In re JEA alias EA (Child) [2025] KEHC 9825 (KLR)

In re JEA alias EA (Child) (Adoption Cause E001 of 2024) [2025] KEHC 9825 (KLR) (4 July 2025) (Judgment)

Neutral citation: [2025] KEHC 9825 (KLR)

Republic of Kenya

In the High Court at Busia

Adoption Cause E001 of 2024

WM Musyoka, J

July 4, 2025

Judgment

1. The applicant, RIA, is a Kenyan citizen, and a farmer. She is widowed. She seeks to adopt JEA alias EA. Her Originating Summons is dated 19th February 2024.

2. The child in question was born on 26th October 2016 and was abandoned at Alupe Hospital. She was cared for and maintained at Amukura Mission Orphanage. The child was freed for adoption on 7th October 2022 by the Little Angels Network adoption agency, by its certificate number 002285, issued on even date.

3. To facilitate this adoption, the applicant has been assessed by the Little Angels Network, the Busia County Director of Children Services and the guardian ad litem, Sr. Judith Auma. The three have compiled and filed their reports in court. The report by the County Director of Children Services is dated 6th May 2024, while that of the guardian ad litem is dated 23rd April 2025. The report by the Little Angels Network is dated 7th October 2022. All these reports are favourable and recommend the proposed adoption.

4. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child himself appears to have bonded well with her, and she considers her to be her parent.

5. In the opinion of this court, it would be in the best interests of the child that she is adopted by the applicant, who would be able to provide a home and a family for her to grow up in. Consequently, the applicant shall assume all parental rights and duties of the biological parents, in respect of the adopted child. She shall treat her as if she were born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding, during the lifetime of the child, and that the child shall have the right to inherit her property. The applicant cannot give up the child, owing to any subsequent unforeseen behaviour or other changes.

6. I am satisfied that all the legal requirements for a local adoption have been met, and I, therefore, make the following orders:-a.That the applicant, RIA, is hereby allowed to adopt the child, JEA alias EA;b.That the said child is Kenyan by birth, having been born on 26th October 2016, at Busia, Kenya;c.That the Registrar-General is hereby directed to enter this adoption order in the adoption register; andd.That the guardian ad litem is hereby discharged.

7. It is so ordered.

DELIVERED BY EMAIL, DATED AND SIGNED IN CHAMBERS AT BUSIA THIS 4TH DAY OF JULY 2025. W. MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Ms. Sr. Judith Auma, guardian ad litem.Ms. Euphrasia Agala, Matayos Sub-County Children’s Officer.AdvocatesMr. Joseph Makokha, instructed by JP Makokha & Company, Advocates for the applicant.