1. These are adoption proceedings. The same were instituted through the Originating Summons dated 24 th November 2025. Which was filed together with a Chamber Application of even date. Through these proceedings the Applicant WINFRED NYAMBEKI MOGUSU is seeking to adopt TRIZAH CHEROTICH, a child aged approximately 6 years.
2. By the said interlocutory Application, the Applicant is seeking the following orders in the interim:
(a) An order appointing one DAPHINE MONG’INA NYABOGA as the said child’s Guardian Ad Litem.
(b) An order directing the DIRECTOR OF CHILDREN SERVICES KISII COUNTY, to conduct investigations as to the suitability of the Applicant to adopt the said child, and to submit a report to this Court.
3. The Application which is supported by the Applicant’s Statement, as well as by Affidavits of the proposed Guardian Ad Litem and other witnesses.
4. The Application came up before me today. The Applicant, the proposed guardian Ad Litem, as well as the child, attended court physically. The Court held a closed session in camera and interviewed each one of them and with the child.
Determination
5. I have considered the said Application, the Applicant’s statement, as well as the supporting affidavits of the proposed Guardian Ad Litem and those of the other witnesses. I am satisfied that the Application meets the legal threshold for an order for investigations as to the Applicant’s suitability to adopt the child, and as to the suitability of the said DAPHINE MONG’INA NYABOGA, to be appointed as the Guardian.
6. As for her appointment as Guardian Ad Litem I hold that such appointment should await the investigation report by the County Children’s office. Consequently, the Application succeeds only partially, in terms that;
a) An order directing the DIRECTOR OF CHILDREN SERVICES KISII COUNTY, to conduct investigations as to the suitability of the Applicant to adopt the said child, and to submit a report to this Court.
b) The said investigations to cover the issue of the suitability of the said DAPHINE MONG’INA NYABOGA, to be appointed as the child’s Guardian Ad Litem.
c) There is no order as to the costs of this Application.
DATED and DELIVERED at Kisii on this 7 th day of May, 2026.
2. By the said interlocutory Application, the Applicant is seeking the following orders in the interim:
(a) An order appointing one DAPHINE MONG’INA NYABOGA as the said child’s Guardian Ad Litem.
(b) An order directing the DIRECTOR OF CHILDREN SERVICES KISII COUNTY, to conduct investigations as to the suitability of the Applicant to adopt the said child, and to submit a report to this Court.
3. The Application which is supported by the Applicant’s Statement, as well as by Affidavits of the proposed Guardian Ad Litem and other witnesses.
4. The Application came up before me today. The Applicant, the proposed guardian Ad Litem, as well as the child, attended court physically. The Court held a closed session in camera and interviewed each one of them and with the child.
Determination
5. I have considered the said Application, the Applicant’s statement, as well as the supporting affidavits of the proposed Guardian Ad Litem and those of the other witnesses. I am satisfied that the Application meets the legal threshold for an order for investigations as to the Applicant’s suitability to adopt the child, and as to the suitability of the said DAPHINE MONG’INA NYABOGA, to be appointed as the Guardian.
6. As for her appointment as Guardian Ad Litem I hold that such appointment should await the investigation report by the County Children’s office. Consequently, the Application succeeds only partially, in terms that;
a) An order directing the DIRECTOR OF CHILDREN SERVICES KISII COUNTY, to conduct investigations as to the suitability of the Applicant to adopt the said child, and to submit a report to this Court.
b) The said investigations to cover the issue of the suitability of the said DAPHINE MONG’INA NYABOGA, to be appointed as the child’s Guardian Ad Litem.
c) There is no order as to the costs of this Application.
DATED and DELIVERED at Kisii on this 7 th day of May, 2026.