LSK: Allow foreigners to adopt Kenyan children

The Law Society of Kenya (LSK) has moved to the High Court to challenge a Government directive banning adoption of Kenyan children by foreigners.

In the case filed under a certificate of urgency before Justice Mumbi Ngugi, LSK argues that the moratorium decision arrived at by the Cabinet last year is against the rights of children and Kenya's obligations to international treaties on protection of children.

LSK, through lawyer Stephen Gitonga, told the court the inter-country adoption process had stalled for nine months and children were lying in homes after they were rescued from dangerous situations.

"There are a lot of children that are now stuck in homes because of the rather unclear situation that has been caused by this moratorium," said Gitonga.

The Cabinet froze indefinitely inter-country adoptions of Kenyan children by foreigners during a meeting at State House on November 27, 2014.

The decision was informed by Kenya's ranking by the Global Report on Trafficking in Persons 2014 by the United Nations Office on drugs and crime, which cited Kenya as a source, transit and destination country in human trafficking.

The ban was slapped due to concerns over increased cases of child trafficking through abuse of Kenya's adoption processes by foreigners. LSK argues there are stringent rules governing adoption processes locally and internationally.

"...the respondents totally disregarded all the existing adoption laws in Kenya, legal processes of adoption and the various Constitutional and statutory provisions regarding children matters. The decision was made without any force of law, was unreasonable, whimsical and ought to be quashed," Gitonga said. The Attorney General, acting Labour Cabinet Secretary and the Director of Children Services are the respondents in the case.