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
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.
A child shall not be deprived of his or her liberty or otherwise treated in a manner contrary to Articles 29(f) and 51 of the Constitution, except in accordance with the Persons Deprived of Liberty Act (No. 23 of 2014).
No person shall subject a child to hostilities, social strife or recruitment in armed conflict, whether internal or cross border.