The recent judgment in JLN v. Director of Children’s Services represents a win for the human rights community. Justice David Majanja held that the Director of Children’s Services violated the petitioners’ right to dignity, when he took away their children due to uncertainty over a surrogacy agreement.
KELIN welcomes this ruling as an indication that the courts are willing to uphold Article 28 of the Constitution’s guarantee of the right to dignity. The judgment validates individuals’ right to privately choose how and under what conditions to reproduce and start a family.
The judgment took into account the Constitution of Kenya, the Children Act and international agreements including the United Nation’s Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The Petitioners were awarded 500,000 Kshs each as against the Director.
KELIN welcomes the decision and celebrates the opportunity it provides for individuals to take control of their sexual and reproductive health and assert their right to dignity. Read a summary of the case on our website.
