Date of publication:

08/21/2025

Kenya

Do domestic laws and policies provide mechanisms to identify unaccompanied and separated children?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya’s domestic laws and policies emphasize the protection and well-being of separated and unaccompanied children, recognizing the critical need for identification, family tracing, and reunification. The Children Act, 2022, serves as the primary legal framework governing child protection, outlining specific provisions for the care, custody, and support of vulnerable children, including those who have been separated from their families due to conflict, displacement, or other humanitarian crises.

In addition to the Act, national guidelines and policies—developed in collaboration with government agencies, child protection organizations, and international bodies such as UNHCR, UNICEF, and IOM—provide structured mechanisms for identifying, registering, and tracing the families of unaccompanied minors. These efforts align with Kenya’s obligations under international legal instruments, including the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child, which mandate states to ensure that unaccompanied and separated children receive appropriate care and protection.

Family tracing programs involve coordinated efforts between government agencies, refugee protection organizations, and community networks to locate and reunite children with their families whenever possible. In cases where reunification is not feasible, alternative care arrangements—such as foster care, guardianship, or institutional care—are implemented to ensure the child's safety and well-being.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Children Act

    Legal provision

    Section 119.1 - Children in Need of Care and Protection

    For the purposes of this Act, a child is in need of care and protection if— (a) the child has been abandoned or orphaned and is without any visible means of support; (b) the child is exposed to domestic violence; (c) the child is engaged in any work likely to harm the child's health, education, or development; (d) the child is subjected to female genital mutilation or early marriage; (e) the child is a victim of trafficking; (f) the child is in the custody of a person who has been convicted of a crime against a child; (g) the child is living or begging in the streets; or (h) the child is exposed to any circumstances likely to interfere with the child's physical, mental, or social development.

    Section 64 - Child Protection Units

    (1) There shall be established child protection units in police stations, which shall be designated by the Inspector-General, to handle cases involving children. (2) The child protection units shall be staffed by police officers who have relevant training in child protection and child rights.

    Child Welfare Society of Kenya (CWSK)

    Legal provision

    Child Welfare Society of Kenya (CWSK) - Generic

    Child Welfare Society of Kenya (CWSK) - Generic

    Guidelines for the Alternative Family Care of Children in Kenya

    Legal provision

    Guidelines for the Alternative Family Care of Children in Kenya - Generic

    Guidelines for the Alternative Family Care of Children in Kenya - Generic