[2025] KEHC 10538 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the provision of a positive report from the Children’s Department. The court was satisfied that the applicant was suitable to adopt the minor and that the adoption would serve the best interests of the child....
Source-derived case information.
- Citation
- [2025] KEHC 10538 (KLR)
- Parties
- Applicant: BWM; Respondent: JMN (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E153 of 2025
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed as prayed. No order as to costs.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Legal Guardianship, Citizenship of Adopted Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BWM
Applicant
JMN (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant is suitable to adopt Baby JMN.
- 2 Whether the adoption is in the best interests of the minor.
- 3 Whether the legal requirements for adoption under Kenyan law have been satisfied.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the provision of a positive report from the Children’s Department. The court was satisfied that the applicant was suitable to adopt the minor and that the adoption would serve the best interests of the child. Consequently, the court allowed the application as prayed, authorized the adoption, directed the Registrar General to make the necessary entries, appointed CNK as legal guardian, and discharged the guardian ad litem.
Court Disposition
Originating Summons allowed as prayed. No order as to costs.
Orders
- The applicant is authorized to adopt Baby JMN, who shall be known as JMN.
- The Registrar General is ordered to make appropriate entries in the Adopted Children’s Register in respect of JMN.
Full Case Text
Judgment text and source record
21 paragraphs
In re JMN (Minor) (Adoption Cause E153 of 2025) [2025] KEHC 10538 (KLR) (Family) (17 July 2025) (Judgment)
Neutral citation: [2025] KEHC 10538 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E153 of 2025
HK Chemitei, J
July 17, 2025
IN THE MATTER OF JMN (MINOR)
In the matter of
BWM
Applicant
Judgment
1. The Applicants Originating Summons dated 13th June 2025 seeks the following orders:-(a)That the Applicant be authorised to adopt Baby JMN and upon adoption the child be known as JMN.(b)That the Registrar General be ordered to make appropriate entries in the Adopted Children’s Register in respect of JMN.(c)That the court be pleased to appoint CNK as the legal guardian of JMN upon granting the adoption orders.(d)That Baby JMN be considered a Kenya citizen.
2. The application is premised on the statement in support as well as the Applicant’s affidavits on record.
3. The court on 19th June 2025 directed that a report be made by the Children’s Department in respect to the applicant and this cause.
4. The said report dated 1st June 2025 is on record and the same is positive.
5. The court has perused the same as well as the entire paper trail on record and is satisfied that the applicant based on the history of the matter is suitable to adopt the minor.
6. In the premises the Originating Summons is hereby allowed as prayed with no order as to costs.
7. JWM is hereby discharged as guardian ad litem.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 17TH DAY OF JULY 2025. H K CHEMITEIJUDGE