https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11821
The court was satisfied, on the applicant’s summons, the interview of the parties, and the positive Children’s Department report, that the adoption was in order and merited. It therefore allowed the application in full and discharged the guardian ad litem, without an order as to costs.
Source-derived case information.
- Citation
- [2026] KEHC 11821 (KLR)
- Parties
- Applicant: RWG; Minor: KW aka KWG (Minor); Proposed Legal Guardian: NM; Guardian Ad Litem: KKM
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 042 of 2026
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed.
- Judges
- ["HK Chemitei"]
- Legal Topics
- Adoption Order, Dispensation of Parental Consent, Change of Child’s Name, Appointment of Legal Guardian, Presumption of Kenyan Citizenship, Adopted Children’s Register, Passport/immigration Directions, Guardian Ad Litem Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWG
Applicant
KW aka KWG (Minor)
Minor
NM
Proposed Legal Guardian
KKM
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant met the requirements for an adoption order
- 2 Whether consent of the biological parents should be dispensed with
- 3 Whether the proposed child particulars and ancillary orders should be granted
Ratio Decidendi
The court was satisfied, on the applicant’s summons, the interview of the parties, and the positive Children’s Department report, that the adoption was in order and merited. It therefore allowed the application in full and discharged the guardian ad litem, without an order as to costs.
Court Disposition
Application allowed.
Orders
- RWG is authorised to adopt KW.
- The child shall thereafter be known as KWG.
Full Case Text
Judgment text and source record
1 paragraphs
In re KW aka KWG (Minor) (Adoption Cause 042 of 2026) [2026] KEHC 11821 (KLR) (Family) (30 July 2026) (Judgment) Neutral citation: [2026] KEHC 11821 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Family Adoption Cause 042 of 2026 HK Chemitei, J July 30, 2026 IN THE MATTER OF KW aka KWG (MINOR) AND In the matter of RWG Applicant Judgment 1.In her Originating Summons dated 25th February 2026 theAapplicant seeks orders:(a)That the Applicant be authorised to adopt KW.(b)That the said child thereafter be known as KWG.(c)That the Child’s date of birth to be declared as 21st June 2023 at Joska, Muthwani, Machakos County.(d)That the consent of biological parents be dispensed with.(e)That NM be appointed as legal guardian.(f)That the child be presumed to be a Kenyan citizen by birth.(g)That the Registrar General be directed to make the appropriate entry in the Adopted Children’s Register.(h)That the Office of Immigration is directed to issue the child with updated passport reflecting the Applicant’s details. 2.The application is based on the grounds thereof and the statement in support as well as the annexures therein dated 25th February 2026. 3.The matter came up for the appointment of a guardian ad litem on 23rd April 2026 and the Court directed as well that a report be prepared by the Children’s Department. 4.The said report dated 18th June 2026 is now before Court and it is positive. 5.The parties appeared online before Court on 15th May 2026 where the Court had time to interview them. They all appreciated their respective roles in respect of the minor who was equally present. 6.In the circumstances I do find merit in the Originating Summons and the same is hereby allowed with no orders as to costs. 7.KKM is hereby discharged as guardian ad litem. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAIROBI THIS 30TH DAY OF JULY 2026.H.K. CHEMITEIJUDGE, FCIArb.