Kenya Case Law

In re Baby JWM (Minor)

In re Baby JWM (Minor) (Miscellaneous Application E023 of 2026) [2026] KEHC 11777 (KLR) (Family) (30 July 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Application E023 of 2026

Judge

["H Namisi"]

The Court held that despite technically defective email service, it could proceed in the interests of justice because the 3rd Respondent could not be located and the DNA evidence conclusively proved the 1st Applicant was the biological father. The birth record therefore contained untrue and misleading information, which the Court had constitutional power under Article 35(2) to order corrected. The requested changes also served the minor's best interests under Article 53.

Source excerpt

• Paternity determination
• Birth certificate rectification
• Dna evidence
• Electronic service
• Best interests of the child
• Correction of untrue information

In re AH (Child)

Court

High Court

Case number

Adoption Cause E304 of 2025

Judge

HK Chemitei

The High Court allowed an adoption application by two applicants for a child identified as Baby AH, granting consequential orders on renaming, birth details, citizenship presumption, guardianship and registration, and discharging the guardian ad litem.

• Adoption of minors
• Change of child's name
• Declaration of date and place of birth
• Presumption of kenyan citizenship by birth
• Appointment of legal guardians
• Registration in adopted children's register

In re KAL

Court

High Court

Case number

Miscellaneous Application E080 of 2024

Judge

RN Nyakundi

The High Court at Eldoret allowed an application to presume the death of a husband missing since 2012, holding that the applicant's affidavit satisfied Section 118(A) of the Evidence Act and ordering issuance of a death certificate.

• Presumption of death
• Seven-year disappearance rule
• Dissolution of customary marriage
• Reasonable diligence in tracing missing persons
• Registration of deaths
• Presumption-of-death