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hazardous or exploitative labour; to parental care and protection, which
includes equal responsibility of the mother and father to provide for the
child, whether they are married to each other or not; and not to be
detained, except as a measure of last resort, and when detained, to be
held for the shortest appropriate period of time; and be separated from
adults and in conditions that take account of the child’s sex and age.
Article 53(2) of the Constitution provides that “[a] child’s best interests are
of paramount importance in every matter concerning the child”.
2) The Children Act, 2001 is currently under review to align it with the
Constitution of Kenya. It makes provisions for the care and protection
of children in Kenya including: parental responsibility, fostering,
adoption, custody, maintenance, guardianship, care and protection
of children; administration of children's institutions.
It gives effect to the principles of the Convention on the Rights of the
Child and the African Charter on the Rights and Welfare of the Child for
connected purposes. Under this Act, a child is "entitled to protection
from physical and psychological abuse, neglect and any other form of
exploitation including sale, trafficking, or abduction by any person.
Part VI of the Act establishes Children's Courts to conduct both civil and
criminal proceedings on matters involving the care and protection of
children, and Section 127 makes it an offense for "any person who has
parental responsibility, custody, charge or care of any child" to (a) "wilfully
assault, ill-treat, abandon, or expose, in any manner likely to cause him
unnecessary suffering or injury to health (including injury or loss of sight,
hearing, limb or organ of the body, an any mental derangement); or (b)
by any act or omission, knowingly or wilfully cause that child to become,
or contribute to his becoming, in need of care and protection."
3) Penal Code (Cap.63 Laws of Kenya)–Defines the penal system in
Kenya, outlining criminal offences and prescribing penalties. The Penal
Code protects children by classifying acts and omissions which
amount to child abuse as punishable offences.
4) Sexual Offences Act, 2006–The main law dealing with sexual offences
in the country including those involving children. It provides for the
prevention of and protection of children from harmful and unlawful
sexual acts. It prescribes stringent penalties for defilement of children
depending on the age of the victim. It also provides for child-friendly
5) Matrimonial Causes Act (Cap 152, Laws of Kenya)– consolidates all
the laws relating to matrimonial cases. It is important as it protects
children by providing for maintenance and custody of children whose
parents’ marriage is dissolved.