REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

CERTIFICATE URGENCY

I, EVANS OKERI MOSIERE, the 1st Applicant do hereby certify the instant application is
urgent and need to be placed before the Honourable Judge and heard on priority basis.

THAT the urgency has been necessitated by the fact that the biological mother of the children
intended for adoption is terminally ill and bed ridden and that the Applicant as in the process of
allocating his children property and could wish to include the aforementioned children in his will
for they have been under his care.

Dated at Kisii this …………………..day of ……………………………………………2014

………………………………..
EVANS OKERI MOSIERE
APPLICANT
DRAWN & FILED BY:-

EVANS OKERI MOSIERE

P.O. BOX 11
NYAMIRA.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

VERIFYING AFFIDAVIT

I, EVANS OKERI MOSIERE of P.O Box Number 11, NYAMIRA, a resident of Nyamira
County, in the Republic of Kenya do make oath and state as follows:-

1. THAT I am a male of sound mind in disposition, therefore competent to make and swear this
affidavit.

2. THAT I am the 1st Applicant herein and that I have the authority of the 2 nd applicant who is my
wife to swear this affidavit on her behalf.

3. THAT I have filed the present application being accompanied by this Verifying Affidavit
claiming relief outlined in the Application for adoption of the above children.

4. THAT the facts in our statement in support of the application for the adoption order are true and
correct to the best of our knowledge.

5. THAT I know of my own knowledge that prior to institution of this application and even at the
time of swearing this Verifying Affidavit, there is no application pending and there have been no
previous proceedings in any court for the adoption of the children hereinabove mentioned.

6. THAT what is deponed hereinabove is true to the best of my knowledge, information and belief.

SWORN BY THE SAID

EVANS OKERI MOSIERE ] ……………………………………..

AT KISII THIS ……….day of……….……… 2014 ] DEPONENT

BEFORE ME ]

COMMISSIONER FOR OATHS/MAGISTRATE

DRAWN & FILED BY:

EVANS OKERI MOSIERE
P.O. BOX 11
NYAMIRA.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

CHAMBER SUMMONS

Let all parties concerned attend the Honourable Judge in chambers on the …….day of
…………………….2014 at 9.00 o’clock, in the forenoon or soon thereafter for the hearing of an
application on the part of the applicants herein for ORDERS THAT:-

1. That this application be certified as urgent and be heard on priority basis.

2. The applicants herein, MR. EVANS OKERI MOSIERE and MRS. RAEL
NYANG’ANYI OKERI, be appointed guardian ad litem in this case.
3. The applicants be authorized to adopt the above named minors.
4. The Registrar-General to make necessary entries in the adopted children register and
thereafter issue certificates for the same.
5. This honourable do issue such other orders as it it may deem just to grant in the best
interest of the minors herein.
6. Costs be in the cause.

Which application is buttressed by the supporting affidavit of the applicants and on the following
grounds:-

1. The biological mother of the children herein is terminally ill and is not able to sustain
their upkeep.
2. That the children and their mother have been living with the applicants and he is the one
providing for them in terms of basic needs, including their education and other essential
requirements
3. That the children have a chance of living in a suitable family set-up that the applicants are
willing and able to offer.
4. That there is no previous application has been made relating to the adoption of the
children.

Dated at Kisii this …………………..day of ……………………………………………2014

………………………………..

EVANS OKERI MOSIERE

APPLICANT

Note:- “ if any party served does not appear in the place and time mentioned above, such
orders shall be made and proceedings taken as the court may deem just and expedient your
absence not withstanding”.

DRAWN & FILED BY:

EVANS OKERI MOSIERE

P.O. BOX 11

NYAMIRA.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

SUPPORTING AFFIDAVIT

I, EVANS OKERI MOSIERE, of National Identification card number 13091406, care of

P.O. box No. 11, Nyamira in the Republic of Kenya do hereby solemnly make oath and
swear as follows:-

1. That I am a male adult of sound mind and disposition and one of the applicants herein
hence competent to make and swear this affidavit.

2. That I have authority of the second applicant, RAEL NYANG’ANYI OKERI, my wife,
to swear to swear this affidavit on her behalf.

3. That the mother of the above-mentioned minors, MARY NYANCHAMA MOSIERE, is

my sister and that I have her consent to adopt the above-mentioned minors as she is
terminally ill and is incapable to fend for them.

4. That the minors were born out of wedlock and no father has come forth to claim
responsibility and that they, minors, together with their mother have been under my care.
 5. That I work as a pastor at Nyamira Conference S.D.A Church in Nyamira County and my
wife is a primary school teacher at Kianyabongere Primary School thus capable of
providing for the minors herein.

6. That my wife and I, are a happily married couple and we do guarantee the minors a happy
and conducive environment for their endeavours.

7. That I swear this affidavit in support of our application for adoption of the children
mentioned hereinabove.

8. That what is deponed hereinabove is true to the best of my knowledge, information and
believe.

Sworn at Kisii

This ………day of ………………..2014

By the said,

EVANS OKERI MOSIERE ………………………………..

BEFORE ME Deponent

COMMISSIONER FOR OATHS/MAGISTRATE

 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

ORIGINATING SUMMONS

Let all parties concerned, within (10) ten days of service of this application; enter appearance
to the summons issued on the application of the applicants, MR. EVANS OKERI MOSIERE
AND MRS. RAEL NYANG’ANYI OKERI for ORDERS THAT:-

1. The applicants, MR. EVANS OKERI MOSIERE AND MRS. RAEL NYANG’ANYI
OKERI, authorized to adopt the above-mentioned minors.

