ADOPTION CAUSE NO. E001 OF 2026 1
REPUBLIC OF KENYA
IN THE HIGH COURT AT VIHIGA
ADOPTION CAUSE NO. E001 OF 2026
IN THE MATTER OF THE APPLICATION FOR ADOPTION ORDER
BETWEEN
IN THE MATTER OF AN APPLICATION FOR ADOPTING BY SKM AND HWW
AND
FOR ADOPTION AND CUSTODY OF BABY FM ALIAS FF
Coram: Before Justice R. Nyakundi
Otieno & Achieng Advocates
RULING
1. Before this Court is an originating summons on the application for an
adoption order expressed to be brought under Sections 183, 184(1), 185,
186(1) b, (2) a, b, 187(1) a, c, (7), (8), (9), 188(1)(2)(4), 194, 195 & 201 of the
Children’s Act No. 29 of 2022 and all the enabling provisions of the law dated
27th day of January 2026 seeking the following orders:
a. That ENW and BMW female and male adults of sound mind respectively,
both of C/O Post Office Box Number 934-40100 Kisumu be appointed as
Guardians ad litem in this matter in the event the Applicants are
incapacitated or in any way unable to discharge their parental obligations,
shall remain the child's legal guardians.
b. THAT the Children's Department Office in Vihiga investigates the Applicants'
fitness to adopt the Baby FM alias FF and file a report in Court.
c. THAT the Applicants SKM and HWW be authorized to adopt Baby FM alias
FF and that an adoption order be issued and be extracted in the prescribed
form under the Children's Act and Rules
d. THAT the Baby be henceforth formally known as FF and that the Registrar
ADOPTION CAUSE NO. E001 OF 2026 2
of Births and Deaths do issue the said Baby FM alias FF with a birth
certificate containing his full names as given by the adoptive parent.
e. THAT the Registrar General be directed to make the appropriate entries in
the adopted Children's Register to reflect the adoption of the child baby FM
alias FF by the adoptive parents herein SKM and HWW.
2. In support of the application is the annexed affidavit of SKM and HWW who
deponed as follows:
a. That we are adults of sound mind and disposition. Duly married to each
other.
b. THAT we wish to adopt FM alias FF a child of the male sex (hereafter
referred to as "the Child") born on 17th August 2024.
c. THAT I am informed by Little Angels Network, the adoption agency
investigating the history of the child as follows:
a) The Child was born on 17th August 2024 at St. Elizabeth Mission Hospital
to JMA and VM who are relatives.
b) That according to the parents' custom, a child born out of such a
relationship cannot be nursed or brought up within the community.
c) That on 20th August 2024, Juliet and Victor's family approached Mulinya
Sub-Location Assistant Chief seeking help to surrender the Child. The
Assistant Chief referred them to Kakamega Sub-County Children Office
where they were further referred to Little AngeIs Network Kisumu Office.
d) That the Child's biological mother and father willingly signed the
Certificate of Acknowledgement and Initial Consent dated 20th August
2024 surrendering the Child for adoption. The Child was placed at
Springs of Life Children's Home on 20th August 2024.
e) That on 4th September 2024, the Child was committed into the legal
custody of Springs of Life Children's Home vide protection and care case
No. E074/24 by trial Magistrate’s Court- Kakamega. The same was
facilitated by the Kakamega Sub-County Children's Office.
f) The child was declared free for adoption by the Case Committee of Little
Angels Network after inquiry and deliberation on the matter. Further, the
ADOPTION CAUSE NO. E001 OF 2026 3
committee was satisfied that adoption would be in the best interest of
the Child.
g) THAT we were born on 12th December 1982 and 14th October 1981
respectively.
h) THAT we are citizens of Kenya and currently reside in Gambogi, Vihiga
County.
i) THAT we are married to each other.
j) THAT we are a business man and business woman respectively.
k) THAT the Little Angels Network has consented to our request to adopt
having investigated our fitness to adopt a child.
l) THAT the Springs of Life Children's Home has no objection to our
application for adoption.
m) THAT we have appointed ENW and BMW, as Legal Guardians of the
Child in the event of our death
n) THAT we are physically and emotionally fit and healthy and therefore
fully competent in this regard to parent and take care of the child.
