https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6628
The court found, on the paper trail, the positive Children’s Services report, and oral interviews of the parties, that the Applicants appreciated their role and that the adoption would properly integrate the minor into their marriage; the Originating Summons was therefore allowed in full, including dispensation of...
Source-derived case information.
- Citation
- [2026] KEHC 6628 (KLR)
- Parties
- 1st Applicant: LLM; 2nd Applicant: DNB; Minor: TN; Legal Guardian: JN; Guardian Ad Litem: SKJ
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E288 of 2025
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Adoption of a Minor, Dispensing With Biological Father's Consent, Legal Guardianship, Parental Responsibility, Adopted Children Register, New Birth Certificate, Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LLM
1st Applicant
DNB
2nd Applicant
TN
Minor
JN
Legal Guardian
SKJ
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants met the legal requirements for adoption of the minor.
- 2 Whether the consent of the biological father should be dispensed with.
- 3 Whether the proposed adoption and ancillary orders should be granted.
Ratio Decidendi
The court found, on the paper trail, the positive Children’s Services report, and oral interviews of the parties, that the Applicants appreciated their role and that the adoption would properly integrate the minor into their marriage; the Originating Summons was therefore allowed in full, including dispensation of the biological father’s consent and all consequential orders.
Court Disposition
Originating Summons allowed.
Orders
- The report prepared by Kenya Children’s Home Adoption Society on declaration of the minor was deemed duly filed.
- The Applicants were authorised to adopt the minor.
Full Case Text
Judgment text and source record
1 paragraphs
In re TN (Minor) (Adoption Cause E288 of 2025) [2026] KEHC 6628 (KLR) (Family) (14 May 2026) (Judgment) Neutral citation: [2026] KEHC 6628 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E288 of 2025 HK Chemitei, J May 14, 2026 IN THE MATTER OF TN (MINOR) In the matter of LLM 1st Applicant DNB 2nd Applicant Judgment 1.In the Originating Summons dated 16th October 2025 the Applicants pray for orders that:(a)The report prepared by Kenya Children’s Home Adoption Society on the declaration of the minors be deemed duly filed.(b)The Applicants be authorised to adopt the minor and to be known as TN.(c)That upon such adoption the minor shall be known as TNM.(d)That the Applicants be granted full and actual legal custody over the minor as well as parental responsibility.(e)The Registrar General be directed to enter the adoption in the Adopted Children Register.(f)The Registrar of Births and Deaths and Civil Registration Department be authorized to issue new birth certificate.(g)That SKJ be appointed as legal guardian in the event of inability by the Applicants.(h)The consent of the biological father be dispensed with. 2.The application is based on the sworn affidavit of the Applicants, the statements thereof and all the annexed supporting documents. 3.This court on 16th October 2025 directed that a report be prepared in respect to the Applicants as well as the minor and appointed the guardian ad litem 4.The matter came up for hearing on 23rd April 2026 and all the parties were present except the minor who was said to be in school. 5.The court was able to interview them including the legal guardian as well as representative from the Children Department. 6.The Court also perused the report from the Department of Children’s Services dated 25th February 2026 which was positive. 7.In view of the paper trail on record and the court orally interviewing the parties and being satisfied that they appreciated their role it is my considered view that they should be allowed to integrate the minor legally into their marriage and enable her enjoy the benefits they desire for her. 8.The originating summons is allowed as prayed and JN is appointed legal guardian and SKJ is discharged as guardian ad litem. 9.Costs in the cause. DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 14TH DAY OF MAY 2026.H K CHEMITEIJUDGE