In re Adoption of Baby KO (Minor) (Adoption Cause E171 of 2024) [2025] KEHC 17012 (KLR) (Family) (20 November 2025) (Directions) Neutral citation: [2025] KEHC 17012 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY ADOPTION CAUSE E171 OF 2024 HK CHEMITEI, J NOVEMBER 20, 2025 BETWEEN ES ................................................................................................................ APPLICANT AND PAO .................................................................................................. 1ST RESPONDENT IAO .................................................................................................. 2ND RESPONDENT FU .................................................................................................... 3RD RESPONDENT AND ERIC SEBANTU ....................................................................... INTERESTED PARTY DIRECTIONS 1. Upon considering the applications dated 5th March, 2025 and 30th September, 2025, the supporting affidavits, responses thereto and submissions filed by the parties, as well as taking note of the existence of Milimani Children’s Case No. E2215 of 2024, this court issues the following directions:1. Stay of Ruling: The ruling scheduled for 20th November, 2025 is hereby arrested/stayed to allow the court to appraise itself on the issues raised in Milimani Children’s Case No. E2215 of 2024, particularly the DNA evidence alluded to by the Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17012/eng@2025-11-20 1
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2. Retrieval and perusal of related file: I hereby call for the relevant file in Milimani Children’s Case No. E2215 of 2024 for purposes of perusal and to determine whether the alleged DNA test forms a material basis in the current proceedings. 3. Service of documents: The Respondents shall serve their responses and submissions upon the Applicant and/or his counsel within seven (7) days from the date of these directions. The Applicant is granted leave to file and serve his submissions and further affidavit within fourteen (14) days upon receipt of the Respondents’ documents. 4. Consideration of the application dated 30th September, 2025: The court shall consider the application dated 30th September, 2025, including: whether the Applicant’s submissions and further affidavit should be deemed duly filed; and whether the DNA report from Milimani Children’s Case No. E2215 of 2024 proves paternity and bears legal relevance to the present proceedings. 5. Status of the adoption order: The adoption order issued on 30th January, 2025 shall remain in force pending full compliance with these directions and the determination of both applications; and the status quo be maintained. 6. Best interests of the child: All parties are reminded that the best interests of the child under Article 53 of the Constitution and Section 4 of the Children Act remain paramount during all proceedings and decision-making relating to the minor. 7. Mention Date: The matter shall be mentioned within thirty (30) days to confirm compliance and to issue further directions on the hearing and determination of the applications. DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20TH DAY OF NOVEMBER 2025. H K CHEMITEI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17012/eng@2025-11-20 2
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