o) THAT we are capable of assuming financial responsibility for the Child's
medical care, education and general upkeep.
p) THAT we have a home with a comfortable environment, which is suitable
for nurturing children and ensuring their full development.
q) THAT we are practicing Christians and we intend to bring up the Child
in the said faith.
r) THAT we have never been convicted of a criminal offence or of any
offence referred to in the third schedule of the Children Act 2022.
s) THAT we have not received or agreed to receive and no person has made
or given or agreed to give us any payment or reward in consideration of
the adoption.
t) THAT we have no interest in the matter adverse to those of the Child.
u) That if an adoption order is made, it is proposed that the child be named
FF.
v) That we do not have any other children; biological or adopted
ADOPTION CAUSE NO. E001 OF 2026 4
w) That the child is currently under our care
3. As part of the inquiry on the suitability and eligibility test is mandatory that
the Director of Children services undertake a social investigation on the
various parameters to establish whether the applicants’ application meets the
threshold of being adoptive parents of the minor. In the instance case the
content and text of the inquiry report made the following key observations:
PARTICULARS OF APPLICANTS
Prospective Adoption Parents (Joint Applicants as per Sec 186 (1) b of the
Children Act CAP141)1)
Name of Adoption Father: SM (Husband)
Age: 44 Years
Date of Birth: 01/01/1982
Nationality: Kenyan
ID Number: 24526983
Marital Status: Married
Religion: Christian
Contact: 0745459866
Occupation: Businessman dealing in groceries and commodities.
County: Vihiga; Residence/Physical Address; Gambogi Trading Centre Simbi
Heights Apartments; along Gambogi-Serem Road.
Postal Address: Box 934-40100 Kisumu
Marital Status: Married (to the co-applicant; HWW)
Children:1 (PW-22Years)
Monthly Income: KES.150,000/=per Month.
Name of Adoption Mother: HWW (Wife)
Age: 45 Years
Date of Birth: 14th OCT 1981
Nationality: Kenyan ID Number: 23165913
Religion: Christian
Child in this Matter: Baby FM alias FF
ADOPTION CAUSE NO. E001 OF 2026 5
Date of Birth: 17th AUGUST 2024
Age: 1 year 9 Months
INITIAL CIRCUMSTANCES
Adoption Society: Little Angels Network Other Children in the Family: ONE
Background Information of the Prospective Father:
The 1st applicant SKM was born to the late W and the late PW of Nakuru County.
They are ten siblings; three sisters and seven brothers with the applicant being
the first born. S attended Mwareki Primary school in Nakuru City where he
dropped out in STD 4. He later started eking out a living by doing small
businesses. Currently he is a businessman at Kibuye Market in Kisumu City.
He owns several assets including three motor vehicles; two lorries and a saloon
car and a Piece of land within Nakuru Municipality. The 2nd applicant (HW) was
born in Limuru, Kiambu County to WW-a single mother. They were two siblings
but his brother passed on. She attended Ruaka Primary School before joining
Tigoni Secondary school where she dropped out in Form 4. Currently, she is a
businesswoman selling motor cycle spare parts at Gambogi Market.
Family Overview: The applicants married in 2012 but they have not been
blessed with a biological child due to health complications on the part of the
second applicant. However, they have a 22-year-olddaughter who was sired
out of wedlock by the first applicant before the two got married.
Motivation and Expectation: The minor has been and is still part of the
family for the last one year and six months, the reason why they would want
to continue supporting him his adopter parents as they also discharge and
enjoy the responsibilities of parenthood. They have shared this information
with their extended family members in order to bring them on board.
Evaluation of Capability to Adopt: Both applicants have a clean bill of
health having not experienced any serious heath challenge during the last two
years. Also, they have a stable income, having been in business throughout
their adult lives, with a monthly income of approximately 150,000/= while their
monthly expenditure is approximately 40,000/=.
ADOPTION CAUSE NO. E001 OF 2026 6
Opinion as to Whether the Children is Free for Adoption: The child was
declared free for adoption by Little Angels Network case committee sitting on
7th November 2024. The committee was satisfied that the child in this matter is
available for adoption and that such would be in the best interest of the child.
applicant meets the legal and social requirements for Kinship adoption as
provided for in the Children's Act No. 29 of 2022.
