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State Should Expedite Laws on Child Adoption

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 14 September 2019.

On September 14, 2019, the nation was exposed to the harsh reality of child adoption in Kenya. Recent reports have revealed what is increasingly becoming modern-day slavery and child trafficking.

Kenya has become a preferred hunting ground for those engaged in the illicit business of child adoption, which threatens the lives of hundreds of minors. The country lacks proper policy and legislation, allowing crooks to take advantage of this situation and perpetrate trade in children.

Even more disturbing is the fact that organisations mandated to protect children are complicit in their exploitation. An elaborate network involving private agencies, government officials, and security teams has been identified, with their activities known but never sanctioned.

The Cabinet's decision to ban foreigners from adopting children is a step in the right direction, but the government must go further. Investigations should be carried out to detect the vices at play under the guise of children's protection. Organisations responsible for child protection should be audited and their activities thoroughly scrutinised.

A report by a task force on the review of adoption, published in 2017, made shocking revelations. The agencies involved in child adoption were found to be racketeers making huge sums of money from unsuspecting clients. The sourcing of adopted children was highly questionable, and the transactions were also suspect.

Illegal practices, including buying children from poor families, were rife. It was also unclear what happened to the children once they were taken. Although the task force recommended the enactment of laws and policies to guide child adoption, nothing was done. The existing legislation, the Children Act 2001, has its limitations and does not provide specific guidance on adoption.

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