https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6585

In re Adoption of NM aka MM (Child) (Adoption Cause E001 of 2025) [2026] KEHC 6585 (KLR) (12 May 2026) (Ruling) Neutral citation: [2026] KEHC 6585 (KLR) Republic of Kenya In the High Court at Voi Adoption Cause E001 of 2025 AN Ongeri, J May 12, 2026 IN THE MATTER OF: THE CHILDREN ACT 2022 AND IN THE MATTER OF: AN APPLICATION FOR ORDERS OF ADOPTION OF NM aka MM (CHILD) BY MM AND VMM Between MM 1st Applicant VMM 2nd Applicant and Child Welfare Society of Kenya Respondent Ruling 1.The application coming for consideration in this Ruling is the one dated 20th March 2026 brought under Sections 1A, 1B, 3A and 99 of the Civil Procedure Act, Orders 45, 51 Rule 1, and 51 Rule 3 of the Civil Procedure Rules and all other enabling provisions of the law seeking the following orders:-i.That this Honourable Court be pleased to rectify and/or correct the judgment delivered on 19th December 2025 in respect of the minor herein.ii.That this Honourable Court be pleased to correct the minor’s date of birth appearing in the said Judgment/Orders at paragraph (iv) from 18th May 2014 to 25th April 2014.iii.That the rectification do issue pursuant to Section 99 of the Civil Procedure Act, the error and/or omission being clerical, accidental and apparent on the face of the record.iv.That the costs of this application be provided for. 2.The application is based on the following grounds:-i.That the Honourable Court delivered its judgment allowing the adoption on the 19th day of December 2025.ii.That there is an error apparent on the face of the record in the said judgment and/or orders regarding the minor’s date of birth.iii.That the minor’s correct date of birth is 25th April 2014 but the court erroneously recorded it as 18th May 2014.iv.That the error is clerical and/or accidental and falls within the ambit of Section 99 of the Civil Procedure Act.v.That it is in the best interests of the child that the correct particulars be reflected in the court record and adoption orders.vi.That no prejudice will be occasioned to any party if the orders sought are granted. 3.The application is supported by the affidavit of the 1st Applicant in which he deposed as follows:-i.That we are the joint applicants in this matter hence competent to swear this affidavit.ii.That the Honourable Court delivered its Judgment in this adoption cause on the 19th day of December 2025 allowing the adoption of the minor herein.iii.That I have read the said judgment and noted an error in the minor’s date of birth as captured therein.iv.That at paragraph (iv) of the Judgment/Orders, the minor’s date of birth is states as 18th May 2014.v.That the correct date of birth of the minor is 25th April 2014.vi.That the said error is apparent on the face of the record and arose from an accidental slip or omission.vii.That it is necessary for this Honourable Court to correct the said error to ensure that all adoption records and consequential documents reflect the correct particulars of the minor.viii.That this application is made in good faith and in the best interests of the child. 4.Upon reviewing the application dated 20th March 2026, I find it to be meritorious. 5.The applicants have pointed out an error apparent on the face of the record in this court’s judgment delivered on 19th December 2025, specifically that the minor’s date of birth was erroneously recorded as 18th May 2014 instead of the correct date, 25th April 2014. This is a classic instance of a clerical or accidental mistake. 6.Section 99 of the Civil Procedure Act (Cap 21) provides the court with the express authority to correct such errors, stating that “clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court either of its own motion or on the application of any of the parties.” 7.Furthermore, in matters concerning children, the court is guided by the overriding principle of the best interests of the child as enshrined in Article 53(2) of the Constitution and Section 8 of the Children Act, 2022. 8.It is manifestly in the best interests of the minor for all official records, including the adoption order, to reflect his correct and accurate personal particulars. 9.The proposed correction does not alter the substantive findings or the disposition of the adoption decree but merely corrects an accidental slip, no prejudice will be occasioned to any party. 10.Consequently, I grant the application as follows;i.That the judgment and adoption orders delivered on 19th December 2025 are hereby corrected under Section 99 of the Civil Procedure Act.ii.That the minor’s date of birth appearing in paragraph (iv) of the said judgment/orders is rectified from 18th May 2014 to read 25th April 2014.iii.That there shall be no order as to costs. 11.Orders to issue accordingly. DATED, SIGNED AND DELIVERED THIS 12TH DAY OF MAY 2026 VIRTUALLY AT VOI HIGH COURT.A. N. ONGERIJUDGEIn the presence of:Court Assistant; MillicentApplicants present VirtuallyNo appearance for the Respondent