Ignorance cited in child adoption

Ignorance cited in child adoption

Story by CAROLINE WAFULA OUMA WANZALA and KNA
Publication Date: 6/18/2007http://www.nationmedia.com/dailynation/nmgcontententry.asp?category_id=1&newsid=100545
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Ignorance and disregard to child adoption rules has greatly contributed to child trafficking in Kenya, a judge has said.

Speaking at a forum to mark the Day of the African Child on Saturday, Lady Justice Martha Koome said there was inadequate information regarding rules and regulations in the adoption process.

She said many applicants were usually in a hurry to obtain the final orders of adoption and often viewed the regulations and rules of procedure as unnecessary bureaucracy.

“Yet adoption of children is a very intricate and challenging jurisdiction that requires several actors to work together to enable the court determine the best interest of the child,” she told a forum organised by the All Africa Conference of Churches in Nairobi.

Closely evaluated

Lady Justice Koome said applicants should be closely evaluated at least for three month before being granted orders to adopt a child.

The High Court Judge said the law encouraged adoption to be done locally, especially within the family network and immediate community adding international option was given least priority.

She said it was important to ensure that the applicants were morally upright and are able to take care of the child well before adoption orders are granted.

She lauded the recent directive by Chief Justice Evan Gicheru that all matters involving international adoptions be filed at the Family Division of the High Court in Nairobi, saying the division was specialised in that area of law and had established clear procedures to follow.

She said previously, persons who wanted to overlook the procedures used to file adoption matters in High Court stations outside Nairobi where they would find judges who were overwhelmed by other judicial work and managed to easily obtain orders, especially in cases of international adoptions.

Remain vigilant

An expert on juvenile matters, Lady Justice Koome said courts had to remain vigilant given increasing challenges of sophisticated cases in child trafficking.

She called for establishment of child-friendly benches.

She urged those who deal with children issues to familiarise themselves with the provisions of the Children Act and other relevant international instruments.

“In order to secure their best interests, judicial officers, police, probation officers, prosecution and legal counsel must all strive to deepen their knowledge and understanding of the guiding principles of promoting the welfare of children,” she said.

She also called for the establishment of children’s courts in every district to handle juvenile matters.

This, she said, will enable the courts and all those charged with the responsibility of making decisions affecting children to always take into account their best interests.

Although it was stipulated in the Children’s Act, Lady Justice Koome said legal aid to children had remained a big challenge because the Government had not set up a legal aid scheme by way of a Public Defender’s Office or set aside funds that could be administered by the court.

She said legal aid services in the country were being provided by some NGOs whose capacities were overstretched adding most of them were located in Nairobi yet the services were required countrywide.

The High Court judge said trial of children was very difficult without proper legal representation and miscarriage of justice could easily occur.

Meanwhile, the Government is investigating reports that some charitable institutions in Kajiado District were abetting child labour.

Closed down

“If the allegations are proved, the institutions would be denied registration and ordered to close down,” the local district officer, Mr Geoffrey Taragon, who presided over the occasion in the area said.

The activities to mark the day took place at the Kiserian AIC church in Ngong’ division and were organized by Christian children’s Fund and Compassion International in collaboration with the children’s department.

And the Government will not tolerate family members who protect relatives engaging in child abuse in Busia District.

Area district officer Jack Obuo said a number of those who violated children rights were close family members.

“We are not going to tolerate kangaroo courts which make decision at the village level with the sole aim of protecting child abusers since they hailed from the same community,” said Mr Obuo.

Speaking at Busia Youth Polytechnic during an African Child’s Day celebration, Mr Obuo said a number of families had resorted to “cleansing” victims instead of reporting them to police.

He disclosed that the district has over 50,000 orphans and vulnerable children who needed special care and assistance.