https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12048
The Court, having considered the Children Services report, the guardian ad litem report, the paper trail, and its interview with the parties and the minor, was satisfied that the Originating Summons met the requirements for adoption and therefore allowed the prayers sought, including appointment of legal guardians...
Source-derived case information.
- Citation
- [2026] KEHC 12048 (KLR)
- Parties
- 1st Applicant: BNN; 2nd Applicant: CMN; Minor / Subject of the Adoption Cause: Baby Gift Otieno; Proposed Legal Guardian: AMN; Proposed Legal Guardian: FNM; Guardian Ad Litem: LKK
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E066 of 2026
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Originating Summons allowed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Intercountry/national Adoption, Appointment of Legal Guardians, Guardian Ad Litem Discharge, Presumption of Birth in Kenya
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BNN
1st Applicant
CMN
2nd Applicant
Baby Gift Otieno
Minor / Subject of the Adoption Cause
AMN
Proposed Legal Guardian
FNM
Proposed Legal Guardian
LKK
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the Applicants met the legal requirements for an adoption order.
- 2 Whether the Court should direct the Registrar General to register the adoption.
- 3 Whether the child should be presumed born in Kenya.
Ratio Decidendi
The Court, having considered the Children Services report, the guardian ad litem report, the paper trail, and its interview with the parties and the minor, was satisfied that the Originating Summons met the requirements for adoption and therefore allowed the prayers sought, including appointment of legal guardians and discharge of the guardian ad litem.
Court Disposition
Originating Summons allowed.
Orders
- Applicants authorised to adopt Baby Gift Otieno, who shall henceforth be called GMN.
- The Registrar General directed to enter the adoption in the Register of Adoptions.
Full Case Text
Judgment text and source record
1 paragraphs
In re GO (Adoption Cause E066 of 2026) [2026] KEHC 12048 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12048 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E066 of 2026 HK Chemitei, J July 30, 2026 In the matter of BNN 1st Applicant CMN 2nd Applicant Judgment 1.In their Originating Summons dated 30th March 2026 the Applicants are seeking the following orders:(a)That the Applicants be authorised to adopt Baby Gift Otieno, a minor who shall henceforth be called GMN.(b)The Registrar General be directed to enter this adoption in the Register of Adoptions.(c)The child be presumed to be born in Kenya.(d)That AMN and FNM be appointed as the legal guardians of the child. 2.The application is based on the grounds on the face of it as well as the statements of the Applicant’s dated the same date and the supporting affidavits. 3.The matter came before Court on 21st May 2026 when the Court directed that a report be made by the director of Children Services as well as appointed LKK as the guardian ad litem. 4.The report dated 25th June 2026 by the said Children’s Department Makueni County has been presented before the Court. 5.I have perused the same and I’m satisfied with the contents. I have also perused the paper trail on record and I find them acceptable. 6.The parties also appeared before Court albeit online on 25th June 2026 together with the minor and the legal guardians and the Court was able to interview them. They all understood their roles and responsibilities. 7.Having heard the parties and perused the supporting documents on record the Court is satisfied that the Originating Summons is merited. 8.Consequently, the same is hereby allowed as prayed and LKK is hereby discharged as guardian ad litem. 9.Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY, 2026.H.K. CHEMITEIJUDGE, FCIArb.