https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6072
The court was satisfied, on the affidavits, reports, and oral interview of the parties including the biological mother, that the adoption application had merit and met the legal threshold; it therefore allowed the Originating Summons in full and granted the consequential orders.
Source-derived case information.
- Citation
- [2026] KEHC 6072 (KLR)
- Parties
- 1st Applicant: IMM; 2nd Applicant: MHK
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E282 of 2025
- Procedural Posture
- Adoption Cause / Judgment on Originating Summons
- Outcome
- Originating Summons allowed
- Judges
- ["HK Chemitei"]
- Legal Topics
- In Loco Parentis, Child Adoption, Citizenship by Birth, Guardian Ad Litem, Adopted Children Register, Passport Issuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IMM
1st Applicant
MHK
2nd Applicant
Procedural Posture
Adoption Cause / Judgment on Originating Summons
Legal Issues
- 1 Whether the Applicants met the legal requirements for adoption of the minor KMMN
- 2 Whether the child should be presumed a Kenyan citizen by birth
- 3 Whether ancillary orders for registration and passport issuance should issue
Ratio Decidendi
The court was satisfied, on the affidavits, reports, and oral interview of the parties including the biological mother, that the adoption application had merit and met the legal threshold; it therefore allowed the Originating Summons in full and granted the consequential orders.
Court Disposition
Originating Summons allowed
Orders
- Applicants authorised to adopt the minor KMMN, who shall be known as KMMM.
- The child shall be presumed a Kenyan citizen by birth.
Full Case Text
Judgment text and source record
1 paragraphs
In re KMMM (Minor) (Adoption Cause E282 of 2025) [2026] KEHC 6072 (KLR) (Children's) (7 May 2026) (Judgment) Neutral citation: [2026] KEHC 6072 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Children's Adoption Cause E282 of 2025 HK Chemitei, J May 7, 2026 IN THE MATTER OF KMMM (MINOR) In the matter of IMM 1st Applicant MHK 2nd Applicant Judgment 1.In the Originating Summons dated 6th October 2025 the Applicants are asking the court for the following orders:-(a)That they be authorised to adopt the minor KMMN and to be known as KMMM.(b)The child to be presumed a Kenyan citizen by birth.(c)The Registrar General be directed to enter the adoption in the Adopted Children’s Register.(d)The Director Immigration be authorised to issue the child with a passport. 2.The application is based on the joint sworn affidavit of the Applicants of even date as well as the statements thereof and the annexures thereto. 3.The court on 23rd October 2025 directed the Children’s Department to prepare the relevant reports as well as appointed CGW as the guardian ad litem. 4.The report on record is dated 14th December 2025 and I have perused the same carefully. 5.On 19th March 2026 the parties appeared before me albeit online and I was able to interview them orally. They all appreciated their roles including the minor’s biological mother. 6.In the premises and based on the paper trail on record I do find merit in the application and consequently allow the Originating Summons as prayed. 7.CGW is discharged as guardian ad litem. 8.Costs in the cause. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 7TH DAY OF MAY 2026.H K CHEMITEIJUDGE