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Kenya - Consideration of reports submitted by States parties under article 44 of the Convention: Combined third, fourth and fifth periodic reports of States parties due in 2012 [2015] UNCRCSPR 10; CRC/C/KEN/3-5 (30 March 2015)
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United Nations
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CRC/C/KEN/3-5
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|
Convention on the Rights of the Child
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Distr.: General 30 March 2015
Original: English English,
French and Spanish only
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Committee on the Rights of the Child
Consideration of reports submitted by States parties under
article 44 of the Convention
Combined third, fourth and fifth periodic reports
of States
parties due in 2012
Kenya[*]
[Date received: 2 September 2013]
Contents
Paragraphs Page
Preamble 1 3
I. Follow-up to the concluding remarks of the Committee 2–131 3
Cluster 1: General measures of implementation 3–27 3
Cluster 2: Definition of the child 28 6
Cluster 3: General principles 29–37 6
Cluster 4: Civil rights and freedoms 38–44 8
Cluster 5: Family environment and alternative care 45–55 9
Cluster 6: Basic health and welfare 56–88 10
Cluster 7: Education, leisure and cultural activities 89–93 14
Cluster 8: Special protection measures 94–131 15
II. Comprehensive national programme monitoring 132–181 19
A. Legal and policy framework 132–134 19
B. Programme monitoring 135–181 19
III. Key highlights on statistical data 182–203 25
IV. Factors and difficulties 204–218 28
A. Child poverty 204 28
B. Resource allocation 205–206 28
C. Public debt 207 29
D. Enforcement of legal and policy instruments 208 29
E. Enforcement of civil rights and freedoms 209–211 29
F. Access to delivery and post-natal care services 212–213 29
G. Children with disabilities 214 29
H. HIV and AIDS 215 30
I. Access to education 216–218 30
V. Way Forward 219–235 30
Annexes
Annex 1 – List of Acronyms 32
Annex 2 – References 35
Statistical Annex[*]
Preamble
- Kenya
is a State Party to the Convention on the Rights of the Child which it ratified
on 30th July1990.[1] This report is
submitted in accordance with article 44 of the Convention which obligates
the State Party to submit an initial report
two years after ratification of the
Convention, and periodic reports every five years thereafter. The State Party
submitted its first
and second reports in 1998 and 2004, respectively. The State
Party welcomed the position of the United Nations Committee on the Rights
of the
Child (UNCRC) that its third periodic report be combined with the fourth and
fifth periodic reports and be submitted by September
2012. The State Party
considered the concluding observations of the Second report and responses to
these remarks are included in
this
report.
I. Follow-up to the
concluding remarks of the Committee
- The
State Party considered all the recommendations contained in the
Committee’s concluding observations on its initial and the
second reports
and addressed them as
follows:
Cluster 1: General
measures of implementation (arts. 4, 42 and 44)
Legislation
- The
State Party has considered the recommendations made by the UNCRC and taken
specific actions to address the issues raised. Actions
taken by the State Party
include:
(a) Development of a National Children Policy (2008) which
addresses matters concerning orphans and vulnerable children.
(b) Draft amendments to the Children Act 2001 to address the noted
inconsistencies and weakness therein and further ensure it is in
congruent with
Article 53 of the Constitution of Kenya 2010.
Coordination and
national plan of action
- The
State Party has had a National Plan of Action (NPA) for the period
2008–2012. Plans are underway to develop the next Plan
of Action for
2013–2022.
- The
Ministry of Gender, Children and Social Development (MGC&SD) is the primary
Ministry offering services to children in need
of care and protection through
the Department of Children’s Services (DCS). The DCS coordinates and
supervises services aimed
at promoting and protecting the wellbeing of children
and their families. The DCS works closely with development partners and
non-State
actors who complement the State Party programmes for the
implementation of the goals set by the United Nations General Assembly in
the
“World Fit for Children” guidelines.
- The
National Council for Children’s Services (NCCS) was established under
Section 30 (1) of the Children
Act[2] to exercise general supervision
and control over planning, financing and coordination of child rights activities
and to advise the
State Party on all aspects relating to
children.[3] The Council is composed
of representatives from relevant Government ministries, NGOs, FBOs, and the
private sector. The State Party
has put in place mechanisms to ensure
independent operation of the Council.
- The
functions of the NCCS are cascaded to the local levels through Area Advisory
Councils (AACs) at district, division and location
levels. The AACs have similar
membership as NCCS. The operation of the AACs is guided by the principles of the
best interests of
the child, the right to protection, survival, participation
and development.[4] The overall role
of AACs is to co-ordinate children activities in their area of jurisdiction. To
date there are 153 districts with
AACs across the country. Plans are under way
to ensure that AACs are part of the devolved government structure at the county
level.
