Second Periodic Kenya Country Report

Front Page

Second Periodic Kenya Country Report on Implementation of the UN Convention on the Rights of the Child

1998 – 2003

Page Two

Second Periodic Kenya Country Report on Implementation of the UN Convention on the Rights of the Child

1998 – 2003

Printed by

Page Three

Map of Kenya

Second Periodic Kenya Country Report

on Implementation of the UN Convention on the Rights of the Child

1998 – 2003.

Printed by

Map of Kenya
Table of Contents

ACKNOWLEDGEMENTS 5

ACRONYMS and ABBREVIATIONS 6

Tables 8

Figures 9

Foreword 10

Chapter Two: Definition Of A Child 24

CHAPTER THREE: General Principles of Implementation 32

CHAPTER FOUR: Civil Rights and Freedoms 41

CHAPTER FIVE: Family Environment and Alternative Care 52

CHAPTER SIX: Health and Basic Welfare 63

CHAPTER SEVEN: Education, Leisure and Cultural Activities 75

CHAPTER EIGHT: SPECIAL PROTECTION MEASURES 85

Cluster 8: Special Protection Measures 6666

ACKNOWLEDGEMENTS

The Office of the Vice President and Ministry of Home Affairs, would like to thank all those who participated in the preparation of this second periodic report on Kenya’s implementation of the UN Convention on the Rights of the Child for submission to the UN Committee on the Rights of the Child. In particular, it would like to acknowledge the dedication and hard work of the following individuals who provided the leadership both national and regional forums:

Ministry of Planning and National Development: Vivian Nyakundi

Ministry of Finance: Charles Kimeli

Ministry of Education Science and Technology: Eliud Barasa

Ministry of Information and Communication: Dominic Mwangi

Office of the Attorney –General: Victoria Kattambu

Ministry of Health: Dr. Anne Wamae

Ministry of Labour: Bertha Mwai

Ministry of Culture, Gender and Sports: Mwambi Mong’are & Luke

Ministry of Home Affairs: Eliub Mulili, Wambani Mbakala

Save the Children Canada: Rhoda Kasimbu

World Vision Kenya: Monicah Okwalo

Actionaid International Kenya: Olad Farah

Plan International Kenya: Mary Muthungu

Unicef Kenya Country Office: Timothy Takona

Care-Kenya: Pascal Mailu

Goal Kenya: Margaret Gwada

Childlife Trust: Leah Ambwaya

Kenya Alliance for Advancement of Children: Timothy Ekesa

Special thanks go to the Ambassador Dennis Afande, Acting Chairperson of National Council of Children Services (NCCS), head of NCCS Secretariat Margaret Basigwa, officers at the secretariat Kibe Njoroge, Grace Mogoi and Ondara Ouma. We thank Ms. Margaret Buyela and Ahmed Hussien, the Director and Deputy Director of the Department of Children’s Services respectively for coordinating the reporting process. We sincerely thank all the representatives of agencies, which actively participated the drafting process in the thematic clusters.

We appreciate Save the Children Canada, Actionaid International Kenya, Plan International Kenya, World Vision Kenya, Goal Kenya, UNICEF KCO, Save the Children UK, Save the Children Sweden and International Commission of Jurist (ICJ) Kenya Chapter for providing financial and logistical support.

The Kenya Alliance for Advancement of Children (KAACR) and National Council of Children Services (NCCS) deserve special mention for providing the secretariat during the entire reporting process especially the regional Workshops where invaluable data was gathered.

Special thanks go to Teknosell Digest, Jane Mbugua, Bobby Mkangi and Rosemary Lukalo for providing technical support during the preparation of this report.

We thank Risper Gitahi and Flora Nyaga for providing secretarial services.

Acronyms/Abbreviations

Tables

Figures

Foreword

NCCS, Prepare a foreword to be signed by Minister

Introduction

Kenya’a Socio-Economic, Demographic and Cultural

Takona & Ministry of Plaaning could provide this infor.

