1. This is an Originating Summons dated 08th December 2025 in which the Applicants, Vitas Nyaribari Ndege and Alice Kwamboka Nyangau, seek authority to adopt the minor known as H.E.N. The application is supported by the requisite statements, affidavits, statutory consents and reports filed in court.
2. The minor, H.E.N. is a male child born on 06th July 2011 in Nyamira County. The child’s biological mother is deceased, having passed away in 2013. Following her death, the child remained under the care of his maternal grandparents. However, owing to their advanced age and declining health, they are no longer able to adequately provide for his needs, whereupon the Applicants, who are the child’s maternal aunt and her husband, assumed full parental responsibility.
3. The Applicants have since provided for the child’s educational, medical, emotional and material needs, and the child has grown up within their care and supervision.
4. I have considered the Summons, the material on record, and the applicable law. Adoption proceedings are governed by the Children Act, 2022. The Court is required to determine whether the child is available for adoption, whether the necessary consents have been obtained or properly dispensed with, whether the Applicants are suitable, and whether the adoption serves the best interests of the child.
5. The child was declared free for adoption by a duly registered adoption society, Little Angels Network, in its report dated 10th July 2025, in compliance with the provisions of the Children Act.
6. The material before the Court demonstrates that the necessary consents have been obtained from the grandparents who have parental responsibility over the child.
7. The child, being of sufficient age and understanding, has also expressed his willingness to be adopted by the Applicants.
8. The Children Officer’s report dated 17th April 2026 confirms that the Applicants have consistently provided for the child’s educational, medical, emotional and material needs, and that he enjoys a sense of belonging and permanence within their household.
9. On the basis of these findings, the Court is satisfied that the Applicants meet the statutory requirements of suitability set out under section 186 of the Children Act, 2022.
10. Under Article 53(2) of the Constitution and section 4(2) of the Children Act, 2022, the best interests of the child are of paramount importance in every matter concerning the child.
11. Given the minor’s early loss of maternal care following the death of his mother, and the Applicants’ longstanding provision of the needs essential for the child’s growth and development, the Court is satisfied that the application for adoption accords with the constitutional and statutory imperative that the best interests of the child be treated as the paramount consideration.
12. The child has been interacting with the Applicants’ family and has developed strong emotional bonds with them. The presence of the Applicants’ four biological children, who have expressed readiness and enthusiasm to receive him as part of their family, further reinforces the existence of a stable, supportive and nurturing home environment.
13. With regard to relocation, the Applicants have demonstrated that they are lawfully resident and employed abroad, and that the proposed relocation will afford the child enhanced educational, medical and general welfare opportunities. The Court also takes into account its interaction with the child, who demonstrated sufficient maturity and understanding of the nature and consequences of the adoption and the intended relocation and has expressed willingness and enthusiasm for the move.
14. In the circumstances, and guided by the best interests principle, the Court is satisfied that the adoption and relocation of the child will formalise an existing parental relationship, secure his legal status, and guarantee stability, continuity of care, and protection of his rights.
15. Having considered all the material before the Court, and being satisfied that the application meets the legal threshold under the Children Act, 2022, the application is merited.
16. Accordingly, the Court makes the following orders:
1) The Applicants, Vitas Nyaribari Ndege and Alice Kwamboka Nyangau, are hereby authorised to adopt the minor H.E.N.
2) The child shall henceforth be known as H.E.N.N.
3) The Registrar-General is directed to make the appropriate entry in the Adopted Children Register.
4) Lilian Kerubo Kiage is hereby appointed as the legal guardian of the child in the event of death or incapacity of the Applicants.
5) For all purposes of the law, the child shall be deemed to be the child of the Applicants with full rights, including rights of inheritance.
6) The child is hereby permitted to relocate and reside with the Applicants in the United States of America.
7) The Director of Children’s Services shall file a post-adoption report within six (6) months from the date hereof.
8) Mention on 22nd October 2026 for purposes of receiving the post-adoption report.
2. The minor, H.E.N. is a male child born on 06th July 2011 in Nyamira County. The child’s biological mother is deceased, having passed away in 2013. Following her death, the child remained under the care of his maternal grandparents. However, owing to their advanced age and declining health, they are no longer able to adequately provide for his needs, whereupon the Applicants, who are the child’s maternal aunt and her husband, assumed full parental responsibility.
3. The Applicants have since provided for the child’s educational, medical, emotional and material needs, and the child has grown up within their care and supervision.
4. I have considered the Summons, the material on record, and the applicable law. Adoption proceedings are governed by the Children Act, 2022. The Court is required to determine whether the child is available for adoption, whether the necessary consents have been obtained or properly dispensed with, whether the Applicants are suitable, and whether the adoption serves the best interests of the child.
5. The child was declared free for adoption by a duly registered adoption society, Little Angels Network, in its report dated 10th July 2025, in compliance with the provisions of the Children Act.
6. The material before the Court demonstrates that the necessary consents have been obtained from the grandparents who have parental responsibility over the child.
7. The child, being of sufficient age and understanding, has also expressed his willingness to be adopted by the Applicants.
8. The Children Officer’s report dated 17th April 2026 confirms that the Applicants have consistently provided for the child’s educational, medical, emotional and material needs, and that he enjoys a sense of belonging and permanence within their household.
9. On the basis of these findings, the Court is satisfied that the Applicants meet the statutory requirements of suitability set out under section 186 of the Children Act, 2022.
10. Under Article 53(2) of the Constitution and section 4(2) of the Children Act, 2022, the best interests of the child are of paramount importance in every matter concerning the child.
11. Given the minor’s early loss of maternal care following the death of his mother, and the Applicants’ longstanding provision of the needs essential for the child’s growth and development, the Court is satisfied that the application for adoption accords with the constitutional and statutory imperative that the best interests of the child be treated as the paramount consideration.
12. The child has been interacting with the Applicants’ family and has developed strong emotional bonds with them. The presence of the Applicants’ four biological children, who have expressed readiness and enthusiasm to receive him as part of their family, further reinforces the existence of a stable, supportive and nurturing home environment.
13. With regard to relocation, the Applicants have demonstrated that they are lawfully resident and employed abroad, and that the proposed relocation will afford the child enhanced educational, medical and general welfare opportunities. The Court also takes into account its interaction with the child, who demonstrated sufficient maturity and understanding of the nature and consequences of the adoption and the intended relocation and has expressed willingness and enthusiasm for the move.
14. In the circumstances, and guided by the best interests principle, the Court is satisfied that the adoption and relocation of the child will formalise an existing parental relationship, secure his legal status, and guarantee stability, continuity of care, and protection of his rights.
15. Having considered all the material before the Court, and being satisfied that the application meets the legal threshold under the Children Act, 2022, the application is merited.
16. Accordingly, the Court makes the following orders:
1) The Applicants, Vitas Nyaribari Ndege and Alice Kwamboka Nyangau, are hereby authorised to adopt the minor H.E.N.
2) The child shall henceforth be known as H.E.N.N.
3) The Registrar-General is directed to make the appropriate entry in the Adopted Children Register.
4) Lilian Kerubo Kiage is hereby appointed as the legal guardian of the child in the event of death or incapacity of the Applicants.
5) For all purposes of the law, the child shall be deemed to be the child of the Applicants with full rights, including rights of inheritance.
6) The child is hereby permitted to relocate and reside with the Applicants in the United States of America.
7) The Director of Children’s Services shall file a post-adoption report within six (6) months from the date hereof.
8) Mention on 22nd October 2026 for purposes of receiving the post-adoption report.