Last Change:

04/07/2025

The Children Act

Year: 2022

Type: Domestic law

Rights Category: Education, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation

Description

The Children Act, 2022 of Kenya is a comprehensive legal framework that safeguards the rights, welfare, and protection of children. It aligns with international standards, such as the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The Act guarantees children's rights to education, health, protection from abuse, and legal recognition through birth registration. It addresses alternative care for children without families, prohibits exploitative labor, and establishes child protection units within law enforcement. This Act emphasizes the shared responsibility of parents, guardians, and the state to ensure children's well-being and development.

Selected provisions
Section 13 - Right to Education:

(1) Every child has the right to free and compulsory basic education, which shall include quality services and programs in early childhood, primary and secondary education.
(2) It shall be the responsibility of the Government and the parents to provide education to the child.
(3) The Government shall take measures to ensure that children from marginalized, vulnerable or disadvantaged groups have equal access to education.

Section 16 - Right to Health

(1) Every child has the right to healthcare, which includes the right to health and medical care, the provision of which shall be the responsibility of the Government and the parents.
(2) No child shall be subjected to medical or scientific experimentation without the child's informed consent, or that of a parent or guardian, and the child's assent where applicable.

Section 7 - Registration of Births

(1) Every child has the right to a name and nationality and, as far as possible, the right to know and be cared for by their parents.
(2) Every child has the right to be registered in the Register of Births immediately after birth in accordance with the Births and Deaths Registration Act.

Section 65 - Alternative Care

(1) The Cabinet Secretary shall make regulations for the establishment, registration, management, and inspection of charitable children's institutions and other institutions having custody of children.
(2) A person shall not establish or operate a charitable children's institution or any other institution having custody of children unless the institution is registered in accordance with regulations made under this Act.

Section 31 - Parental Responsibility

(1) Parental responsibility in relation to a child means all the duties, rights, powers, responsibilities, and authority which by law a parent of a child has in relation to the child.
(2) The duties referred to in subsection (1) include the duty to—
(a) maintain the child and in particular to provide the child with—
(i) adequate diet;
(ii) shelter;
(iii) clothing;
(iv) medical care including immunization; and
(v) education and guidance;
(b) protect the child from neglect, discrimination, and abuse;
(c) provide parental guidance and direction; and
(d) provide discipline and ensure that the child is not subjected to corporal punishment or any other form of degrading treatment.

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.

Section 18 - Prohibition of Child Labor

(1) A child shall be protected from economic exploitation and any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral, or social development.
(2) No child shall take part in hostilities or be recruited in armed conflicts.

Section 8.1 - Best Interests of the Child

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall be a primary consideration.

Section 8.2 - Best Interests of the Child

All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to— (a) safeguard and promote the rights and welfare of the child; (b) conserve and promote the welfare of the child; and (c) secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.

Section 53.1 - Protection from Abuse, Neglect, and Harm

A child shall have the right to be protected from all forms of violence, abuse, neglect, harmful practices, and any other acts or omissions that may affect their well-being.

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