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Kenya decisions
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JKK (Suing as Father and the Next Friend) v CKM. (Children's Case E830 of 2025) [2026] KEMC 526 (KLR) (19 August 2026) (Judgment)
[2026] KEMC 526 (KLR)
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KMS v HHA & 2 others (Children's Case E036 & E006 of 2024 (Consolidated)) [2026] KEMC 501 (KLR) (14 August 2026) (Judgment)
The plaintiff failed to plead or prove fraud, and her 2024 birth certificate and DNA material did not displace the established 2017 placement, the child’s long-term lived reality, or the child’s clear wishes. The court held that foster care had run its lawful course, that actual custody must remain with the first defendant, and that joint legal guardianship best served the child’s welfare by preserving stability while allowing access to siblings and relatives.
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In re TAN (Family Miscellaneous Application E001 of 2026) [2026] KEHC 11442 (KLR) (23 July 2026) (Ruling)
The court was satisfied, on the basis of medical reports from multiple hospitals, the subject’s age and cognitive impairment, and the consent of all children, that TAN could not manage his own affairs. The petition was therefore merited, and ATAN was appointed guardian and manager subject to the statutory restriction that immovable property cannot be sold or alienated without prior court approval.
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In re GEMM (Minor) (Adoption Cause E344 of 2025) [2026] KEHC 9318 (KLR) (Family) (25 June 2026) (Judgment)
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.
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In re Baby JA aka LA (Adoption Cause E002 of 2025) [2026] KEHC 7395 (KLR) (28 May 2026) (Judgment)
The court found that the child had been abandoned, efforts to trace the parents had failed, the child had been lawfully declared free for adoption, and the Applicants were fit, stable, financially capable, and bonded with the child. Applying the paramountcy of the child’s best interests, the court held that the proposed adoption would benefit the child and therefore allowed the application.
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In re MWW (Family Miscellaneous Application E002 of 2026) [2026] KEHC 7804 (KLR) (28 May 2026) (Ruling)
The court found, on the uncontroverted medical reports and its own observation of the subject being unable to communicate coherently, that MWW was suffering from a mental disorder within the meaning of the Mental Health Act and was incapable of managing her affairs; accordingly, LWT, as the nearest suitable relative with no family objection, was fit to be appointed guardian and estate manager.
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AM v MA (Miscellaneous Application E003 of 2026) [2026] KEHC 6527 (KLR) (15 May 2026) (Judgment)
The Applicant proved, through medical records, bank records, oral evidence, and the social inquiry report, that the Respondent suffers from mental disorder and is unable to manage her personal and financial affairs. He also proved he is the appropriate family member and primary caregiver, fit to act as guardian and estate manager. The court therefore granted the guardianship and estate management orders to secure the Respondent’s welfare and treatment.
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In re ASM (Minor) (Adoption Cause E001 of 2025) [2026] KEHC 6502 (KLR) (7 May 2026) (Judgment)
The court found that the adoption was a kinship adoption, that the applicants had been positively assessed by the Children’s Department and adoption society, that both biological parents consented, and that the minor’s welfare would be better served by placement with the applicants given their stronger economic and social capacity. The court therefore held that the adoption was in the child’s best interests and granted the orders sought.
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In re SMK (Family Miscellaneous Application E025 of 2025) [2026] KEHC 5911 (KLR) (30 April 2026) (Ruling)
[2026] KEHC 5911 (KLR)
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In re Baby B aka FB aka Abandoned Female Infant (Adoption Cause E001 of 2026) [2026] KEHC 5147 (KLR) (Family) (24 April 2026) (Judgment)
The applicant fulfilled all statutory requirements for local adoption, demonstrated capacity to care for the child, and the adoption serves the best interests of the child. The child, abandoned at birth, is presumed a Kenyan citizen under Article 14(4) of the Constitution. Consent of biological parents was dispensed with due to abandonment.
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