Date of publication:

03/24/2025

Kenya

Do domestic laws and policies prioritize access to national social care services for unaccompanied and separated children, victims of trafficking in persons, survivors of gender-based violence, or other groups with specific needs and vulnerabilities?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Kenya’s legal framework includes protective measures for vulnerable individuals, including unaccompanied and separated children (UASC), victims of trafficking, and survivors of gender-based violence (GBV), through laws such as the Children Act, 2022, the Counter-Trafficking in Persons Act, and the Protection Against Domestic Violence Act. These laws establish child protection services, safe houses, trauma counseling, and legal assistance programs. Refugee children and survivors of trafficking or GBV can access state protection services, but implementation challenges exist, particularly in asylum-processing centers, refugee settlements, and urban areas, where access to safe shelters, psychosocial support, and long-term care remains limited. While humanitarian organizations work alongside government agencies to provide emergency services, the formal inclusion of refugees in Kenya’s national social care systems remains inconsistent. Strengthening cross-sectoral coordination between government agencies, refugee authorities, and humanitarian organizations would ensure that refugee survivors of exploitation, abuse, or separation receive adequate protection and care.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Children Act

    Legal provision

    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.

    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 Counter-Trafficking in Persons Act

    Legal provision

    Section 3 - Consent Irrelevant in Trafficking Cases:

    The consent of a victim of trafficking in persons to the intended exploitation shall not be relevant where any of the means set out in subsection (1) have been used.

    Section 3 - Definition of Trafficking in Persons

    A person commits the offence of trafficking in persons when the person recruits, transports, transfers, harbours or receives another person for the purpose of exploitation by means of— (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power or of position of vulnerability; (f) giving payments or benefits to obtain the consent of the victim of trafficking in persons; or (g) giving or receiving payments or benefits to obtain the consent of a person having control over another person.

    Protection Against Domestic Violence Act

    Legal provision

    Section 3 - Meaning of domestic violence

    This Act applies to all persons who are in a domestic relationship, including a child, and provides for the protection and relief of victims of domestic violence.

    Victim Protection Act

    Legal provision

    Section 2 - Definition of a Victim:

    ‘Victim’ means any natural person who suffers injury, loss or damage as a consequence of an offence.

    Section 9 - Rights of Victims:

    A victim has a right to— (a) be present at their trial either in person or through a representative of their choice; (b) have the trial begin and conclude without unreasonable delay; (c) give their views in any plea bargaining; (d) have any dispute that can be resolved by the application of law decided in a fair hearing before a competent authority or, where appropriate, another independent and impartial tribunal or body established by law; (e) be informed in advance of the evidence the prosecution and defence intends to rely on, and to have reasonable access to that evidence; (f) have the assistance of an interpreter provided by the State where the victim cannot understand the language used at the trial; and (g) be informed of the charge which the offender is facing in sufficient details.

    Section 10 - Right to Protection

    A victim has a right to— (a) be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse; (b) have their safety and that of their family considered in determining the conditions of bail and release of the offender; and (c) have their property protected.

    Section 12 - Victim Impact Statements:

    A victim of a criminal offence may make a victim impact statement to the court sentencing the person convicted of the offence, in accordance with section 329C of the Criminal Procedure Code and that statement may be considered by the court in determining the sentence of the offender.