LSK chief executive Apollo Mboya says the move is a backward step in the fight to entrench children’s rights. PHOTO | FILE
What you need to know:
The LSK has filed an urgent suit claiming that the suspension of child adoption laws is unreasonable, unconstitutional and against the interests and rights of children.
Lawyers are up in arms against new government regulations which have stopped the adoption of Kenyan children by foreigners.
The Law Society of Kenya has filed an urgent suit claiming that the suspension of child adoption laws is unreasonable, unconstitutional and against the interests and rights of children.
“The effect of the directive is threatening the welfare of children, most of who are vulnerable, without parents and are in children’s homes after being rescued from various precarious situations,” said lawyer Stephen Gitonga in Nairobi.
LSK argued that by restricting foreigners from adopting, the government disregarded existing adoption laws, the legal process of adoption, statutory provisions and international conventions on child rights.
The government issued an order in November 2014 freezing the adoption of children by foreigners on grounds of protecting them from traffickers.
The ministry wrote a letter in May instructing the Director of Children Services not to sign documents allowing foreigners to adopt Kenyan children.
According to the government, the decision was informed by the 2014 Global Report on Trafficking in Persons which cited Kenya as a source, transit and destination country of human trafficking.
But LSK said the reasons for stopping the adoptions were unjustifiable, adding that the move had made several unfortunate children miss the chance of being adopted by foreign families that would have taken care of their needs.
“Children’s interests are paramount; any law that attempts to limit their rights is null and void. Children’s rights are not a gift from the state and cannot be suspended on the whims of any state organ,” said Mr Gitonga.
LSK wants the court to declare the government’s decision unconstitutional and order the Director of Children Services to start signing letters authorising foreigners to adopt children.
Apollo Mboya, the LSK chief executive, supported the application saying that the move was a backward step in the fight to entrench children’s rights.
“Adoptions are now an accepted way locally and internationally as a way of starting a family and affording the adopted child opportunity to grow in life. The adoption process is well provided for in the Children’s Act and there is no way it can be abused,” said Mr Mboya.
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