In re Baby GBA (Abandoned Baby Boy) (Adoption Cause 5 of 2025) [2026] KEHC 5638 (KLR) (23 April 2026) (Judgment) Neutral citation: [2026] KEHC 5638 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA ADOPTION CAUSE 5 OF 2025 REA OUGO, J APRIL 23, 2026 IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY GBA ABANDONED BABY BOY AKA GBA IN THE MATTER OF EAO ...................................................................................................... 1ST APPLICANT EAK ...................................................................................................... 2ND APPLICANT JUDGMENT 1. EAO and EKA are the applicants in this cause. In their originating summons dated 26th August 2024 they seek the following orders that; i. The applicants be authorised to adopt Baby GBA , a minor who is to be known as AJO and the Registrar General be directed to enter this adoption into the Register of Adoptions. ii. CFO and JNG be appointed legal guardians of the child. iii. The child be presumed to be born in Kenya. 2. The applicants got married on the 21st December 2022. The 1st applicant, EAO, was born in 1972. He is a businessman and a farmer. He is a Christian with a solid family background and supportive siblings. He has a stable income from his business and supports his family and extended family. He is happily married to the 2nd applicant. 3. EKA, the 2nd applicant, was born in 1977. She is happily married to the 1st applicant. She is selfemployed and has a steady income. She has five siblings, and the family is very close. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5638/eng@2026-04-23 1
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4. The report from the Director of Children Services (DSC) indicates that the applicants come from stable families and that both have transitioned from long-term employment to stable business and professional roles, demonstrating financial maturity and resilience. Both meet all legal requirements for adoption as stipulated in the Children’s Act. The applicants presented police clearance certificates, which indicate they are good citizens. 5. The history of Baby GBA is one of abandonment. He was about 3 weeks old when he was abandoned on 30 August 2021. The abandonment was officially recorded at Kitengela Police Station, and he was committed by a court order to the care of a children’s home on 13 October 2021. On 22 December 2023, Baby GBA was placed with the applicants for fostering, with the ultimate goal of adoption. In compliance with regulation 16 of the Adoption Regulations 2005, the case committee of Buckner Kenya Adoption Services (BKAS) formally declared the child available for adoption, noting that such a permanent placement is in the child’s absolute best interest. A Certificate to Declare the Child Free for Adoption, No. xxxx, was issued pursuant to section 156(1) of the Children’s Act. 6. I have considered the Summons. The applicants indicate that they understand their role as parents and their obligations under the Children’s Act. They are committed to loving Baby GBA and to providing a secure home, quality education, spiritual guidance and healthcare. 7. The DSC Report indicates that the Applicants are fit, responsible and capable parents, and that they possess the requisite emotional maturity and financial stability to raise the minor. It recommends that the court grant the adoption order, as it is in the minor’s best emotional, social and physical interests. 8. The guardian ad litem, EKO, in her Report dated 19th February 2026, states that, based on her home visits and interactions with the child, both privately and in the presence of the adopting parents, she concludes that the child is happy both in the home environment and with the adopting parents. 9. Buckner Kenya Adoption Society presented a report dated 7 January 2025. It confirms that the applicants were approved by the Society’s case committee and that the placement has been successfully monitored. Analysis and Determination 10. In this case, the child, GBA (aka GA), was abandoned by the biological mother after birth, and the father is unknown. Section 187(1) provides: “ The court may dispense with any consent required under section 186... if the court is satisfied that— (a) in the case of the parent or guardian of the child, the parent or guardian has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child...” I hereby invoke the powers conferred by section 187 of the Act and dispense with the consent of the biological mother and father on the grounds of abandonment. 11. Section 8 of the Children Act No. 8 of 2001 provides: 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies– a. The best interests of the child shall be the primary consideration ; https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5638/eng@2026-04-23 2
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b. The best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule; 12. Any matter relating to a child must be decided in the child’s best interests. I have considered the Reports filed by the Adoption Agency, the guardian ad litem, and the Director of Children Services, all of which were positive and recommended the adoption. The child in this cause was abandoned and faced an uncertain future. In my view, the adoption serves the best interests of the child. The adoption gives the child a sense of belonging with people who love him and also provides him with the opportunity to grow up like every other child. 13. I therefore allow the summons dated 26th August 2024 and make the following orders: i. The Applicants, EAO and EAK, are hereby authorised to adopt the child known as Baby GBA, aka GA, who will henceforth be named AJO. ii. The child is declared a citizen of Kenya, entitled to all the rights and privileges under the Constitution of Kenya and all other laws; iii. CFO and JNG are appointed as the child's legal guardians; iv. The guardian ad litem is hereby discharged. v. The Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 23RD DAY OF APRIL, 2026. R. E. OUGO JUDGE In the presence of: Applicants. Miss Muhanda - Counsel for the Applicants. Wilkister - C/A. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5638/eng@2026-04-23 3
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