[2025] KEHC 10520 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption, including the preparation of a positive report by the Department of Children’s Services and the absence of any objection from relevant agencies or parties. The court was satisfied that the adoption was in the best interests...
Source-derived case information.
- Citation
- [2025] KEHC 10520 (KLR)
- Parties
- Applicant: FMO; Respondent: NWO; Respondent: RKGO (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E165 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed as prayed
- Judges
- HK Chemitei
- Legal Topics
- Adoption of Minors, Appointment of Legal Guardian, Presumption of Birthplace
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FMO
Applicant
NWO
Respondent
RKGO (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorised to adopt RKGO (minor).
- 2 Whether NWO should be appointed as the legal guardian of the child.
- 3 Whether the child should be presumed to be born in Kenya.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption, including the preparation of a positive report by the Department of Children’s Services and the absence of any objection from relevant agencies or parties. The court was satisfied that the adoption was in the best interests of the minor, that the proposed legal guardian was suitable, and that the child should be presumed to have been born in Kenya. Accordingly, the application was allowed as prayed.
Court Disposition
application allowed as prayed
Orders
- The applicant is authorised to adopt RKGO (minor), who shall be known as RKG.
- The Registrar General is directed to enter this adoption into the Register of Adoptions.
Full Case Text
Judgment text and source record
22 paragraphs
In re RKGO (Minor) (Adoption Cause E165 of 2024) [2025] KEHC 10520 (KLR) (Family) (17 July 2025) (Judgment)
Neutral citation: [2025] KEHC 10520 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E165 of 2024
HK Chemitei, J
July 17, 2025
IN THE MATTER OF RKGO (MINOR)
In the matter of
FMO
Applicant
Judgment
1. In her Originating Summons dated 9th August 2024 the Applicant prays for orders that:-(a)The Applicant be authorised to adopt RKG Onyango a minor who is to be known as RKG and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)NWO be appointed as the legal guardian of the child.(c)The child be presumed to be born in Kenya
2. The application is premised on the statement of the Applicant as well as the affidavits on record.
3. The court on 27th March 2025 directed the Department of Children’s Services to prepare a report which they did and is dated 1st March 2023. The same is comprehensive and positive.
4. The parties appeared online in court on 26th June 2025 except the minor who was in school doing exams.
5. All of them when interviewed online understood their respective roles and were ready to adhere to it.
6. Based on the paper trail from various agencies on record which all indicate no objection to the request I find the application merited and the same is allowed as prayed.
7. PMS is hereby discharged as guardian ad litem.
8. Costs in the cause,
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 17THDAY OF JULY 2025. H K CHEMITEIJUDGE