Chapter One

ACKNOWLEDGEMENTS

Ministry of Planning and National Development: Vivian Nyakundi

Ministry of Finance: Charles Kimeli

Ministry of Education Science and Technology: Eliud Barasa

Ministry of Information and Communication: Dominic Mwangi

Office of the Attorney –General: Victoria Kattambu

Ministry of Health: Dr. Anne Wamae

Ministry of Labour: Bertha Mwai

Ministry of Culture, Gender and Sports: Mwambi Mong’are & Luke

Ministry of Home Affairs: Eliud Mulili, Wambani Mbakala

Save the Children Canada: Rhoda Kasimbu

World Vision Kenya: Monicah Okwalo

Actionaid International Kenya: Olad Farah

Plan International Kenya: Mary Muthungu

Unicef Kenya Country Office: Timothy Takona

Care-Kenya: Pascal Mailu

Goal Kenya: Margaret Gwada

Childlife Trust: Leah Ambwaya

Kenya Alliance for Advancement of Children: Timothy Ekesa

Special thanks go to Teknosell Digest, Jane Mbugua, Bobby Mkangi and Rose Lukalo for providing technical support during the preparation of this report.

We thank Risper Gitahi and Flora Nyaga for providing secretarial services.

ACRONYMS and ABBREVIATIONS

AAC / Area Advisory Council
AIDS / Acquired Immuno-deficiency Syndrome
AMREF / African Medical and Research Foundation
ARVs / Anti-retrovirals
ASAL / Arid and Semi-Arid Lands
BEOC / Basic Essential Obstetric Care
BoG / Board of Governors
CAS / Country Assistance Strategy
CBO / Community Based Organisation
CBS / Central Bureau of Statistics
CEOC / Comprehensive Essential Obstetric Care
CIDA / Canadian International Development Agency
CNSP / Children in Need of Special Protection
CRC / (UN) Convention on the Rights of the Child
CSO / Civil Society Organisation
CWD / Children with Disability
DANIDA / Danish International Development Agency
DCS / Department of Children Services
DFID / Department for International Development
EARC / Educational Assessment Resource Centres
EARS / Education, Assessment Resource Services
EFA / Education for all
EOC / Essential Obstetric Care
ERS / Economic Recovery Strategy for Wealth and Employment Creation
FBO / Faith Based Organisation
FGM / Female Genital Mutilation
FPE / Free Primary Education
GCN / Girl Child Network
GJLOS / Governance Justice Law and Order Sector
GoK / Government of Kenya
GTZ / German Technical Cooperation
HIV / Human Immuno-deficiency Virus
ILO / International Labour Organisation
IMCI / Integrated Management of Childhood Illness
IMR / Infant Mortality Rate
IPEC / International Programme on the Elimination of Child Labour
IUCD / Intrauterine Contraceptive Device
JICA / Japan International Cooperation Agency
KAACR / Kenya Alliance for Advancement of Children
KCO / Kenya Country Office
KDHS / Kenya Demographic and Health Survey
KEMRI / Kenya Medical Research Institute
KEPI / Kenya Expanded Program on Immunization
KES / Kenya shillings (US $ 1= Approx. Ksh 75)
KICC / Kenyatta International Conference Centre
KNCHR / Kenya National Commission on Human Rights
KSPA / Kenya Service Provision Assessment Survey
LBW / Low Birth Weight
MCH / Maternal Child Health
MDG / Millenium Development Goals
MICS / Multiple Indicator Cluster Survey
MNT / Maternal and Neonatal Tetanus
MoEST / Ministry of Education Science and Technology
MoH / Ministry of Health
MoPND / Ministry of Planning and National Development
MPET / Master Plan on Education and Training
NACADA / National Agency for the Campaign Against Drug Abuse
NCC / Nairobi City Council
NCCS / National Council for Children Services
NGO / Non-governmental Organisation
NHSSP / National Health Sector Strategic Plan
NPAN / National Plan of Action for Nutrition
NSHIF / National Social Health Insurance Fund
NSSMB / National Sports Stadia Management Board
ODA / Overseas Development Assistance
OPEC / Organisation of Petroleum Exporting Countries
OVC / Orphans and Other Vulnerable Children
PEPFAR / President's Emergency Plan for AIDS Relief
PMTCT / for Prevention of Mother to Child Transmission
PRSP / Poverty Reduction Strategy Paper
RAAAPP / Rapid Assessment, Analysis and Action Planning Process
SDP / Service Delivery Points
SID / Society for International Development
SIDA / Swedish International Development Agency
SMC / School Management Committee
SOWCR / State of the World’s Children Report
SWAP / Sector-wide Approach
UNAFEI / United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders
UNCRC / United Nations Convention of the Rights of the Child
UNDCP / United Nations Drug Control Programme
UNDP / United Nations Development Programme
UNESCO / United Nations Educational, Scientific and Cultural Organisation
UNFPA / United National Population Fund
UNHCR / United Nations High Commission for Refugees
UNICEF / United Nations Children’s Fund
UPE / Universal Primary Education
USAID / United States Agency for International Development
VCT / Voluntary Counselling and Testing
WHO / World Health Organisation

