Lawyers have sued the state for freezing the adoption of children by foreigners over alleged trafficking. The Law Society of Kenya wants the courts to lift the order, saying it goes against the interest of the children by denying them the right to care. The lawyers want the order declared illegal.
Through lawyer Gitonga Mureithi, the LSK argues the right to protection and care of children is not a gift from the state and cannot be suspended on the whims of any state organ.
The decision being challenged by LSK was made by the state after the Cabinet held its 10th meeting at State House on November 27 last year.
The Cabinet approved a moratorium to indefinitely freeze adoption of Kenyan children by foreigners. Suspended Labour Cabinet Secretary Kazungu Kambi informed adoption societies in a letter dated December 22, 2014. The LSK said the government disregarded all existing adoption laws in Kenya, legal processes of adoption and various constitutional provisions in coming up with the ban.