which finds expression in Section 8 and Section 194 (1) (C ) of the Children’s Act . The best interest of the child principle is also augmented in the UN Convention on the Rights of the Child and the African Charter on the rights and welfare of the child.
11. Considering that the applicant is the child’s elder sister who had lived with the child since she was two years old and considering also that their biological mother has consented to the adoption as she was ailing and financially unstable, I have no doubt in my mind that allowing the application would be in the best interest of the child.
12. In view of the foregoing, I allow the originating summons dated 13th October 2025 and hereby authorize R W W to adopt
V N W. The Registrar General is hereby directed to enter this order in the Adopted Children Register and to issue the appropriate certificate. The Guardian Ad Litem is hereby discharged.
It is so ordered.
DATED, SIGNED and DELIVERED VIRTUALLY this 23rd day of April 2026.
appropriate entries in the Adopted Children Register.
2. The application is anchored on the grounds stated on its face and the depositions made in the affidavits sworn by the applicant and her biological mother F. W. N . From the evidence on record, the child subject of this application is 13 years old as she was born on 11th March 2013. She is currently living with her biological mother together with the applicant’s two other children in an apartment at Milimani location, Muranga County which is rented for their use by the applicant.
3. The record further shows that the applicant is a Kenyan citizen currently working and residing in the United Kingdom. In her affidavit, the applicant deposed that she works for gain in the National Health Service (NHS) UK and though living in the UK, she has been responsible for the child’s welfare and all her basic and financial needs since she was two years old.
4. In support of her application, the applicant availed evidence to prove that she has been paying for the child’s school fees and related expenses at Lizar School and her current school known as the Technology School. She expressed her desire to legally adopt the child so that the child could eventually enjoy full benefits as a UK citizen when the applicant obtained UK citizenship. She annexed to her supporting affidavit pay slips marked as RWW 7 as evidence to prove that she had sufficient and sustainable income to continue taking care of the child and meeting all her financial needs.
5. The application was prosecuted by way of viva voce evidence. During the hearing on 3rd March 2026, the applicant, her mother F. W. N. the child’s Guardian ad Litem R. K. G as well as the child herself testified. In her evidence, the applicant explained that she decided to take charge of the child’s custody, care and wellbeing to remove her from the toxic environment she was then living in caused by her parent’s abusive marriage which exposed the child to suffering due to lack of basic necessities; that their parents were now separated and their mother was ailing, advanced in age and with no source of income. She urged the court to note that adopting the child would be in her best interest.
6. In her testimony, F.W. N supported the application and confirmed that she had voluntarily consented to the proposed adoption and that she understood the legal consequences of an adoption order; that if the application was allowed, the minor would legally become the applicant’s child and the adoption order was irreversible. She testified that it was only the applicant who could provide for and secure a good future for the child given that she was ailing and did not have a source of income. She agreed with the applicant and the Guardian ad Litem that allowing the application would be in the best interest of the child.
7. Lastly, the child also testified. In her evidence, she confirmed that she was willing to be adopted by the applicant who was her elder sister explaining that she had lived with her since her early childhood and she wanted to continue living with her permanently.
8. I have considered all the material placed before me including the report from Mr. Peter Nzeva, the County Co-ordinator, Children Services dated 4th December 2025. The report is favourable and recommends the proposed adoption.
9. I note that the application relates to a kingship adoption considering that the applicant is a biological sister of the child. The evidence shows that the applicant is 37 years old and is financially, mentally and socially sound. She has lived with the child since she was two years old and was ready to integrate the child into her family of two other children who are like siblings to the child.
10. From the evidence on record, I am satisfied that the applicant has met all legal requirements for adoption set out in Section 18 6 and Section 193 of the Children Act of 2022. The guiding principle remains consideration of the best interest of the child as decreed by Article 53 of the Constitution which finds expression in Section 8 and Section 194 (1) (C ) of the Children’s Act . The best interest of the child principle is also augmented in the UN Convention on the Rights of the Child and the African Charter on the rights and welfare of the child.
11. Considering that the applicant is the child’s elder sister who had lived with the child since she was two years old and considering also that their biological mother has consented to the adoption as she was ailing and financially unstable, I have no doubt in my mind that allowing the application would be in the best interest of the child.
12. In view of the foregoing, I allow the originating summons dated 13th October 2025 and hereby authorize R W W to adopt
V N W. The Registrar General is hereby directed to enter this order in the Adopted Children Register and to issue the appropriate certificate. The Guardian Ad Litem is hereby discharged.
It is so ordered.
DATED, SIGNED and DELIVERED VIRTUALLY this 23rd day of April 2026.