- The
State Party, through the NCCS, in its effort to strengthen co-ordination, has
developed various regulations and guidelines. This
includes the Child
Participation Guidelines 2007, Charitable Children’s Institutions (CCI)
Regulations 2005, Adoption Regulations
and Guidelines 2005, the
Operationalization of the AAC’s Guidelines 2006, Area Advisory Council
Training and Resource Manual
2007, and the Framework for National Child
Protection System,
2011.
Independent
monitoring and independent human rights organizations
- The
Kenya National Commission on Human Rights (KNCHR) was established in 2003 to
replace the Standing Committee on Human Rights. Under
the Constitution of Kenya
2010, Article 59, KNCHR was replaced by Kenya National Human Right and
Equality Commission (KNHR&EC). KNHR&EC is
mandated to oversee the
promotion and observance of human rights in the country and to promote equality
and freedom from discrimination
in accordance with Article 27 of the
Constitution alongside other related mandates. There are currently 30 members of
staff and 9 commissioners. The budget allocation has been increasing
every year.
For example in 2004, it was Ksh 50 million and in 2006/2007, it doubled to
Ksh 107 million. The Commission has one commissioner
in charge of children
affairs.
- The
other commissions relevant to children rights are the National Gender and
Equality Commission and the Commission on Administrative
Justice. These
commissions are mandated to act as watchdogs over the State role to protect and
promote human
rights.
Allocation
of resources
- The
State Party has continued to increase budgetary allocation to the children
services progressively over reporting the period from
Ksh 501,529,674 to Ksh
3,910,401,109 between 2005/2006 and 2010/2011.
- With
technical assistance from UNICEF, the State Party has instituted “social
budgeting”, with a child’s rights
perspective on a pilot basis. This
began in three districts in 2005, and had been extended to 10 districts by
2010.
- The
State Party notes that no measures have been taken on budget tracking from a
child’s rights perspective whether at the national
level in the devolved
government structures.
- The
“Cancel Debt for Children Campaign”, spearheaded by civil society
organizations, did not realize the intended results.
Nevertheless a lot of
awareness on Kenya domestic and external debts has been created.
- The
State Party has put in place legal regimes which protect and promote the rights
of children from extreme forms of poverty. Some
of these include Free Primary
Education, Free Day Secondary Education, Constituency Development Fund (CDF),
and Cash Transfer for
Orphans and Vulnerable Children (CT-OVC).
- Under
Articles 4, 23, and 26 of the Convention, the State Party has made
commitments to take measures in collaboration with international
development
partners to ensure the rights of children to survival, participation, protection
and development are fulfilled. In this
regard, the State Party has worked hand
in hand with partners under the Kenya Joint Assistance Strategy 2007–2012
to contribute
to the implementation of the Millennium Development Goal Number
One – Eradicate Extreme Poverty and Hunger. The partners include
the World
Bank, USAID/APHIA II, DFID, and United Nations Agencies among others.
- Kenya
is committed to promoting gender equality and equal access to basic social
services, such as education, nutrition, health care,
reproductive health care,
immunizations, and protection from diseases and to mainstreaming gender in all
development policies and
programmes.
Data
collection
- The
State Party has made some progress in centralizing data collection and
dissemination through platforms such as
KENINFO[5] and the Kenya National
Bureau of Statistics (KNBS). The KNBS coordinate National Statistical System to
strengthen data management.
Through this it is able to produce publications such
as Violence Against Children Survey, Kenya Population and Housing Census, Kenya
Demographic and Health Survey (KDHS), Persons with Disability Survey, Kenya
Integrated Household Budget Survey, Kenya Aids Indicator
Survey, Multiple
Indicator Cluster Survey (MICS) and Labour Force survey.
- The
National Council for Children Services (NCCS) is developing a national children
database with technical assistance from the International
Labour Organization
(ILO).
Cooperation
with civil society
- The
NCCS, comprising State actors, NGOs, FBOs and the private sector, has as part of
its mandate been monitoring the implementation
of the State Party’s
regional and international obligations and facilitating the preparation of
appropriate reports. The Council
meets four times a year.
- At
the grassroots level, the AACs are established by NCCS. They have similar
membership composition as at the national level and are
charged with the
responsibility of addressing the plight of children. The State Party, through
the Ministry of Gender, Children and
Social Development, has endeavoured to
engage the civil society organizations, children and other stakeholders in the
implementation
of the Convention. In this regard a national steering committee,
comprising the State and non-State actors, including NGOs, FBOs,
was formed in
2003 to monitor implementation of the Convention.
