In re MM & SG (Minors) [2025] KEHC 7509 (KLR)
- Citation
- [2025] KEHC 7509 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- SM Githinji
- Case number
- Adoption Cause E005 of 2023
- Language
- English
More details
- Court
- High Court
- Panel
- SM Githinji
- Case number
- Adoption Cause E005 of 2023
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant, as the minors' maternal uncle, satisfied all statutory requirements for adoption under the Children Act 2022. The applicant demonstrated a longstanding commitment to the minors' welfare, and the biological mother consented to the adoption. The biological father's consent was not required due to his absence, as provided by law. The minors, being over 10 years old, gave their oral consent in court. The Sub-County Children’s Officer recommended the adoption, and the court was satisfied that the adoption would serve the best interests of the children, including their welfare, stability, and future opportunities. The court also appointed legal guardians for the minors in the event of any adverse eventuality affecting the applicant. Accordingly, the court granted the adoption and related orders as sought in the application.
Court disposition
Adoption granted; all prayers in the amended originating summons allowed.
Orders
- The applicant GGM is authorized to adopt minors MM and SG.
- Upon adoption, the children shall be known as MMM and SGM respectively.
- The Registrar General is directed to enter this adoption into the register of adoptions.
- The children shall be presumed to be Kenyan citizens and accorded all rights of immigration accruing to Kenyan citizens.
- The Director of Immigration Services shall issue the children with Kenyan passports upon application.
- The requirement for the biological father's consent is waived.
- PWM and MWM are appointed as legal guardians of the minors.
02
Material facts
Parties
GGM
Applicant Counsel: Miss. GitauMM
RespondentSG
Respondent03
Procedural history
Posture
Adoption Cause / Judgment
04
Questions and positions
Legal issues
- 01
Whether the applicant meets the legal requirements for adoption under the Children Act 2022.
- 02
Whether the consent of the biological father is necessary or can be dispensed with.
- 03
Whether the adoption is in the best interests of the minors.
Party arguments
- Applicant
- The applicant, a Kenyan citizen and the minors' maternal uncle, has cared for the children since infancy, providing for their financial and social needs. The biological mother has consented to the adoption, and the applicant seeks to formalize the relationship to provide better opportunities for the minors. The applicant requests that the court dispense with the biological father's consent due to his prolonged absence.
- Respondent
- The minors, both over 10 years old, have orally consented to the adoption in court. The Sub-County Children’s Officer supports the adoption, and the biological mother has provided written consent. No objection has been raised by any party.
05
Court’s reasoning
Legal principles
- 01
Sections 186-201, Children Act 2022
The court must ascertain the suitability of the adoptive parent and ensure the adoption is in the best interests of the child.
- 02
Section 187(1)(a), Children Act 2022
Consent of the biological parent may be dispensed with if the parent has been absent from the child's life.
- 03
Section 193, Children Act 2022
Kinship adoption is permissible where the applicant is a relative of the child.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant, as the minors' maternal uncle, satisfied all statutory requirements for adoption under the Children Act 2022. The applicant demonstrated a longstanding commitment to the minors' welfare, and the biological mother consented to the adoption. The biological father's consent was not required due to his absence, as provided by law. The minors, being over 10 years old, gave their oral consent in court. The Sub-County Children’s Officer recommended the adoption, and the court was satisfied that the adoption would serve the best interests of the children, including their welfare, stability, and future opportunities. The court also appointed legal guardians for the minors in the event of any adverse eventuality affecting the applicant. Accordingly, the court granted the adoption and related orders as sought in the application.
Obiter and limits
- The court notes the importance of kinship adoption in preserving familial bonds and providing stability for children.
- The willingness of the minors to relocate and their bond with the applicant were significant factors in the court's determination.
Court disposition
Adoption granted; all prayers in the amended originating summons allowed.
- The applicant GGM is authorized to adopt minors MM and SG.
- Upon adoption, the children shall be known as MMM and SGM respectively.
- The Registrar General is directed to enter this adoption into the register of adoptions.
- The children shall be presumed to be Kenyan citizens and accorded all rights of immigration accruing to Kenyan citizens.
- The Director of Immigration Services shall issue the children with Kenyan passports upon application.
- The requirement for the biological father's consent is waived.
- PWM and MWM are appointed as legal guardians of the minors.
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 MM & SG (Minors) (Adoption Cause E005 of 2023) [2025] KEHC 7509 (KLR) (28 May 2025) (Judgment)
Neutral citation: [2025] KEHC 7509 (KLR)
Republic of Kenya
In the High Court at Meru
Adoption Cause E005 of 2023
SM Githinji, J
May 28, 2025
IN THE MATTER OF THE CHILDREN ACT 2022
IN THE MATTER OF MM AND SG
IN THE MATTER OF APPLICATION FOR ADOPTION BY GGM
Judgment
1. By Amended Originating Summons dated 29th October, 2024, pursuant to Sections 186 and 188 of the Children Act, Section 24 of the Interpretations, General Provisions Act, Section 3A of the Civil Procedure Act and Order 8 Rule 3 of the Civil Procedure Rules, the applicant seeks that:1. Spent2. The applicant GGM be authorized to adopt minors MM and SG.3. Upon adoption, the children be known as MMM and SGM respectively.4. The Registrar General be directed to enter this adoption into the register of adoptions.5. The children shall be presumed to be Kenyan citizen and be accorded all rights of immigration that accrue to Kenyan citizens.6. The Director of Immigration Services do issue the children MM and SG with a Kenyan passport upon application.7. The Court waive the requirement to have the biological father of the children consent to the adoption.
2. The applicant who is Kenyan citizen by birth was born on 23/8/1957 and he has his residence in Meru, though he currently resides in North Carolina, United State of America. He is a self-employed medical care giver, who does not have any child of his own and the minors herein are his nephew and niece respectively. Their biological mother has consented to the adoption but the consent of their biological father has not been sought because he has been absent from the minors’ lives since infancy. The Applicant has been taking care of the minors’ financial and social needs since infancy and desires to give them better education and life opportunities. The minors were declared free for adoption by Change Trust and the adoptive parent has equally been declared medically fit to adopt them. He has appointed PWM and MWM to be the Legal Guardians of the minors, in the event of any unfavourable eventuality befalling him.
3. The Sub-County Children’s Officer, Imenti North filed his report dated 29/10/2024 recommending the adoption of the minors by the applicant.
4. The children who are over 10 years old have given oral consent in court to the adoption.
Disposition 5. I have considered the application for adoption in accordance with Sections 186 to 201 of the Children Act 2022. The suitability of the adoptive parent in accordance with section 186 of the Children Act has been ascertained. The applicant is a relative to the minors by virtue of being their maternal uncle and thus a Kinship order of adoption can be made in his favour pursuant to section 193 of the Children Act. The biological mother has consented to the adoption while the consent of the absentee biological father is accordingly dispensed with pursuant to section 187 (1) (a) of the Children Act.
6. I find that the adoption is in the best interest of the minors, who have completely bonded with the adoptive parent and are eager to relocate with him to the United States of America.
7. Having complied with the provisions of section 194 of the Children Act, I allow the prayers in the amended originating summons dated 29/10/2024.
8. Further, I appoint PWM and MWM to be the Legal Guardians of the minors herein.
DATED AND DELIVERED AT MERU THIS 28TH MAY, 2025S.M. GITHINJIJUDGEAppearancesMr. Joseph Mburu - children.Miss. Gitau for the Applicant.
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