https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11825
The court found the originating summons meritorious because the documentary material, the positive Children’s Department report, and the oral interview of the parties satisfactorily demonstrated that the adoption met the legal requirements, and therefore granted the orders sought.
Source-derived case information.
- Citation
- [2026] KEHC 11825 (KLR)
- Parties
- 1st Applicant: SKN; 2nd Applicant: AMM; Minor / Subject Child: Baby CW; Proposed Legal Guardian: MM; Proposed Legal Guardian: Anne MN
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E069 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed
- Judges
- ["HK Chemitei"]
- Legal Topics
- Adoption of a Minor, Legal Guardianship, Best Interests of the Child, Registration of Adoption, Presumption of Kenyan Birth
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKN
1st Applicant
AMM
2nd Applicant
Baby CW
Minor / Subject Child
MM
Proposed Legal Guardian
Anne MN
Proposed Legal Guardian
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants met the legal threshold to adopt Baby CW
- 2 Whether the court should appoint legal guardians for the child
- 3 Whether the child should be presumed to be born in Kenya
Ratio Decidendi
The court found the originating summons meritorious because the documentary material, the positive Children’s Department report, and the oral interview of the parties satisfactorily demonstrated that the adoption met the legal requirements, and therefore granted the orders sought.
Court Disposition
Originating summons allowed
Orders
- The applicants are allowed to adopt Baby CW, who shall henceforth be known as IKMK.
- The Registrar General shall enter the adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
1 paragraphs
In re CW (Baby (Adoption Cause E069 of 2026) [2026] KEHC 11825 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 11825 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E069 of 2026 HK Chemitei, J July 30, 2026 IN THE MATTER OF BABY CW In the matter of SKN 1st Applicant AMM 2nd Applicant Judgment 1.The Originating Summons dated 2nd April 2026 seeks orders that:(a)The Applicants be allowed to adopt Baby CW, a minor and henceforth be known as IKMK(b)The Registrar General be directed to enter this adoption into the Register of Adoptions.(c)MM and Anne MN be appointed as the legal guardians of the child.(d)The child be presumed to be born in Kenya. 2.The application is based on the statements and the supporting affidavit of even date. 3.On 30th April 2026 the court appointed the guardian ad litem and directed the Children’s Department to prepare a requisite report in respect of the minor. 4.The said report dated 26th May 2026 is before the court and it is positive. 5.The parties appeared before court on 2nd July 2026 albeit online and the court was able to interview them orally and they all appreciated their positions in this matter. 6.In the premises and based on the documentations before me I do find the originating summons meritorious and the same is hereby allowed as prayed. 7.The guardian ad litem Solomon Macharia Kamau is hereby discharged. 8.Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY, 2026.H.K. CHEMITEIJUDGE, FCIArb.