Law Society of Kenya (LSK) lawyer Gitonga Mureithi leaving Milimani law courts after filing an application seeking to quash the decision by labour social security service cabinet secretary to halt Moratorium inter- country adoptions.
BY SAM ALFAN.
Law Society of Kenya (LSK) has filed an application seeking orders to quash the decision of cabinet secretary for Labour Social Security Service to halt Moratorium inter- country adoptions.
The lawyer’s body. Says the communication by CS letter dated November 2014 suspended all inter- country adoption of Kenyans Children by foreigners.
LSK through lawyer Gitonga Mureithi told the court the CS in arriving the decision totally disregarded all existing adoption laws in Kenya including legal process of adoption and the various constitutional and statutory provisions regarding the children matters.
The lawyer told Justice Mumbi Ngugi, that the decision was made without any law, was unreasonable and whimsical which the court will be asked to set aside.
” Several international convention were disregarded by CS which Kenya is signatory and the minister went further to breach an obligation to the Hague convention of May 1993 in respect of inter- country adoptions” the lawyer said.
The effect of the decision of the CS has put burden on children most of whom are vulnerable more specifically those rescued from precarious situation, the court heard.
” That the right of protection and care of children as provided in the constitution and various legislation is not a gift from the state and can’t be suspended at the whims of any state organ” the lawyer submitted.
Mr Mureithi told the court that suspension cane when there were several application pending for approval which in the result has made relevant governmental agencies to down their tool on the issue relating to international adoptions.
The decision of the CS was re-enforced by a letter dated 14 May 2015.