Recommendations: Your Lordship the applicants possess social ability
considered important to their taking on parental responsibility and custody of
the child permanently as would be conferred by an adoption order. The minor
has completely bonded with both of them and calls them “MUM” and “DAD”
respectively as in other ordinary family settings.
Decision
4. The originating summons is provided for under the Children’s Act and other
enabling Statutes for grant of orders of adoption is also guided by the
constitutional imperatives on the welfare and best interests of the child.
5. Section 191 of the Children Act provides as follows: 191 Inter-country
adoptions. The Court may make an adoption order in respect of a child on the
joint application of two spouses who are not citizens or residents of Kenya, in
this Act referred to as an "inter-country adoption", if the applicants –
a. have satisfied the Court that –
i. all efforts to trace the child’s parents and relatives, and reunify with them
have, despite State support, failed; and
ii. all local arrangements for the placement of the child in family-based
alternative care have been exhausted and failed;
b. have obtained the consents specified in Section 186(8);
c. have satisfied the Court that the country where they ordinarily reside and
where they intend to reside with the child immediately after the making of
the adoption order will respect and recognize the adoption order and grant
resident status to the child; and
ADOPTION CAUSE NO. E001 OF 2026 7
d. have been authorized and recommended as persons who are fit, including
being morally fit and financially capable, to adopt a foreign child by a
competent government authority or Court of competent jurisdiction in the
country where they intend to reside with the child immediately after the
making of the adoption order.
6. The applicants who are spouses have satisfied the Court that: -
i. All efforts to trace the child’s parents and relatives, and reunify with them
have, despite State support, failed;
ii. All local arrangements for the placement of the child in family based
alternative care have been exhausted and failed;
iii. The adoption is sought in good faith, honesty, lawful purposes and in the
best interest of the child;
iv. The applicants will not do anything prejudicial to the child, his life, limb,
wellbeing, and person;
v. In the circumstances of this case, the applicants will always act in the best
interest of the child including, taking of all necessary legal steps permitted
under the law of the USA where they are citizens, to have the adoption
order respected and recognized and the child to be granted resident
status;
vi. They have been recommended by the Children Officer Narok, as being fit,
including being morally fit and financially capable, to adopt the child; and
vii. They will always report to the Court as may be ordered or as is necessary
on any matter of which they are required to act or take steps.
7. The right to adopt a child is a fundamental right under the Constitution to
give effect to Article 53 of the Constitution. Therefore, any persons irrespective
of their religion can adopt a child under the secular guidelines in the
Children’s Act. This is to ensure that the children particulars of destitute and
abandoned minors are not exploited and their welfare remains paramount. I
have once again reviewed the application by the Applicant. In addition, the
Director of Children's Report filed on Court on 13th May 2026, the adoption
agency report, Little Angels Network report dated 10th February 2026 and
ADOPTION CAUSE NO. E001 OF 2026 8
other instruments in support of the application are all responsive that the
Applicants SKM and HWW are legally eligible, suitable, competent, to adopt
the minor FM alias FF.
8. For those reasons the following orders shall abide:
a. That ENW and BMW female and male adults of sound mind respectively,
both of C/O Post Office Box Number 934-40100 Kisumu be appointed as
Guardians ad litem in this matter in the event the Applicants are
incapacitated or in any way unable to discharge their parental obligations,
shall remain the child's legal guardians.
b. That the Applicants SKM and HWW be authorized to adopt Baby FM alias
FF and that an adoption order be issued and be extracted in the prescribed
form under the Children's Act and Rules.
c. That the baby be henceforth formally known as FF and that the Registrar of
Births and Deaths do issue the said Baby FM alias FF with a birth certificate
containing his full names as given by the adoptive parent.
d. That the Registrar General be directed to make the appropriate entries in
the adopted Children's Register to reflect the adoption of the child baby FM
alias FF by the adoptive parents herein SKM and HWW.
9. It is so ordered.
DATED & DELIVERED AT VIHIGA THIS 2ND DAY OF JUNE 2026.
