[2025] KEHC 9622 (KLR)
The court found that the applicant, MMK, had satisfied all legal requirements for adoption under the Children’s Act 2022, including the best interests of the child principle. The Director of Children’s Services provided a positive report, and the applicant demonstrated understanding of the responsibilities of...
Source-derived case information.
- Citation
- [2025] KEHC 9622 (KLR)
- Parties
- Applicant: MMK; Respondent: MM (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E018 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating summons allowed as prayed; adoption granted.
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Citizenship of Minors, Guardianship Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMK
Applicant
MM (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether MMK should be authorized to adopt MM (Minor).
- 2 Whether MM should be declared a Kenyan citizen.
- 3 Whether MMK should be declared the guardian of MM.
Ratio Decidendi
The court found that the applicant, MMK, had satisfied all legal requirements for adoption under the Children’s Act 2022, including the best interests of the child principle. The Director of Children’s Services provided a positive report, and the applicant demonstrated understanding of the responsibilities of adoption and guardianship. There were no objections, and the process was conducted transparently, including oral interviews. The court therefore allowed the originating summons as prayed, granting the adoption, declaring MM a Kenyan citizen, appointing MMK as guardian, and directing the Registrar General to make the necessary entries. The guardian ad litem was discharged, and no...
Court Disposition
Originating summons allowed as prayed; adoption granted.
Orders
- MM is declared a Kenyan citizen.
- MMK is authorized to adopt MM (Minor).
Full Case Text
Judgment text and source record
20 paragraphs
In re MM (Minor) (Adoption Cause E018 of 2023) [2025] KEHC 9622 (KLR) (Family) (3 July 2025) (Judgment)
Neutral citation: [2025] KEHC 9622 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E018 of 2023
HK Chemitei, J
July 3, 2025
IN THE MATTER OF MM (MINOR)
In the matter of
MMK
Applicant
Judgment
1. In her Originating Summons dated 19th December 2022 the Applicant seeks orders that:-(a)This court declares MM a Kenyan citizen.(b)MMK be authorised to adopt the minor.(c)MMK be declared the guardian of MM.(d)The Registrar General makes appropriate entries in the adoption register.
2. The application came before this court on 23rd March 2023 where the court directed the Director of Children’s Services to investigate and prepare a report in respect to this cause.
3. The report dated 28th January 2025 before court is positive. The court notes the provisions of Section 184(3) of the Children’s Act 2022.
4. At the same time on 5th June 2025 the parties appeared before the court online and they were each interviewed orally. They each appreciated their role and responsibilities.
5. In the premises and based on the available paper trail on board the originating summons is hereby allowed as prayed with no order as to costs.
6. Joseph Mutua Kinyoli is hereby discharged from being the guardian ad litem.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 3RDDAY OF JULY 2025. H K CHEMITEIJUDGE