'
Through Originating Summons dated 19 th June, 2025, SBS the Applicant herein seeks to adopt JSR a minor to be known as JSR. She seeks further orders that the Registrar General be directed to enter the adoption into the Register of Adoptions, STS be appointed as the legal guardian of the minor and the child to be presumed to have been born in Kenya.
The Applicant, is a Senior Medical Officer by profession and in a stable financial position with adequate resources to take care of the child. She has her biological son, FJB aged 10 years. The Applicant has had the custody of the minor for twelve (12) years and she is related to the child by being his paternal aunt. The Subject child is the biological son of BKS and BMO. BKS is the Applicant’s biological brother.
The Subject child was born on 6 th February, 2012 hence 13 years old. Both parents have consented to the child being adopted so that they can be relieved of financial burden. The child attends Queen of Angles School and is in Grade 8.
The Applicant applied to the KKPI adoption society seeking to adopt the child. She had favourable recommendation from her family and church. The adoption society acknowledged having received an explanatory memorandum of biological parents. The biological mother and father of the child appended their signatures in acceptance of the process, and a certificate declaring the child free for adoption was issued, serial No. (withheld).
Per the requirements of the court, the County Coordinator for Children Services, Laikipia, Mr. Thomas Thiga on behalf of the Director Children Services carried out an inquiry as to the fitness of the Applicant to adopt the child. It is his recommendation that this is a straight forward case of kinship adoption where the Applicant meets the legal requirements for adoption for under the Children Act. And, the Applicant has proved capable of taking on parental responsibility over the child since he was placed with her since 2014. That the child’s parents have moved on with their lives and forgotten him hence legalizing the adoption would be in the best interest of the child.
The guardian Ad-litem JAA through a report dated 19 th October, 2025, states that the child is very happy and well cared for having settled on with the adoptive family. That the minor is receiving holistic care which meets physical, emotional, cognitive and spiritual needs. This being in the best interest of the child, the Guardian Ad-litem recommends, strongly recommends adoption of the child by the prospective adoptive parent. So that he can continue to be raised in an environment filled with love, care and stability.
STS the proposed legal guardian expressed her willingness to the role of legal guardian of the child. She relied on affidavit evidence as well as oral evidence in court. She vowed that in event the adoptive parent is unable to take care of the child who is also her nephew, she would take up the full responsibility as a parent.
Also interrogated was the Subject who is fully aware of the fact of the intended adoption. He expressed his wish to live with the Applicant who has all along given him better life.
I have duly considered the application, affidavits in support and averments by parties concerned in respect of the Applicant and the child to be adopted. I do note that the child was sired out of wedlock when his father had a family. Subsequently the step-mother passed and his father re-married another woman who has her own children. His mother moved on leaving him in custody of the Applicant hence all along the Applicant has been the parent that he knows.
Section 186(1) (2) of the Children Act provides thus;
(1) The Court may make an adoption order on application by—
(a)a sole applicant; or
(b)two spouses jointly.
(2)The Court shall not make an adoption order in any case unless—
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years;
The Applicant herein is a sole Applicant aged 37 years hence falling in the age bracket provided as being fit to adopt. She is more than 21 years older than the child and a relative of the Subject child as required by Section 194 of the Children Act. The prospective adoption will be in the best interest of the child. In the premises, I make orders thus;
The Applicant SBS be and is hereby allowed to adopt JSR who will henceforth be known as JSR.
STS is hereby appointed as the legal guardian of the child.
The child shall be presumed to have been born in Kenya.
The Registrar General shall enter the order in the Adopted Children Register.
The Guardian Ad-litem is discharged.
It is so ordered.
'
Through Originating Summons dated 19 th June, 2025, SBS the Applicant herein seeks to adopt JSR a minor to be known as JSR. She seeks further orders that the Registrar General be directed to enter the adoption into the Register of Adoptions, STS be appointed as the legal guardian of the minor and the child to be presumed to have been born in Kenya.
The Applicant, is a Senior Medical Officer by profession and in a stable financial position with adequate resources to take care of the child. She has her biological son, FJB aged 10 years. The Applicant has had the custody of the minor for twelve (12) years and she is related to the child by being his paternal aunt. The Subject child is the biological son of BKS and BMO. BKS is the Applicant’s biological brother.
The Subject child was born on 6 th February, 2012 hence 13 years old. Both parents have consented to the child being adopted so that they can be relieved of financial burden. The child attends Queen of Angles School and is in Grade 8.
The Applicant applied to the KKPI adoption society seeking to adopt the child. She had favourable recommendation from her family and church. The adoption society acknowledged having received an explanatory memorandum of biological parents. The biological mother and father of the child appended their signatures in acceptance of the process, and a certificate declaring the child free for adoption was issued, serial No. (withheld).
Per the requirements of the court, the County Coordinator for Children Services, Laikipia, Mr. Thomas Thiga on behalf of the Director Children Services carried out an inquiry as to the fitness of the Applicant to adopt the child. It is his recommendation that this is a straight forward case of kinship adoption where the Applicant meets the legal requirements for adoption for under the Children Act. And, the Applicant has proved capable of taking on parental responsibility over the child since he was placed with her since 2014. That the child’s parents have moved on with their lives and forgotten him hence legalizing the adoption would be in the best interest of the child.
The guardian Ad-litem JAA through a report dated 19 th October, 2025, states that the child is very happy and well cared for having settled on with the adoptive family. That the minor is receiving holistic care which meets physical, emotional, cognitive and spiritual needs. This being in the best interest of the child, the Guardian Ad-litem recommends, strongly recommends adoption of the child by the prospective adoptive parent. So that he can continue to be raised in an environment filled with love, care and stability.
STS the proposed legal guardian expressed her willingness to the role of legal guardian of the child. She relied on affidavit evidence as well as oral evidence in court. She vowed that in event the adoptive parent is unable to take care of the child who is also her nephew, she would take up the full responsibility as a parent.
Also interrogated was the Subject who is fully aware of the fact of the intended adoption. He expressed his wish to live with the Applicant who has all along given him better life.
I have duly considered the application, affidavits in support and averments by parties concerned in respect of the Applicant and the child to be adopted. I do note that the child was sired out of wedlock when his father had a family. Subsequently the step-mother passed and his father re-married another woman who has her own children. His mother moved on leaving him in custody of the Applicant hence all along the Applicant has been the parent that he knows.
Section 186(1) (2) of the Children Act provides thus;
(1) The Court may make an adoption order on application by—
(a)a sole applicant; or
(b)two spouses jointly.
(2)The Court shall not make an adoption order in any case unless—
the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years;
The Applicant herein is a sole Applicant aged 37 years hence falling in the age bracket provided as being fit to adopt. She is more than 21 years older than the child and a relative of the Subject child as required by Section 194 of the Children Act. The prospective adoption will be in the best interest of the child. In the premises, I make orders thus;
The Applicant SBS be and is hereby allowed to adopt JSR who will henceforth be known as JSR.
STS is hereby appointed as the legal guardian of the child.
The child shall be presumed to have been born in Kenya.
The Registrar General shall enter the order in the Adopted Children Register.
The Guardian Ad-litem is discharged.
It is so ordered.
'