Date of publication:

02/24/2025

Kenya

Do domestic laws and policies prevent and respond to violence, abuse and exploitation of forcibly displaced and stateless children?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

Kenya has established a comprehensive legal and policy framework aimed at protecting all children within its jurisdiction from violence, abuse, and exploitation. This framework encompasses forcibly displaced and stateless children, ensuring their rights and well-being are safeguarded. Key legislative instruments and policies provide mechanisms for prevention, protection, and response to various forms of child maltreatment.

 Kenya has established various mechanisms:

  • Child Protection Units: Located within police stations, these units provide a safe environment for children and facilitate the handling of cases involving child victims or offenders.
  • National Council for Children's Services: This body advises the government on child protection issues and collaborates with stakeholders to monitor and evaluate child welfare programs.
  • Children Court Users Committees (CCUC): These committees bring together key stakeholders in the child justice system, including judicial officers, law enforcement, social workers, and child welfare organizations. They ensure a coordinated approach to handling cases involving children and improving the efficiency of child justice processes.
  • Directorate of Children Services (DCS): The DCS plays a central role in safeguarding and protecting children's rights in Kenya. It oversees child welfare services, responds to cases of abuse, neglect, and exploitation, and implements programs to support vulnerable children.
  • Partnerships with International Organizations: Kenya collaborates with entities like UNICEF and UNHCR to enhance the protection of vulnerable children, including those who are forcibly displaced or stateless.
    LAW & POLICY

    Related provisions of domestic law or policy

    The Children Act

    Legal provision

    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 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.

    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.

    The Prevention, Protection and Assistance to Internally Displaced Persons and Affected Communities Act

    Legal provision

    Section 5 - Prevention of displacement

    (1) Subject to the Constitution, the Government and any other organization, body or individual shall guard against factors and prevent and avoid conditions that are conducive to or have the potential to result in the displacement of persons. (2) The Government and any other organization, body or individual shall prevent internal displacement in situations of armed conflict, generalized violence, human rights 'olations, natural or human-made disasters and deve',)pment projects. (3, The Government shall raise public awareness, undertake sepsitization, training and education on the causes, impact and consequences of internal displacement and means of prevention as provided for in sections 17 20 of this Act. (4) The Government shall establish a prevention mechanism charged with monitoring areas inhabited by persons aj risk of displacement, periodical reporting on the situation in such designated areas and early warning issued to the Cabinet Secretary and the Chair of the Committee for further action to prevent internal displacement.

    Section 7 - Preparedness and mitigation

    Subject to the Constitution, the Government shall put into place measures and structures to prepare for emergency disaster and ensuing internal displacement and mitigate its consequences

    National Prevention and Response Plan on Violence Against Children, 2019-2023

    Legal provision

    National Prevention and Response Plan on Violence Against Children, 2019-2023 - Generic

    National Prevention and Response Plan on Violence Against Children, 2019-2023 - Generic