In re AH (Child) [2026] KEHC 3653 (KLR)
- Citation
- [2026] KEHC 3653 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- HK Chemitei
- Case number
- Adoption Cause E304 of 2025
- Language
- English
More details
- Court
- High Court
- Panel
- HK Chemitei
- Case number
- Adoption Cause E304 of 2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Originating Summons is meritorious where the Children's Department report is positive and detailed and the parties demonstrate appreciation of their parental duties, roles and responsibilities; accordingly the adoption and consequential orders are allowed without costs.
Court disposition
Originating Summons allowed with no orders as to costs
Orders
- Application (Originating Summons dated 22 October 2025) allowed
- No orders as to costs
- Guardian ad litem DO discharged
02
Material facts
Parties
EON
1st Applicant (adoptive Parent)JNN
2nd Applicant (adoptive Parent)Baby AH (to be renamed AMO)
Child Subject of AdoptionDO
Guardian Ad Litem (discharged)JWN
Proposed Legal Guardian in the Event of Incapacity of the Applicants03
Procedural history
Posture
Adoption Cause (originating Summons) Family / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Applicants should be permitted to adopt the child currently identified as Baby AH
- 02
Whether the child should be renamed and her date and place of birth declared
- 03
Whether the child should be presumed a Kenyan citizen by birth
- 04
Whether named persons should be appointed legal guardians in case of Applicants' incapacity
- 05
Whether consequential registration, certification and passport orders should issue
- 06
Whether the guardian ad litem should be discharged
Party arguments
- Applicant
- The Applicants, by Originating Summons dated 22 October 2025 and supporting statement and affidavits, sought adoption of the child, renaming, declaration of date and place of birth, presumption of Kenyan citizenship, guardianship appointment, registration and certification orders, passport issuance, and discharge of the guardian ad litem.
- Respondent
- No respondent argument is recorded in the judgment; the matter proceeded as an uncontested application supported by the Children's Department report.
05
Court’s reasoning
Legal principles
- 01
Judgment of HK Chemitei, J, paragraphs 4-6
Adoption orders are granted where the Children's Department report is positive and the parties appreciate their roles and responsibilities, establishing the application is meritorious.
- 02
Judgment of HK Chemitei, J, paragraph 5
Court may interview parties online to assess their understanding of duties, roles and responsibilities in adoption proceedings.
06
Ratio, limits and disposition
Ratio decidendi
The Originating Summons is meritorious where the Children's Department report is positive and detailed and the parties demonstrate appreciation of their parental duties, roles and responsibilities; accordingly the adoption and consequential orders are allowed without costs.
Court disposition
Originating Summons allowed with no orders as to costs
- Application (Originating Summons dated 22 October 2025) allowed
- No orders as to costs
- Guardian ad litem DO discharged
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
In re AH (Child) (Adoption Cause E304 of 2025) [2026] KEHC 3653 (KLR) (Family) (19 March 2026) (Judgment) Neutral citation: [2026] KEHC 3653 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E304 of 2025 HK Chemitei, J March 19, 2026
IN THE MATTER OF ADOPTION OF BABY AH In the matter of EON 1 st Applicant JNN 2 nd Applicant Judgment 1. In their Originating Summons dated 22 nd October 2025 the Applicants are seeking orders:- (a) That EON and JNN be allowed to adopt the child currently identified as Baby AH. (b) That henceforth the child shall be renamed AMO. (c) That the child’s date and place of birth be declared to be 6 th October 2023 at Vebeneza medical center Nairobi County. (d) That the child be presumed to be a Kenyan citizen by birth and consequently entitled to all the rights and benefits in respect thereof. (e) That JWN and JNN be appointed as the legal guardians of the child in the event that the Applicants herein are incapacitated or in any way unable to discharge their parental responsibilities. (f) That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register and issue a certificate to that effect. (g) That the relevant department under the civil registration services be directed to issue a post adoption certificate of birth in respect of the child. (h) That the Directorate of Immigration services be directed to issue a passport to the child. (i) That the guardian ad litem be discharged.
2. The application is based on the grounds thereof and the statement as well as the affidavits of even date.
3. The court on 13 th November 2025 appointed the guardian ad litem and directed that a report be prepared by the children’s department.
4. The report dated 19 th January 2026 and filed in court on 22 nd January 2026 is positive and detailed enough.
5. The court was able to see and interview the parties online on 22 nd January 2026 and they all appreciated their duties, roles and responsibilities.
6. In the premises I do find the Originating summons meritorious and I allow the same with no orders as to costs.
7. DO is hereby discharged as guardian ad litem. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 19 TH DAY OF MARCH 2026.
H K CHEMITEI
JUDGE
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