Tables

Figures

Foreword

NCCS, Prepare a foreword to be signed by Minister
Introduction

Kenya’a Socio-Economic, Demographic and Cultural

Takona & Ministry of Plaaning could provide this infor.
Cluster 1: General Measures of Implementation

CHAPTER ONE: GENERAL MEASURES OF IMPLEMENTATION

Article 4: Implementing the Children Act

LEGAL AND POLICY FRAMEWORK

The Kenya Government ratified the Convention on the Rights of the Child (CRC) on July 30, 1990, and in a bold step towards the domestication of the CRC, launched a process that culminated in the enactment of the Children Act (Cap 586 Laws of Kenya) that came into force on March 1, 2002. The enactment of The Children Act was widely seen as a new beginning for the development and effective protection of Kenya's children. The Children's Act codified and replaced three statutes: The Children's and Young Person’s Act (Cap 141), The Adoption Act (Cap 143), and The Guardianship of Infants' Act (Cap 144).

This statute ranks as a pioneering human rights' law in Kenya's legislative history and is currently the only legal instrument in Kenya that provides social, economic and cultural rights along with some protection of civil liberties. Among its key social welfare provisions is the guarantee of free basic education and the right to health care.

The Act establishes statutory structures to facilitate the administration and safeguard the rights of children, including the creation of the National Council for Children Services (NCCS), Children's Courts and institutions for the reception and care of children in need of care and protection. It requires local authorities to promote the best interests of children within their respective jurisdictions and prohibits discrimination on the grounds of origin, sex, religion, creed, custom, language, opinion, conscience, birth, social, political, economic or other status, race, disability, tribe, residence or local connection.

The Act also provides remedies in cases of violation of rights recognized by the Convention including severe penalties such as imprisonment, fines or both. There are also severe penalties for persons who obstruct a children’s officer or any other authorized officer in the execution of their duties in protecting the rights of the child.

A number of groups point to limitations inherent in the Act noting that health status and birth should be added to this listtheis list of grounds of discrimination in the spirit of the specific interests of orphans and vulnerable children (OVC). Other omissions and limitations include the following:

The Act does not specifically mention the right of vulnerable children to access free life-saving medical care, including access to emergency drugs such as anti-retroviral drugs (ARVs) even though it broadly guarantees the right to health and medical services.

Penalties provided under the Act are not severe enough to deter persons who target vulnerable children for purposes of abduction, trafficking and sale, sexual abuse, or other forms of exploitation.

The Government initiated a free primary education program enabling many children who were out of school to enroll. To domesticate the education-for-all goals as articulated in the Jomtien Conference of 1990, and further re-emphasized by the 2000 Dakar World Conference on Education, the Government has developed and launched a national plan on education-for-all for the period 2003 – 2015.

A uniform code of conduct for children’s officers and volunteer children's officers is now in place allowing standardized reporting procedures to be introduced. The children’s department through the Governance, Justice, Law And Order Sector (GJLOS) reform is promoting the rights of juvenile delinquents in rehabilitation schools and also strengthening law enforcement and rehabilitation programs. A first step has been the construction of holding facilities for children in conflict with the law in selected police stations during this financial year to ensure that children are held separately from adults. The program will be expanded in subsequent years. Child-friendly transportation for child offenders will become available with the purchase of vans for transport to and from courts and remand homes. A program for diverting children in conflict with the law from the judicial system is being piloted in Nairobi, Kisumu and Nakuru districts. Adoption rules have been developed and are at the Attorney General’s Chambers for drafting and publication in the Kenya Gazette.

Rules and regulations for the management and running of charitable children’s institutions have been drafted with the involvement of all stakeholders. These are awaiting presentation to the Minister in charge of children’s affairs for further action.

Other Acts with positive implications for the status of children have been passed since the last reporting including the Industrial Properties Act, the Persons with Disabilities Act, and the Criminal Law Amendment Act. The Domestic Violence (Family Protection) Bill and the Refugee and Displaced Persons Bill are already in Parliament for deliberation. However, The Children Act already has provisions for children in violent situations, children with disabilities, refugee and displaced children. The Labour Law Review Committee has also presented its report to the Attorney General for further consideration. The Report proposes the amendment of labour laws to protect children, inter alia.