https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12049
The court found that the supporting documents were in order, the guardian ad litem and Children Department process was complete and positive, and the Applicants had been orally interrogated and understood their roles and responsibilities. On that basis, the Originating Summons was allowed as prayed.
Source-derived case information.
- Citation
- [2026] KEHC 12049 (KLR)
- Parties
- 1st Applicant: JMM; 2nd Applicant: ANM; Minor: Baby EG; Proposed Legal Guardian: SWM
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E085 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Joint Adoption Application, Presumption of Birth in Kenya, Appointment of Legal Guardian, Children Department Report, Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMM
1st Applicant
ANM
2nd Applicant
Baby EG
Minor
SWM
Proposed Legal Guardian
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants met the requirements for adoption of Baby EG.
- 2 Whether the child should be presumed to have been born in Kenya.
- 3 Whether SWM should be appointed legal guardian of the child.
Ratio Decidendi
The court found that the supporting documents were in order, the guardian ad litem and Children Department process was complete and positive, and the Applicants had been orally interrogated and understood their roles and responsibilities. On that basis, the Originating Summons was allowed as prayed.
Court Disposition
Originating summons allowed.
Orders
- The Applicants are allowed to adopt Baby EG and the child shall henceforth be known as JNM.
- The Registrar General shall enter the adoption in the Register of Adoptions.
Full Case Text
Judgment text and source record
1 paragraphs
In re EG (Adoption Cause E085 of 2026) [2026] KEHC 12049 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 12049 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E085 of 2026 HK Chemitei, J July 30, 2026 IN THE MATTER OF BABY EG In the matter of JMM 1st Applicant ANM 2nd Applicant Judgment 1.By their Originating summons dated 26th March 2026 the Applicants are seeking the following orders, that:(a)They be allowed to adopt Baby EGand henceforth be known as JNM.(b)The Registrar General be directed to enter this adoption into the Register of Adoptions.(c)The minor be presumed to be born in kenya.(d)SWM be appointed as the legal guardian of the child. 2.The application is based on the joint statement and the affidavit in support of even date. 3.On 21st May 2026 the court appointed the guardian ad litem and directed the Children Department to prepare a report in respect of the child. The report dated 22nd June 2026 is on record and I find it to be positive. 4.The Court has equally perused the supporting documents on board and they are in order. 5.On 25th June 2026 the parties appeared online before this Court and they were orally interrogated. They all appreciated their roles and responsibilities. 6.In the premises the Originating summons is hereby allowed as prayed with no order as to costs. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY, 2026.H.K. CHEMITEIJUDGE, FCIArb.