https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8491
The Court found the application merited because the documentary record from relevant agencies, the Children Department report, the online appearance of the parties, and the Court's oral interview all supported the adoption, so the originating summons was allowed with consequential orders.
Source-derived case information.
- Citation
- [2026] KEHC 8491 (KLR)
- Parties
- 1st Applicant: AD; 2nd Applicant: NS; Subject Minor: TOL (Minor); Proposed Legal Guardian: BDM; Guardian Ad Litem: EMM
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E053 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Allowed
- Judges
- ["HK Chemitei"]
- Legal Topics
- Minor Adoption, Guardian Ad Litem Discharge, Adoption Register Entry, Presumption of Kenyan Birth, Court Approval of Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AD
1st Applicant
NS
2nd Applicant
TOL (Minor)
Subject Minor
BDM
Proposed Legal Guardian
EMM
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants satisfied the legal requirements for adoption of the minor.
- 2 Whether the Court should authorize the adoption and ancillary orders sought.
- 3 Whether the guardian ad litem should be discharged.
Ratio Decidendi
The Court found the application merited because the documentary record from relevant agencies, the Children Department report, the online appearance of the parties, and the Court's oral interview all supported the adoption, so the originating summons was allowed with consequential orders.
Court Disposition
Allowed
Orders
- The Applicants are authorised to adopt TOL, and the child shall henceforth be called TOL.
- The Registrar General shall enter the adoption in the Adoption Register.
Full Case Text
Judgment text and source record
1 paragraphs
In re TOL (Minor) (Adoption Cause E053 of 2026) [2026] KEHC 8491 (KLR) (Family) (18 June 2026) (Judgment) Neutral citation: [2026] KEHC 8491 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E053 of 2026 HK Chemitei, J June 18, 2026 IN THE MATTER OF TOL (MINOR) In the matter of AD 1st Applicant NS 2nd Applicant Judgment 1.In the Originating Summons dated 13th March 2026 the Applicant seeks orders that:(a)The Applicants be authorised to adopt TOL a minor and the minor to be henceforth called TOL.(b)The Registrar General be directed to enter this adoption in the Adoption Register.(c)The minor to be presumed to be born in Kenya.(d)That BDM be appointed as the legal guardian of the child. 2.The application is based on the grounds thereof and the statements in support and the affidavits of the Applicants dated 13th March 2026. 3.The parties appeared before Court online on 14th May 2026 and the Court was able to interview them and they all appreciated their respective roles. 4.The Court has perused the report from the Children Department dated 11th May 2026 as well as the other supporting documents and they are all satisfactory 5.In the premises and based on the paper trail herein from various agencies and the party’s online appearance and the oral interview by the Court I do find merit in the originating summons. 6.The same is hereby allowed and EMM is discharged as guardian ad litem. 7.Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 18TH DAY OF JUNE 2026.H K CHEMITEIJUDGE, FCIArb.