REPUBLIC OF KENYA
IN THE HIGH COURT AT VIHIGA
ADOPTION CAUSE NO. E001 OF 2026
IN THE MATTER OF THE APPLICATION FOR ADOPTION ORDER
BETWEEN
IN THE MATTER OF AN APPLICATION FOR ADOPTING BY SKM AND HWW
AND
FOR ADOPTION AND CUSTODY OF BABY FM ALIAS FF
Coram: Before Justice R. Nyakundi
Otieno & Achieng Advocates
RULING
1. Before this Court is an originating summons on the application for an
adoption order expressed to be brought under Sections 183, 184(1), 185,
186(1) b, (2) a, b, 187(1) a, c, (7), (8), (9), 188(1)(2)(4), 194, 195 & 201 of the
Children’s Act No. 29 of 2022 and all the enabling provisions of the law dated
27th day of January 2026 seeking the following orders:
a. That ENW and BMW female and male adults of sound mind respectively,
both of C/O Post Office Box Number 934-40100 Kisumu be appointed as
Guardians ad litem in this matter in the event the Applicants are
incapacitated or in any way unable to discharge their parental obligations,
shall remain the child's legal guardians.
b. THAT the Children's Department Office in Vihiga investigates the Applicants'
fitness to adopt the Baby FM alias FF and file a report in Court.
c. THAT the Applicants SKM and HWW be authorized to adopt Baby FM alias
FF and that an adoption order be issued and be extracted in the prescribed
form under the Children's Act and Rules
d. THAT the Baby be henceforth formally known as FF and that the Registrar
ADOPTION CAUSE NO. E001 OF 2026 2
of Births and Deaths do issue the said Baby FM alias FF with a birth
certificate containing his full names as given by the adoptive parent.
e. THAT the Registrar General be directed to make the appropriate entries in
the adopted Children's Register to reflect the adoption of the child baby FM
alias FF by the adoptive parents herein SKM and HWW.
2. In support of the application is the annexed affidavit of SKM and HWW who
deponed as follows:
a. That we are adults of sound mind and disposition. Duly married to each
other.
b. THAT we wish to adopt FM alias FF a child of the male sex (hereafter
referred to as "the Child") born on 17th August 2024.
c. THAT I am informed by Little Angels Network, the adoption agency
investigating the history of the child as follows:
a) The Child was born on 17th August 2024 at St. Elizabeth Mission Hospital
to JMA and VM who are relatives.
b) That according to the parents' custom, a child born out of such a
relationship cannot be nursed or brought up within the community.
c) That on 20th August 2024, Juliet and Victor's family approached Mulinya
Sub-Location Assistant Chief seeking help to surrender the Child. The
Assistant Chief referred them to Kakamega Sub-County Children Office
where they were further referred to Little AngeIs Network Kisumu Office.
d) That the Child's biological mother and father willingly signed the
Certificate of Acknowledgement and Initial Consent dated 20th August
2024 surrendering the Child for adoption. The Child was placed at
Springs of Life Children's Home on 20th August 2024.
e) That on 4th September 2024, the Child was committed into the legal
custody of Springs of Life Children's Home vide protection and care case
No. E074/24 by trial Magistrate’s Court- Kakamega. The same was
facilitated by the Kakamega Sub-County Children's Office.
f) The child was declared free for adoption by the Case Committee of Little
Angels Network after inquiry and deliberation on the matter. Further, the
ADOPTION CAUSE NO. E001 OF 2026 3
committee was satisfied that adoption would be in the best interest of
the Child.
g) THAT we were born on 12th December 1982 and 14th October 1981
respectively.
h) THAT we are citizens of Kenya and currently reside in Gambogi, Vihiga
County.
i) THAT we are married to each other.
j) THAT we are a business man and business woman respectively.
k) THAT the Little Angels Network has consented to our request to adopt
having investigated our fitness to adopt a child.
l) THAT the Springs of Life Children's Home has no objection to our
application for adoption.
m) THAT we have appointed ENW and BMW, as Legal Guardians of the
Child in the event of our death
n) THAT we are physically and emotionally fit and healthy and therefore
fully competent in this regard to parent and take care of the child.
