[2025] KEHC 9621 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Adoption Act, including suitability, capacity, and the best interests of the child. The Children’s Department report and the court’s own interviews confirmed the applicants’ understanding of their responsibilities and...
Source-derived case information.
- Citation
- [2025] KEHC 9621 (KLR)
- Parties
- Applicant: EWW; Applicant: JNM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E180 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Citizenship, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EWW
Applicant
JNM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Adoption Act.
- 2 Whether the child should be declared a Kenyan citizen by birth and entitled to related rights.
- 3 Whether the proposed legal guardians are suitable in the event the applicants cannot discharge parental responsibilities.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Adoption Act, including suitability, capacity, and the best interests of the child. The Children’s Department report and the court’s own interviews confirmed the applicants’ understanding of their responsibilities and the suitability of the proposed legal guardians. The court was satisfied that the adoption would serve the welfare and best interests of the child, including the grant of Kenyan citizenship by birth and the issuance of relevant documentation. Accordingly, the court allowed the application and made the necessary orders as sought.
Court Disposition
application allowed
Orders
- The applicants are authorized to adopt Baby AC aka SJM, who shall henceforth be known as TSW.
- The child’s place and date of birth are declared to be 30th October 2022 at Ruiru Level 4 Hospital, Kiambu County.
Full Case Text
Judgment text and source record
25 paragraphs
In re Baby AC aka SJM (Adoption Cause E180 of 2024) [2025] KEHC 9621 (KLR) (Family) (3 July 2025) (Judgment)
Neutral citation: [2025] KEHC 9621 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E180 of 2024
HK Chemitei, J
July 3, 2025
IN THE MATTER OF BABY AC aka SJM
In the matter of
EWW
1st Applicant
JNM
2nd Applicant
Judgment
1. In their Originating Summons dated 24th August 2024 the Applicant’s seeks orders that:-(a)They be allowed to adopt Baby AC a.k.a SJM and the child be henceforth named as TSW.(b)The child’s place and date of birth be declared to be 30th October 2022 at Ruiru level 4 hospital in Kiambu county.(c)The child be presumed to be a Kenyan citizen by birth and consequently be entitled to all the rights and benefits in respect thereof including issuance of a post adoption certificate of birth and a passport.(d)AMW and EMM be appointed as joint legal guardians of the child in the event that the Applicants are unable to discharge their parental responsibilities.(e)The Registrar General be directed to make appropriate entries in the Adoption Children’s Register and issue a certificate to that effect.(f)The guardian ad litem be discharged.
2. The application is based on the statements and affidavit in support of the application.
3. When the matter came up on 17th October 2024 the court directed that a report be prepared by the Children’s Department.
4. The same dated 20th December 2024 and filed on 6th January 2025 is on record.
5. The parties including the intended legal guardians as well as the minor appeared in court online on 5th June 2025 and the court was able to interview them.
6. They all were conversant with their various responsibilities and obligations.
7. The court has equally perused the paper trail on record and it is satisfied that the applicants have met all the requirements as per the Adoption Act.
8. Consequently, the Originating Summons herein is allowed with no order as to costs.
9. DAO is hereby discharged as the guardian ad litem.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 3RDOF JULY 2025. H K CHEMITEIJUDGE