Court quashes Labour Cabinet Secretary Kazungu Kambi's adoption order to child welfare body

Publication date: 1 October 2014

By Caroline Rwenji

Updated Wednesday, October 1st 2014

The Child Welfare Society of Kenya (CWSK) will no longer deal with adoption matters after the High Court quashed a notice by Labour Cabinet Secretary Kazungu Kambi. Mr Kambi issued the Children (Exemption) Order 2013 that gave CWSK the mandate to handle adoption matters without the institution being registered as an adoption society as required by the Children's Act. It, however, emerged in court that CWSK was not registered as an adoption society and the parties moved to court to challenge the exemption order by the Labour CS.

High Court judge Weldon Korir found that Kambi had exercised his powers improperly by issuing the exemption order. "Something done in bad faith is an abuse of power. Abuse of power is usually remedied by issuing judicial review orders," the judge said. He found that those who supported the application stated that CWSK had in the past complied with registration and that nothing made it unworkable.

"My view is that the fact that an adoption society has previously successfully renewed its licence does not mean that a situation will not arise which will make it impracticable for such a society to comply with the requirements for renewal," Justice Korir stated in his judgement. But CWSK defended Kambi's move, saying its withdrawal would lead to loss of livelihood for staff.

Countries: Kenya

Organizations: Children Welfare Society Kenya