https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9318
The court found the kinship adoption merited approval because the family was well knit, the paper trail was satisfactory, and the supporting documents, including the children’s services report, supported the application. It therefore granted the adoption, appointed the proposed legal guardian, presumed the child to...
Source-derived case information.
- Citation
- [2026] KEHC 9318 (KLR)
- Parties
- Applicant: MCM; Minor: GEMM (Minor); Proposed Legal Guardian: Yvonne Ashton; Guardian Ad Litem: HOO
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E344 of 2025
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed as prayed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Kinship Adoption, Guardianship, Presumption of Birth in Kenya, Guardian Ad Litem Discharge, Children’s Services Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MCM
Applicant
GEMM (Minor)
Minor
Yvonne Ashton
Proposed Legal Guardian
HOO
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt the minor GEMM.
- 2 Whether Yvonne Ashton should be appointed as legal guardian of the child.
- 3 Whether the child should be presumed born in Kenya.
Ratio Decidendi
The court found the kinship adoption merited approval because the family was well knit, the paper trail was satisfactory, and the supporting documents, including the children’s services report, supported the application. It therefore granted the adoption, appointed the proposed legal guardian, presumed the child to be born in Kenya, and discharged the guardian ad litem.
Court Disposition
Application allowed as prayed.
Orders
- The applicant is authorized to adopt GEMM, who shall be known as GEMM.
- The Registrar General shall enter the adoption in the Register of Adoptions.
Full Case Text
Judgment text and source record
1 paragraphs
In re GEMM (Minor) (Adoption Cause E344 of 2025) [2026] KEHC 9318 (KLR) (Family) (25 June 2026) (Judgment) Neutral citation: [2026] KEHC 9318 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause E344 of 2025 HK Chemitei, J June 25, 2026 IN THE MATTER OF GEMM (MINOR) AND MCM ..................APPLICANT In the matter of MCM Applicant Judgment 1.In the Originating Summons dated 3rd November 2025 the Applicant seeks the following orders:(a)That the Applicant be authorised to adopt GEMM a minor who is to be known as GEMM and the Registrar General be directed to enter this adoption into the Register of Adoptions.(b)That Yvonne Ashton be appointed as the legal guardian of the child.(c)That the child be presumed to be born in Kenya 2.The application is based on the grounds and the sworn affidavits of the applicant dated the same date. 3.The matter came up for appointment of the legal guardian on 26th February 2025 and the Court appointed HOO as the guardian ad litem as it directed the Department of Children’s Services to prepare the relevant report. 4.The Court has perused the said report dated 3rd May 2026 as well as the other supporting documents. 5.On 21st of May 2026 the parties appeared on line. They are all based in the United States of America. The minor as well was online and the Court was able to interview them. 6.This being a kinship adoption it appeared to me that the family was well knit and the paper trail on record is satisfactory. 7.In the premises I do find merit in the Originating Summons buoyed by the documents on record. 8.The Originating summons herein is allowed as prayed and HOO is hereby discharged as guardian ad litem. 9.Costs in the cause. DATED SIGNED AND DELIVERED THIS 25TH DAY OF JUNE 2026.H K CHEMITEIJUDGE, FCIArb.Adoption Cause No. E344 Of 2025 Judgement Page 1 Of 1 Hkc/po