https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6627
The court was satisfied by the paper trail, the positive Children Services report, and the oral interview of the Applicants that the adoption was appropriate and in the child’s best interests, and therefore allowed the Originating Summons as prayed.
Source-derived case information.
- Citation
- [2026] KEHC 6627 (KLR)
- Parties
- 1st Applicant: JTW; 2nd Applicant: EWT; Child: Baby EMT; Proposed Legal Guardian: SWW; Guardian Ad Litem: EWN
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E152 of 2025
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Adoption Order, Abandoned Child, Dispensation of Parental Consent, Change of Name, Entry in Adopted Children’s Register, Kenyan Citizenship by Presumption, Passport Issuance, Appointment of Legal Guardian, Discharge of Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JTW
1st Applicant
EWT
2nd Applicant
Baby EMT
Child
SWW
Proposed Legal Guardian
EWN
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants met the legal requirements to adopt Baby EMT
- 2 Whether consent of the biological parents should be dispensed with on the ground that the child was abandoned
- 3 Whether the child should be presumed a Kenyan citizen born in Kenya and issued with a Kenyan passport
Ratio Decidendi
The court was satisfied by the paper trail, the positive Children Services report, and the oral interview of the Applicants that the adoption was appropriate and in the child’s best interests, and therefore allowed the Originating Summons as prayed.
Court Disposition
Originating Summons allowed as prayed.
Orders
- The Applicants are authorised to adopt Baby EMT.
- Consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
1 paragraphs
In re E (Baby) (Adoption Cause E152 of 2025) [2026] KEHC 6627 (KLR) (Family) (14 May 2026) (Judgment) Neutral citation: [2026] KEHC 6627 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E152 of 2025 HK Chemitei, J May 14, 2026 In the matter of JTW 1st Applicant EWT 2nd Applicant Judgment 1.The Applicants Originating Summons dated 2nd June 2025 seeks prayers that:(a)The Applicants be authorised to adopt the child Baby EMT.(b)The consent of the biological parents be dispensed with as the child was abandoned.(c)Upon the making of the adoption orders the said child be known as EMT.(d)The Registrar General do make the appropriate entry of EMT in the Adopted Children’s Register.(e)The child EMT be presumed to be a Kenyan citizen born in Kenya and that the Director of Immigration Services do issue EMT with a Kenyan passport.(f)SWW be appointed legal guardian of the child EMT. 2.The application is based on the statement and affidavits in support of the same date. 3.The Court on 2nd June 2025 directed the Department of Children Services to prepare a report in respect of the parties which it was done and it is filed in court and dated 26th January 2025. 4.The same is positive. 5.The parties also appeared before the court on 19th March 2026 and I did interview them orally and they all appreciated their responsibilities and roles. 6.In view of these and the paper trail in support of the matter I do find the same appropriate and thus the Originating summons is hereby allowed as prayed with no order on costs. 7.EWN is hereby discharged as guardianad litem. DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 14THDAY OF MAY 2026.H K CHEMITEIJUDGE