2. Upon making the adoption order, the minors do adopt the surname OKERI and the same
be reflected in their credentials and the Registrar General to make an entry in the adopted
children’s register recording the adoption in accordance with the particulars as shall be
set out in the adoption order.

3. Costs be in the cause.

Which application is grounded on the statement of the applicant and other grounds that shall be
adduced at the hearing:-

1. The children were born out of wedlock and have been under the care of the applicants.

2. The biological mother of the children is terminally ill and has consented to the adoption
of the children by the applicants.
 3. The applicants have got the means to care and are willing provide for the children

4. That no previous application has been made relating to the application on adoption of the
said children.

Dated at Kisii this ………….…..day of ……………………………………………………..2014

……………………………………….

EVANS OKERI MOSIERE

APPLICANT

DRAWN & FILED BY:

EVANS OKERI MOSIERE

P.O. BOX 11

NYAMIRA.

Note:- if any party served does not appear within the time and place above-mentioned, the
application will be dealt with without further reference to him unless;-

(a) An adoption society which has made arrangement for the adoption or,
(b) A person whose consent to the adoption is required has not given And neither of the latter
case, notice or further proceedings will be served in accordance with section 156 of the
children’s Act, No.8 of 2001.
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

STATEMENT IN SUPPORT OF THE APPLICATION FOR THE ADOPTION ORDER

We, the undersigned, EVANS OKERI MOSIERE AND RAEL NYANG’ANYI OKERI, both of
P.O. Box 11, Nyamira, do hereby wish to make oath and state as follows;-

1. That we are male and female adults of sound mind and disposition and the applicants
herein hence competent to make and swear this affidavit.
2. That our full names are, EVANS OKERI MOSIERE AND RAEL NYANG’ANYI
OKERI, of ages, 40 years and 36 years, respectively and wish to adopt the above-
mentioned children.
3. That we are Christians by faith and the first applicant works as a pastor and the second
applicant works as a teacher.
4. That our permanent place of abode is in Nyamira County within the Republic of Kenya.
5. That we are married under the African Christian marriage.
6. That the children intended to be adopted are all of Kenyan nationality.
7. That the biological mother of the children is sister and sister-in-law of the applicants
respectively and that she has consented to the adoption of her children, for she is
terminally ill and cannot meet the needs of her children, by the applicants and that she
has never been married and the children were born out of wedlock.
8. That the children, having attained the age of 14 years, have also consented to their
adoption by the applicants without any duress or coercion and that they have been living
under the care of the applicants since birth and enjoyed good relationship.
 9. That our object and intent to adopt the said children is driven by goodwill to help, protect,
support, maintain and provide inheritance for the children.
10. That we have not made any neither is there any application for an adoption order in
respect of the said children been made.
11. That the biological mother of the children has not received or agreed to receive and no
payment or reward has made to us in consideration of the adoption.
12. That if the order sought is granted, it is proposed that the children do adopt the name
OKERI as their surname.
13. We do desire that our identities be kept secret and confidential.
14. That, consequently, we wish that our application for adoption of the aforementioned
children be allowed.

Sworn at kisii this……….day of …………….2014

By the said

EVANS OKERI MOSIERE …………………………………….

AND 1st Deponent

RAEL NYANG’ANYI OKERI ………………………………………

BEFORE ME 2nd Deponent

COMMISSIONER FOR OATHS/MAGISTRATE

 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

CONSENT FOR ADOPTION BY MINOR

Under section 158 (4) (f) of the children’s Act, 2001

We , the undersigned , being the subjects of the instant application, have agreed/ consented to the
applicants, EVANS OKERI MOSIERE AND RAEL NYANG’ANYI OKERI, our uncle and
aunt respectively, application being granted orders of adoption.

The purpose and intent of the application been explained to us and we fully understand that it is
meant to benefit us.

Signed

Joan Kemunto – 16 years …………………………………

Elphine Kerubo – 15 years …………………………………

Mark Osoro – 14 years …………………………………………..

Dated at Kisii this ………………day of ………………………….2014

 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

ADOPTION CAUSE NO. ………….OF 2014 (O.S)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION UNDER PART XII OF THE CHILDREN’S ACT NO.
8 OF 2001

AND

IN THE MATTER OF JOAN KEMUNTO, ELPHINE KERUBO AND MARK OSORO,

ALL MINORS AGED, 16 YEARS, 15 YEARS AND 14 YEARS RESPECTIVELY.

CONSENT FOR ADOPTION BY PARENT

Under section 158(4) (a) of the Children’s Act, 2001

I, MARY NYANCHAMA MOSIERE, being the biological mother of the above-mentioned

children herein have today consented to the applicants herein, EVANS OKERI MOSIERE AND
RAEL NYANG’ANYI OKERI, granted the orders sought for the adoption of my three children.

I do understand that the whole process and its resultant outcome if granted is to the best interest
of my children and that no payment or reward has made to me in consideration of the application
for the adoption order of these children.

Dated at Kisii this ……………….day of………………………………………2014

…………………………………..

MARY NYANCHAMA MOSIERE

MOTHER