In re DM (Minor) (Adoption Cause E002 of 2025) [2025] KEHC 19346 (KLR) (6 November 2025) (Ruling) Neutral citation: [2025] KEHC 19346 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA ADOPTION CAUSE E002 OF 2025 GL NZIOKA, J NOVEMBER 6, 2025 IN THE MATTER OF MMG .......................................................................................................... APPLICANT RULING 1. By an originating summons application dated 18th September 2025, brought under the provisions of sections 183, 184, 185, 186, 187, 188, 189, 194, 195, 196 and 200 of the Children Act (No 29 of 2022) the applicant is seeking for the following orders: a. Spent. b. That KNW be appointed Guardian ad litem in this case. c. That the applicant be authorized to adopt baby DM and the baby be known as DM. d. That VNG be appointed the legal guardian of the child. e. That the Director of Children Services to investigate the case and file a report. f. And it is directed that the Registrar general shall make in the adopted Children’s Register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto; 2. The application is supported by the statement dated 18th September 2025, made by the applicant MMG who states that she is a Kenyan citizen aged below sixty-five (65) years and resides in Nakuru County. That she is a nurse by profession and works at [Particulars Withheld], Karen, Nairobi. 3. That the subject minor has been under her care from a tender age and a period of three (3) months has lapsed. Further that, VNG has consented to being the legal guardian of the subject minor in the event she dies before the infant has attained the age of maturity. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19346/eng@2025-11-06 1
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4. The application is further supported by an affidavit sworn on the even date by VNG, the applicant’s sister. She avers that she known the applicant for over ten (10) years. That the applicant having expressed her intention to adopt the subject minor, she is willing to act as the legal guardian to the minor and that no interest in the adoption. Further, she is a fit and proper person to act as the legal guardian. 5. Pursuant to considering the application, the court examined KNW, on 15th October 2025 the proposed guardian ad litem who stated that he is twenty-six (26) years old, and a Kenyan citizen and holder of National identification card No. 2461XXX. 6. That he is married but is yet to have children and earns a monthly salary of Kshs. 30,000 per month. Further that, he is not related to the applicant but she is a friend and he knows her family members well. 7. In considering the application, I note that the appointment of the guardian ad litem is provided for under section 188 of the Act which states that: - 8. (1) Where an application is made for an adoption order, the Court shall, either of its own motion or on application by any party to the proceedings, make an order appointing a fit person to be guardian ad litem of the child to whom the application relates. (2) The guardian ad litem shall be under duty to— (a) safeguard the interests of the child pending the determination of the adoption proceedings; (b) investigate and report to the Court on the facts and circumstances relating to the adoption of the child; (c) make recommendations as to the propriety of making any interim orders or an adoption order in respect of the child; (d) intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of any consent prescribed by this Act; and (e) undertake such other duties as the Court may from time to time direct, or as may be prescribed by the rules. The appointment of a guardian is provided for under section 195 of the Act that states: (1) At the time of making an adoption order in a domestic or inter-country adoption, the Court may, either of its own motion or on application by the adopter or joint adopters, appoint a guardian of the child in the event that the adopter or, in the case of a joint application by spouses, as the case may be, the adopter or joint adopters die or become incapacitated before the child attains the age of eighteen years. (2) The Court may, at any time before the child attains the age of eighteen years, on the application of the adopter, or of the guardian appointed under subsection (1) or of the child, revoke such appointment and appoint any other person to be the guardian of the child. 9. In the instant matter I find that the guardian ad litem qualifies and I allow the application in terms of prayer (b) and direct that the requisite report be filed accordingly. All other prayers will be considered thereafter. 10. It is so ordered https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19346/eng@2025-11-06 2
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DATED, DELIVERED AND SIGNED ON THIS 6TH DAY OF NOVEMBER 2025 GRACE L NZIOKA JUDGE In the presence of: Mr. Muia for the applicant Mr. Komen: court assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19346/eng@2025-11-06 3
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