https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6908
The court found the application purely procedural and intended to seal a loophole left by the earlier judgment that had declared the child to be a Kenyan citizen by presumption; accordingly, the application had merit and was allowed as prayed.
Source-derived case information.
- Citation
- [2026] KEHC 6908 (KLR)
- Parties
- 1st Applicant: MSR; 2nd Applicant: TMR; Child Subject Matter: Eunice Nasieku (Winnie Stella Rains); Respondent/agency: Director of Immigration
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 154 of 2006
- Procedural Posture
- Adoption Cause / Chamber Summons / Judgment on Application
- Outcome
- Application allowed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Declaration of Kenyan Citizenship by Presumption, Issuance of Kenyan Passport to Adopted Child, Procedural Clarification After Prior Adoption Judgment
- 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
MSR
1st Applicant
TMR
2nd Applicant
Eunice Nasieku (Winnie Stella Rains)
Child Subject Matter
Director of Immigration
Respondent/agency
Procedural Posture
Adoption Cause / Chamber Summons / Judgment on Application
Legal Issues
- 1 Whether the child should be presumed to be a Kenyan citizen by birth
- 2 Whether the Director of Immigration should be authorised to issue the child with a Kenyan passport
- 3 Whether the application merely cured a procedural omission in the prior judgment
Ratio Decidendi
The court found the application purely procedural and intended to seal a loophole left by the earlier judgment that had declared the child to be a Kenyan citizen by presumption; accordingly, the application had merit and was allowed as prayed.
Court Disposition
Application allowed.
Orders
- Eunice Nasieku, the child presently known as Winnie Stella Rains, is presumed to be a Kenyan citizen by birth.
- The Director of Immigration is authorised to issue the child with a Kenyan passport.
Full Case Text
Judgment text and source record
1 paragraphs
In re EN (Child) (Adoption Cause 154 of 2006) [2026] KEHC 6908 (KLR) (Family) (21 May 2026) (Judgment) Neutral citation: [2026] KEHC 6908 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause 154 of 2006 HK Chemitei, J May 21, 2026 IN THE MATTER OF EN (CHILD) In the matter of MSR 1st Applicant TMR 2nd Applicant Judgment 1.The chamber summons dated 16th February 2022 prays for the following orders:-(a)That Eunice Nasieku, the child subject matter of this cause presently known as Winnie Stella Rains be presumed to be a Kenyan citizen by birth.(b)That the Director of Immigration be authorised to issue the child with a Kenyan passport. 2.The application is based on the grounds thereof and the sworn affidavit of the Applicants dated the same date. 3.I have perused the said affidavit and in particular the judgement of Justice K H Rawal (as she then was) dated 26th September 2008 and the reasons for this application. 4.I think the application is fairly procedural and to seal a loophole left behind when the aforestated judgement was delivered that is declaring that the child was a Kenyan citizen by presumption. 5.In the premises I do find merit in the application and the same is hereby allowed as prayed with no order as to costs. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 21ST DAY OF MAY 2026.H K CHEMITEIJUDGE