Introduction:
1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. Section 157(1) sets out the criteria of the children eligible to be adopted. Under Section 158(1) of the Act provides the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty one years old than the child but has not attained the age of sixty five years or is a relative of the child or is the mother of the child. In the same section an adoption order shall not be made if the applicants fall within any of the exclusion clauses in subsection (2a – e and 3 –a-f)
10. In the Originating Summons dated 8 th June, 2026, the petitioner has approached court under sections 183, 184, 185, 186, 188, 195, 200 and 201 of the Children Act 2022 seeking adoption of ABG and the Registrar of General be directed to enter this adoption into the register of adoptions. Additionally, that Emily Moyare Agasa be appointed as the legal guardian of the Minor.
11. Teresa Kwamboka Agasa told court she is married to Evans Agasa Maroro having solemnised their marriage on the 16 th April 19197 and are blessed with four children namely EMA born on 10 th December 1981, DKA born on 21 st November 1988, KOA born on 23 rd March 1990 and SMA. Her husband and children have consented to the adoption of the baby herein.
12. The subject herein is her grandson having been gotten out of wedlock by her daughter who has heavy responsibilities and yet she is unemployed. The daughter has another child to take care of. The petitioner seek that she continues to take care of the grandson a role she has executed with good faith in the last five years. The Petitioner is horticulture farmer and is in a stable financial position to take care of the grandson.
13. The petitioner says that she has a four bedroomed house which is a homely environment suitable for raising the child. The Petitioner has a good record of suitability from the Criminal Investigation Department, a committed Christian at Redeemed Gospel Church Inc.
14. The Petitioner has further said that one Emily Moyare Agasa who is her daughter has consented to be the Legal guardian in event she is incapacitated and unable to take care of the child.
15. Finally, the Petitioner says that she approached KKPI Adoption Society seeking to adopt the child together with recommendation from friends, the church and my friends. KKPI Adoption Society has confirmed that the child was freed for adoption on 23 rd April, 2025 through the adoption certificate number 1030.
16. Mary Karimi told court that she is a social worker and that she did home assessment and filed a report dated 23 rd June, 2026. To her, she consents to the adoption of the child herein.
17. Doreen Kemuma Agasa said that she is a business lady and the petitioner is her biological mother. She has consented to have her baby adopted. She further said that the petitioner has always supported her child.
18. Emily Agasa told court that she is a Clinician and the petitioner is her biological mother. She is ready to be a legal guardian once the baby is adopted by the Petitioner.
19. Winfrida Ikinya told court that she is a Deputy Assistant of Children Services and in respect to this matter, her colleague compiled a children Report dated 16 th June, 2026. The subject was interviewed, the petitioner as well as the guardian and ten report is positive on adoption.
20. Jackline Wambui told court that she works with KKPI Adoption Society and were involved in the matter. They declared the child free for adoption as per the certificate in this matter. This being a kinship adoption, they have no reservation for the adoption.
21. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
22. What more, shall the court expect.
23. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centrepiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 8 th June, 2026. That is to say;
a. Teresa Kwamboka Agasa is hereby authorized to adopt A.B.G. as her child.
b. The registrar General is hereby directed to enter this adoption into the Register of Adoption and issue a birth certificate in accordance with the adoption.
c. Emily Moyare Agasa is herby appointed as the Legal Guardian of ten minor herein.
Delivered on the 23 rd July, 2026 in the open court in the presence of ten parties.
Hon. R.K. Ondieki,
-=Judge.
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1. In the fullness of time, this court will have to be guided by copious statutes, superior court decisions, charters among others from one part to the end of the adoption spectrum, which shall act as anchorage and resets the motion, even as I delve into the processes of adoption of the children in this country, as well as from persuasive jurisdictions. I may now sample a few, for the purposes of having a handle of the matter.
2. In Weller & Others Vs Associated Newspapers Ltd {2015} ALL ER (D) 194 , the best interest of children may be held in a variety of different contexts for example the balancing exercise must always be undertaken in children’s cases as in adult cases although a child’s right is not a trump card in the balancing exercise, the primacy of the best interests of a child means that, where a child interest would be adverse by affected, they must be given considerable weight.
3. In the House of Lords decision in Re C (A Minor) (Adoption Order: Conditions) [1989] AC 1 , Lord Ackner stated in respect to post adoption contact, cases rightly stress that in normal circumstances, it is desirable that there should be a complete break, but that each case has to be considered on its own particular facts. No doubt the court will not, except in the most exceptional case, impose terms or conditions as to access to members of the child's natural family to which the adopting parents do not agree. To do so, would be to create a potentially frictional situation which would be hardly likely to safeguard or promote the welfare of the child. When no agreement is forthcoming, the court will, with very rare exceptions, have to choose between making an adoption order without terms or conditions as to access, or to refuse to make such an order and seek to safeguard access to some other machinery, such as wardship. To do otherwise, would be merely inviting future and almost immediate litigation stopped.
4. The United Kingdom Supreme Court in Re B (A Child) [2013] UKSC 33 , Baroness Hale said that, the test for severing the relationship between parent and child is very strict. Only in exceptional cases and where motivated by overriding requirements pertaining to the child's welfare, in short, where nothing else will do.