o) THAT we are capable of assuming financial responsibility for the Child's
medical care, education and general upkeep.
p) THAT we have a home with a comfortable environment, which is suitable
for nurturing children and ensuring their full development.
q) THAT we are practicing Christians and we intend to bring up the Child
in the said faith.
r) THAT we have never been convicted of a criminal offence or of any
offence referred to in the third schedule of the Children Act 2022.
s) THAT we have not received or agreed to receive and no person has made
or given or agreed to give us any payment or reward in consideration of
the adoption.
t) THAT we have no interest in the matter adverse to those of the Child.
u) That if an adoption order is made, it is proposed that the child be named
FF.
v) That we do not have any other children; biological or adopted
ADOPTION CAUSE NO. E001 OF 2026 4
w) That the child is currently under our care
3. As part of the inquiry on the suitability and eligibility test is mandatory that
the Director of Children services undertake a social investigation on the
various parameters to establish whether the applicants’ application meets the
threshold of being adoptive parents of the minor. In the instance case the
content and text of the inquiry report made the following key observations:
PARTICULARS OF APPLICANTS
Prospective Adoption Parents (Joint Applicants as per Sec 186 (1) b of the
Children Act CAP141)1)
Name of Adoption Father: SM (Husband)
Age: 44 Years
Date of Birth: 01/01/1982
Nationality: Kenyan
ID Number: 24526983
Marital Status: Married
Religion: Christian
Contact: 0745459866
Occupation: Businessman dealing in groceries and commodities.
County: Vihiga; Residence/Physical Address; Gambogi Trading Centre Simbi
Heights Apartments; along Gambogi-Serem Road.
Postal Address: Box 934-40100 Kisumu
Marital Status: Married (to the co-applicant; HWW)
Children:1 (PW-22Years)
Monthly Income: KES.150,000/=per Month.
Name of Adoption Mother: HWW (Wife)
Age: 45 Years
Date of Birth: 14th OCT 1981
Nationality: Kenyan ID Number: 23165913
Religion: Christian
Child in this Matter: Baby FM alias FF
ADOPTION CAUSE NO. E001 OF 2026 5
Date of Birth: 17th AUGUST 2024
Age: 1 year 9 Months
INITIAL CIRCUMSTANCES
Adoption Society: Little Angels Network Other Children in the Family: ONE
Background Information of the Prospective Father:
The 1st applicant SKM was born to the late W and the late PW of Nakuru County.
They are ten siblings; three sisters and seven brothers with the applicant being
the first born. S attended Mwareki Primary school in Nakuru City where he
dropped out in STD 4. He later started eking out a living by doing small
businesses. Currently he is a businessman at Kibuye Market in Kisumu City.
He owns several assets including three motor vehicles; two lorries and a saloon
car and a Piece of land within Nakuru Municipality. The 2nd applicant (HW) was
born in Limuru, Kiambu County to WW-a single mother. They were two siblings
but his brother passed on. She attended Ruaka Primary School before joining
Tigoni Secondary school where she dropped out in Form 4. Currently, she is a
businesswoman selling motor cycle spare parts at Gambogi Market.
Family Overview: The applicants married in 2012 but they have not been
blessed with a biological child due to health complications on the part of the
second applicant. However, they have a 22-year-olddaughter who was sired
out of wedlock by the first applicant before the two got married.
Motivation and Expectation: The minor has been and is still part of the
family for the last one year and six months, the reason why they would want
to continue supporting him his adopter parents as they also discharge and
enjoy the responsibilities of parenthood. They have shared this information
with their extended family members in order to bring them on board.
Evaluation of Capability to Adopt: Both applicants have a clean bill of
health having not experienced any serious heath challenge during the last two
years. Also, they have a stable income, having been in business throughout
their adult lives, with a monthly income of approximately 150,000/= while their
monthly expenditure is approximately 40,000/=.
ADOPTION CAUSE NO. E001 OF 2026 6
Opinion as to Whether the Children is Free for Adoption: The child was
declared free for adoption by Little Angels Network case committee sitting on
7th November 2024. The committee was satisfied that the child in this matter is
available for adoption and that such would be in the best interest of the child.
applicant meets the legal and social requirements for Kinship adoption as
provided for in the Children's Act No. 29 of 2022.
