GAZETTE NOTICE NO. 1092

IT IS notified for the general information of the public that following Cabinet directive on the 26th November, 2014, for the review and development of a policy and legal framework to regulate and manage child adoptions in Kenya, the Cabinet Secretary for Labour, Social Security and Services establishes and appoints an Expert Committee consisting of the following— Lydia Muiru—(Chairperson) Scholastica Omondi Rose Wasike Joseph Gitau, Callen Masaka Anthony N. Gitahi Terms of reference of the Committee: The mandate of the Committee is to— (a) develop simplified guidelines for the review of resident and inter-country adoption applications that had been initiated, before the issuance of the moratorium on both resident and inter country adoptions; (a)(b) review and make decisions on all applications for resident and inter country adoptions that had been initiated before the issuance of the moratorium; (a)(c) recommend for investigations and prosecution of any person(s) or agencies found to have been involved in illegal practices in adoption; (a)(d) regulate and provide quality assurance of adoption activities during the transitional period; to develop standard practice guidelines so as to streamline the adoption practice and ensure quality assurance; (a)(e) oversee or undertakethe review of legal and policy framework of adoption practice in the country; and (a)(f) review the structures and mechanisms of implementation of child adoption in Kenya, including those related to adoption such as family tracing and reunification, institutional care, foster care, guardianship and kinship care. Deliverables (a) the committee shall develop guidelines for review of pending resident and international adoption applications initiated before the moratorium was issued; (a)(b) the Transition Expert Committee is expected to use the developed guidelines to give direction and address or handle the resident and international adoption applications that had been initiated before the moratorium was issued but not finalized by the courts; (a)(c) the direction will be, among others: (i) review of all the declaration reports and documentation for the children placed in international and resident adoption; (ii) tracing of families for children who have been placed in international adoption and resident adoption; (iii) allow the finalization of cases whereby placement of children happens only after family tracing has been exhausted and only if it is in the best interest of the child or; (iv) withdraw children who had been placed in international or resident adoption only if it is in their best interest; (v) identified children (who had initially been placed in resident or international adoption and whose families have been traced) are referred for psychosocial support; (vi) discontinue or cancel international adoption applications that had not been placed with children; (vii) identify applications that have not followed the necessary steps for international or resident adoption and make recommendations for legal action to be taken against all parties involved in the irregular process; (viii) make relevant decisions and interventions or actions in the best interest of children through family tracing and reunification and other alternative family care placement such as guardianship, kinship care and foster care; (a)(d) the committee shall bring out the gaps that are identified in the adoption process and also identify interventions that can help support family preservation by strengthening other forms of alternative family care such as foster care, kinship care and guardianship; (b)(e) the committee shall give recommendations for penalty or action to be taken on persons or agencies found to have been involved in illegal adoption practices which may include jail term, fines, cancellation of registration for practitioners (i.e. adoption societies, CCIs, law firms, judges in person) (c)(f) the committee shall recommend for a professionally structured government body to co-ordinate adoption activities; (d)(g) distinction and clarification of roles and responsibilities of adoption societies, CCIs, law firms (if necessary), court, registrar, children’s office or department as well as adoptive parents (regarding legal self-representation in court); (e)(h) the committee shall give recommendations on policy, legal THE KENYA GAZETTE 20th February, 2015 350 350 framework and structures and mechanism of implementation of child adoption in Kenya within the child right framework. Reporting (a) the committee shall report to the Cabinet Secretary for labour and social security and Services; and (b) shall regularly advise and keep the Cabinet Secretary apprised on the progress. Mode of operation: In performance of its mandate, the committee shall regulate its own procedure. Duration: The duration of the committee shall be a renewable term of three (3) years with effect from publication date of this notice. Secretariat: The secretariat operation office shall be as assigned by the Cabinet Secretary and will be composed of the following minimum members of staff: Mary Mbuga. Esther Kihara. Grace Mwangi. Martin Mwebia. Maureen Maresi. Costs: The costs incurred by the committee, including but not restricted to facilitation and payment of allowance in respect of the members and secretariat of the committee, shall be defrayed from voted funds of the Ministry of Labour, Social Security and Services. Revocation: The GAZETTE NOTICE NO. 15639 of 2013 appointing the National Adoption Committee is revoked. SAMWEL KAZUNGU KAMBI , Cabinet Secretary for Labour, Social Security and Services.