https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11877
The Court found the Originating Summons merited on the basis of the material on record, including the report filed for the minor and the court’s examination of the parties, and therefore allowed the adoption application with ancillary orders and no order as to costs.
Source-derived case information.
- Citation
- [2026] KEHC 11877 (KLR)
- Parties
- 1st Applicant: STM; 2nd Applicant: YNN; Minor/child Subject of Adoption Cause: Baby O; Proposed Legal Guardian: Jasper Ondieki Maoga; Guardian Ad Litem: Walter Oluoch Odhiambo
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E213 of 2025
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Application allowed
- Judges
- ["HK Chemitei"]
- Legal Topics
- Adoption Order, Dispensation of Parental Consent, Registration of Adopted Child, Citizenship Presumption, Passport Issuance, Appointment of Legal Guardian, Guardian Ad Litem Discharge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
STM
1st Applicant
YNN
2nd Applicant
Baby O
Minor/child Subject of Adoption Cause
Jasper Ondieki Maoga
Proposed Legal Guardian
Walter Oluoch Odhiambo
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the Applicants met the requirements for an adoption order in respect of Baby O
- 2 Whether the consent of the biological parents should be dispensed with
- 3 Whether consequential orders on registration, citizenship and passport issuance should issue
Ratio Decidendi
The Court found the Originating Summons merited on the basis of the material on record, including the report filed for the minor and the court’s examination of the parties, and therefore allowed the adoption application with ancillary orders and no order as to costs.
Court Disposition
Application allowed
Orders
- Applicants authorised to adopt Baby O with consent of the biological parents dispensed with.
- Upon adoption, the child shall be known as OMT.
Full Case Text
Judgment text and source record
1 paragraphs
In re O (Baby) (Adoption Cause E213 of 2025) [2026] KEHC 11877 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 11877 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E213 of 2025 HK Chemitei, J July 30, 2026 IN THE MATTER OF BABY O In the matter of STM 1st Applicant YNN 2nd Applicant Judgment 1.In their Originating Summons dated 1st August 2025 the Applicants prayed for the following orders:(a)That they be authorised to adopt BabyO and the consent of the biological parents be dispensed with.(b)That upon adoption the said child be known as OMT .(c)That the Registrar General do make the appropriate entry of OMT in the Adopted Children Register.(d)That the child OMT be presumed born a Kenyan citizen and the Director of Immigration Services do issue OMT with a Kenyan passport.(e)That Jasper Ondieki Maoga be appointed legal guardian of the child OMT . 2.The application is based on the statements as well as the attached supporting affidavits and the annexures thereto. 3.The Court on 18th September 2025 as it appointed the guardian ad litem directed that a report be prepared in respect to the minor. 4.The said report dated 11th February 2026 is on record and I have had occasion to peruse the same extensively. 5.The parties on 16th July 2026 appeared before the Court albeit online. The Court examined them and they all appreciated their respective roles. 6.In the premises and based on the paper trail on record this Court is satisfied that the Originating Summons is merited and the same is hereby allowed with no order as to costs. 7.The guardian ad litem herein Walter Oluoch Odhiambo is hereby discharged. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY 2026.H.K. CHEMITEIJUDGE, FCIArb.