https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11834
The court was satisfied from the paper trail, the Children’s Department report, and the interviews with the parties that the kinship adoption was proper, and therefore allowed the Originating Summons, granted the adoption-related orders, and discharged the guardian ad litem.
Source-derived case information.
- Citation
- [2026] KEHC 11834 (KLR)
- Parties
- 1st Applicant: BGMH; 2nd Applicant: MAH; Minor: NKM; Proposed Legal Guardian: BOO; Proposed Legal Guardian: MAA; Proposed Legal Guardian: JMH; Guardian Ad Litem: LAM
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E099 of 2026
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Originating Summons allowed
- Judges
- ["HK Chemitei"]
- Legal Topics
- Kinship Adoption, Appointment of Legal Guardians, Presumption of Kenyan Birth, Discharge of Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BGMH
1st Applicant
MAH
2nd Applicant
NKM
Minor
BOO
Proposed Legal Guardian
MAA
Proposed Legal Guardian
JMH
Proposed Legal Guardian
LAM
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the applicants met the requirements for adoption of the minor
- 2 Whether the proposed legal guardians should be appointed
- 3 Whether the child should be presumed to have been born in Kenya
Ratio Decidendi
The court was satisfied from the paper trail, the Children’s Department report, and the interviews with the parties that the kinship adoption was proper, and therefore allowed the Originating Summons, granted the adoption-related orders, and discharged the guardian ad litem.
Court Disposition
Originating Summons allowed
Orders
- The applicants were authorised to adopt NKM, who shall be known as NKFH.
- The Registrar General was directed to enter the adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
1 paragraphs
In re NKM (A Minor) (Adoption Cause E099 of 2026) [2026] KEHC 11834 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 11834 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E099 of 2026 HK Chemitei, J July 30, 2026 IN THE MATTER OF NKM (A MINOR) In the matter of BGMH 1st Applicant MAH 2nd Applicant Judgment 1.In the Originating Summons dated 22nd May 2026 the Applicants are seeking the following orders:(a)That they be authorised to adopt NKM a minor who is to be known as NKFH and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That BOO, MAA and JMH be appointed as the legal guardians of the minor.(c)That the child be presumed to have been born in Kenya. 2.The application is based on the grounds thereof and the statements by the Applicants of even date together with the affidavits in support. 3.When the matter came before the Court on 4th June 2026, I directed that a report be prepared by the Children’s Department. 4.The said report dated 22nd June 2026 is on record and I have perused the same extensively. 5.On 25th June 2026 all the parties attended Court including the minor as well as the legal guardians, albeit online. 6.They were interviewed by the Court and they appreciated their roles. 7.The Court is also satisfied with the paper trail on record and the fact that the same is a kinship adoption. 8.In the premises the Originating Summons is hereby allowed and LAM 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.