Recommendations: Your Lordship the applicants possess social ability
considered important to their taking on parental responsibility and custody of
the child permanently as would be conferred by an adoption order. The minor
has completely bonded with both of them and calls them “MUM” and “DAD”
respectively as in other ordinary family settings.
Decision
4. The originating summons is provided for under the Children’s Act and other
enabling Statutes for grant of orders of adoption is also guided by the
constitutional imperatives on the welfare and best interests of the child.
5. Section 191 of the Children Act provides as follows: 191 Inter-country
adoptions. The Court may make an adoption order in respect of a child on the
joint application of two spouses who are not citizens or residents of Kenya, in
this Act referred to as an "inter-country adoption", if the applicants –
a. have satisfied the Court that –
i. all efforts to trace the child’s parents and relatives, and reunify with them
have, despite State support, failed; and
ii. all local arrangements for the placement of the child in family-based
alternative care have been exhausted and failed;
b. have obtained the consents specified in Section 186(8);
c. have satisfied the Court that the country where they ordinarily reside and
where they intend to reside with the child immediately after the making of
the adoption order will respect and recognize the adoption order and grant
resident status to the child; and
ADOPTION CAUSE NO. E001 OF 2026 7
d. have been authorized and recommended as persons who are fit, including
being morally fit and financially capable, to adopt a foreign child by a
competent government authority or Court of competent jurisdiction in the
country where they intend to reside with the child immediately after the
making of the adoption order.
6. The applicants who are spouses have satisfied the Court that: -
i. All efforts to trace the child’s parents and relatives, and reunify with them
have, despite State support, failed;
ii. All local arrangements for the placement of the child in family based
alternative care have been exhausted and failed;
iii. The adoption is sought in good faith, honesty, lawful purposes and in the
best interest of the child;
iv. The applicants will not do anything prejudicial to the child, his life, limb,
wellbeing, and person;
v. In the circumstances of this case, the applicants will always act in the best
interest of the child including, taking of all necessary legal steps permitted
under the law of the USA where they are citizens, to have the adoption
order respected and recognized and the child to be granted resident
status;
vi. They have been recommended by the Children Officer Narok, as being fit,
including being morally fit and financially capable, to adopt the child; and
vii. They will always report to the Court as may be ordered or as is necessary
on any matter of which they are required to act or take steps.
7. The right to adopt a child is a fundamental right under the Constitution to
give effect to Article 53 of the Constitution. Therefore, any persons irrespective
of their religion can adopt a child under the secular guidelines in the
Children’s Act. This is to ensure that the children particulars of destitute and
abandoned minors are not exploited and their welfare remains paramount. I
have once again reviewed the application by the Applicant. In addition, the
Director of Children's Report filed on Court on 13th May 2026, the adoption
agency report, Little Angels Network report dated 10th February 2026 and
ADOPTION CAUSE NO. E001 OF 2026 8
other instruments in support of the application are all responsive that the
Applicants SKM and HWW are legally eligible, suitable, competent, to adopt
the minor FM alias FF.
8. For those reasons the following orders shall abide:
a. That ENW and BMW female and male adults of sound mind respectively,
both of C/O Post Office Box Number 934-40100 Kisumu be appointed as
Guardians ad litem in this matter in the event the Applicants are
incapacitated or in any way unable to discharge their parental obligations,
shall remain the child's legal guardians.
b. That the Applicants SKM and HWW be authorized to adopt Baby FM alias
FF and that an adoption order be issued and be extracted in the prescribed
form under the Children's Act and Rules.
c. That the baby be henceforth formally known as FF and that the Registrar of
Births and Deaths do issue the said Baby FM alias FF with a birth certificate
containing his full names as given by the adoptive parent.
d. That the Registrar General be directed to make the appropriate entries in
the adopted Children's Register to reflect the adoption of the child baby FM
alias FF by the adoptive parents herein SKM and HWW.
9. It is so ordered.
DATED & DELIVERED AT VIHIGA THIS 2ND DAY OF JUNE 2026.