[2025] KEHC 8588 (KLR)
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, 2022. The Children’s Department report was positive, and the applicant demonstrated the capacity to provide for the child’s welfare. The court was able to interview the applicant, the child, and the proposed...
Source-derived case information.
- Citation
- [2025] KEHC 8588 (KLR)
- Parties
- Applicant: MWG; Respondent: Baby MGD (to be known as MGWW)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E179 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MWG
Applicant
Baby MGD (to be known as MGWW)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt Baby MGD.
- 2 Whether it is in the best interests of the child to grant the adoption order.
- 3 Whether the appointment of a legal guardian is appropriate.
Ratio Decidendi
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act, 2022. The Children’s Department report was positive, and the applicant demonstrated the capacity to provide for the child’s welfare. The court was able to interview the applicant, the child, and the proposed legal guardian via video link and was satisfied with their responses. The adoption was deemed to be in the best interests of the child, and the appointment of a legal guardian was appropriate. The court therefore allowed the application, granted the adoption order, appointed the legal guardian, and discharged the guardian ad litem.
Court Disposition
application allowed
Orders
- The applicant MWG is allowed to adopt Baby MGD, who shall henceforth be called MGWW.
- The Registrar General is directed to register the adoption in the Adoption Register.
Full Case Text
Judgment text and source record
20 paragraphs
In re Baby MGD (Adoption Cause E179 of 2023) [2025] KEHC 8588 (KLR) (Family) (19 June 2025) (Judgment)
Neutral citation: [2025] KEHC 8588 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E179 of 2023
HK Chemitei, J
June 19, 2025
IN THE MATTER OF BABY MGD
In the matter of
MWG
Applicant
Judgment
1. In her Originating Summons dated 15th September 2023 the Applicant seeks orders that:-(a)The Applicant be authorised to adopt Baby MGD a child who is to be known as MGWW and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That MGW be appointed as the legal guardian of the child.
2. The application is supported by the statement in support as well as the affidavit dated the same date.
3. When the matter came up for hearing of the chamber summons application dated 15th September 2023 on 3rd October 2024 the court allowed it and directed that the Children’s Department prepares a report.
4. The report dated 14th May 2025 is on record and is positive towards the Applicant.
5. Both the Applicant and the minor as well as the proposed legal guardian appeared online via a video link and the court was able to see and interview them
6. In view of the satisfying legal requirements and the paper trail on record the Originating summons herein is allowed as follows:-(a)The Applicant MWG is hereby allowed to adopt baby MGD who shall henceforth be called MGWW and the Registrar General is hereby directed to register the same in the Adoption Register.(b)MGW is hereby appointed as a legal guardian to the child.(c)CNM is discharged as guardian ad litem to the child.(d)Costs in the cause.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 19THDAY OF JUNE 2025. H K CHEMITEIJUDGE