5. Justice Hale in Re O (Care or Supervision Order) [1996] 2 FLR 755 at 760 , said that the court should begin with a preference for the less interventionist rather than the more interventionist approach. This should be considered to be in the better interests of the children, unless there are cogent reasons to the contrary.
6. The Children’s Act the Geneva Declaration of the Rights of the Child {1924} in Article (2) provides that the child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of Laws for this purpose, the best interest of the child shall be the parent consideration.
7. The best interest of the child’s right is a principle derived from Article 3 of the United Nations Convention on the rights of the child provides that in all actions concerning children whether undertaken by the public or private social welfare institutions, courts of law administrative authorities of legislative bodies, the best interests of the child, shall be primary consideration.
8. Back home, in the case of Re B(Baby)[2018]eKLR, the court stated that that the purpose of Kenya’s Constitution and Children Act is to protect and promote the welfare of Children by providing them with stable family units. The fundamental concern therefore in every adoption cause provision is of the best interest of that very child. It is that family unit that the constitution contemplates under Article 45 which also has to take responsibilities in fulfilling the obligations enjoined in Article 53 of the same Constitution.
9. Section 157(1) sets out the criteria of the children eligible to be adopted. Under Section 158(1) of the Act provides the threshold to be met by the adoptive parents; (1) An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants has attained the age of twenty-five years and is at least twenty one years old than the child but has not attained the age of sixty five years or is a relative of the child or is the mother of the child. In the same section an adoption order shall not be made if the applicants fall within any of the exclusion clauses in subsection (2a – e and 3 –a-f)
10. In the Originating Summons dated 8 th June, 2026, the petitioner has approached court under sections 183, 184, 185, 186, 188, 195, 200 and 201 of the Children Act 2022 seeking adoption of ABG and the Registrar of General be directed to enter this adoption into the register of adoptions. Additionally, that Emily Moyare Agasa be appointed as the legal guardian of the Minor.
11. Teresa Kwamboka Agasa told court she is married to Evans Agasa Maroro having solemnised their marriage on the 16 th April 19197 and are blessed with four children namely EMA born on 10 th December 1981, DKA born on 21 st November 1988, KOA born on 23 rd March 1990 and SMA. Her husband and children have consented to the adoption of the baby herein.
12. The subject herein is her grandson having been gotten out of wedlock by her daughter who has heavy responsibilities and yet she is unemployed. The daughter has another child to take care of. The petitioner seek that she continues to take care of the grandson a role she has executed with good faith in the last five years. The Petitioner is horticulture farmer and is in a stable financial position to take care of the grandson.
13. The petitioner says that she has a four bedroomed house which is a homely environment suitable for raising the child. The Petitioner has a good record of suitability from the Criminal Investigation Department, a committed Christian at Redeemed Gospel Church Inc.
14. The Petitioner has further said that one Emily Moyare Agasa who is her daughter has consented to be the Legal guardian in event she is incapacitated and unable to take care of the child.
15. Finally, the Petitioner says that she approached KKPI Adoption Society seeking to adopt the child together with recommendation from friends, the church and my friends. KKPI Adoption Society has confirmed that the child was freed for adoption on 23 rd April, 2025 through the adoption certificate number 1030.
16. Mary Karimi told court that she is a social worker and that she did home assessment and filed a report dated 23 rd June, 2026. To her, she consents to the adoption of the child herein.
17. Doreen Kemuma Agasa said that she is a business lady and the petitioner is her biological mother. She has consented to have her baby adopted. She further said that the petitioner has always supported her child.
18. Emily Agasa told court that she is a Clinician and the petitioner is her biological mother. She is ready to be a legal guardian once the baby is adopted by the Petitioner.
19. Winfrida Ikinya told court that she is a Deputy Assistant of Children Services and in respect to this matter, her colleague compiled a children Report dated 16 th June, 2026. The subject was interviewed, the petitioner as well as the guardian and ten report is positive on adoption.
20. Jackline Wambui told court that she works with KKPI Adoption Society and were involved in the matter. They declared the child free for adoption as per the certificate in this matter. This being a kinship adoption, they have no reservation for the adoption.
21. The court has perused the necessary attachments to this adoption and especially a detailed report from Kenya Children’s home, a certificate declaration a child free for adoption, a consent by Guardian ad litem, a certificate of fitness of the proposed guardian ad litem, medical records and financial statements. They all favour the adoption of the baby herein and it is in the interest of the baby that adoption is granted as proposed.
22. What more, shall the court expect.
23. Taking all these reports and attestations by the applicants, I must reiterate that the constitutional and internationally applicable principle of best interest of a child is the centrepiece that runs through in these proceedings. Consequently, I allow the prayers sought in the Originating Summons dated 8 th June, 2026. That is to say;
a. Teresa Kwamboka Agasa is hereby authorized to adopt A.B.G. as her child.
b. The registrar General is hereby directed to enter this adoption into the Register of Adoption and issue a birth certificate in accordance with the adoption.
c. Emily Moyare Agasa is herby appointed as the Legal Guardian of ten minor herein.
Delivered on the 23 rd July, 2026 in the open court in the presence of ten parties.
Hon. R.K. Ondieki,
-=Judge.
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