Dissemination
and training
- In
2008, a high-level workshop involving more than 200 key policy makers was held
to disseminate the State Party’s second report
and the UNCRC’s
concluding remarks and observations. Thereafter, district forums to disseminate
the State Party’s second
report and the concluding observations were
held.
- The
State Party has continued to provide training on the Convention to teachers,
judicial officers, AAC members, chiefs, children’s
officers, law
enforcement personnel, school administrators, health personnel, psychologists,
social workers, staff of childcare institutions,
traditional or community
leaders and children’s services providers among others. This training has
further been complimented
by non-State actors who have disseminated the
Convention widely, including translating it from English to Swahili. The State
Party
has further supported training and forums for children with special needs
and translated the Children Act into Braille.
- The
Ministry of Education has also been implementing a child rights curriculum at
preschool and primary school teacher training levels,
and in the training
curriculum of the Police officers in Kenya.
- The
State Party, in collaboration with non-State actors, has developed and
disseminated child-friendly materials and documents relating
to the Convention.
These include the Convention on the Rights of the Child, the African Charter on
the Rights and Welfare of the
Child and the Children Act 2001.
- The
State Party has also infused children’s rights in the training of
magistrates, judges and at the Faculty of Law of the university.
- The
hoteliers have been sensitized on commercial sex exploitation of children and
sex tourism. Some hoteliers at the Kenyan coast
have signed the
“International Code of Conduct for the Protection of Children in Travel
and Tourism Kenya”. Other stakeholders
who have signed this code of
conduct include the Association of Hotels Keepers and Caterers, Kenya Tourism
Federation, Coast Tourist
Association, Kenya Tourism Board and the Association
of Tour
Operators.
Cluster
2: Definition of the child (art. 1 of the Convention)
- The
State Party wishes to state that the Constitution of Kenya and the Children Act
2001 have resolved the issue of legal age for marriage of girls and boys. The
Constitution prohibits marriage of persons under the age of eighteen (18) years.
In addition the Marriage Bill 2011 seeks to consolidate all marriage
laws in
Kenya to further remove any discriminatory provisions with respect to boys and
girls.
Cluster
3: General principles (arts. 2, 3, 6 and 12 of the Convention)
- The
State Party has taken the following actions on the issues raised under general
principles:
(a) The Constitution of Kenya, Article 53 (1) (e)
assigns parental responsibility to both parents whether they are married or not.
This provides for protection
of children born out of wedlock;
(b) Article 56 specifically deals with minority and marginalized
groups;
(c) Article 14 (1) states that a child born to a Kenyan citizen, whether
or not the child is born in Kenya, shall acquire Kenyan citizenship
as long as
either the mother or father is a Kenyan citizen;
(d) Article 56 of the Constitution further provides that any unknown
child found in Kenya who is or appears to be eight (8) years of age is presumed
to be a citizen
by birth;
(e) The Kenya Citizens and Foreign Nationals Management Service Bill 2011,
further provides for a framework that protects the right
to identity for all
people;
(f) The National Gender and Equality Commission Act of 2011, emphasizes
non-discrimination;
(g) Draft amendments to the Children Act seek to harmonize various
legislation relevant to children rights and align them to the Constitution;
(h) The Prohibition of Female Genital Mutilation Act, 2011, protects the
rights of the girl child against FGM.
- The
Constitution of Kenya (Art. 27) and the Children Act 2001 (Sect. 5)
have outlawed discrimination of children on grounds of social economic status,
birth, sex, religion, colour, race, tribe, disability among others. The
constitution has therefore addressed issues raised in the
World Conference
Against Racism.
- The
Persons with Disabilities Act 2003, Section 5 outlaws discrimination of
children on any grounds including disability. The Act
also provides that no
child with a disability shall be denied the right to education as provided for
in the Children Act 2001, and
the Convention.
- The
State Party established the HIV and AIDS Tribunal in 2011. The Tribunal is
authorized to hear and determine complaints or appeals
arising from any breach
of the HIV and AIDS Prevention Act 2006 excluding criminal jurisdiction. The
Tribunal has powers to address
fundamental human rights abuses resulting from an
individual’s HIV status and come up with remedies to redress the
injustices.
It also has the power to award damages in respect of any proven
financial loss or impairment of dignity, pain or emotional and psychological
suffering as a result of discrimination.
- In
addition, the National Cohesion and Integration Act, 2008 provides for the
establishment of the National Cohesion and Integration
Commission with the
mandate to facilitate and promote equality of opportunity, harmony and peaceful
coexistence between persons of
different ethnic and racial backgrounds in Kenya
and to advice the State Party thereof.
- The
State Party acknowledges that several civil society organizations with the
support of development partners are undertaking awareness
campaigns against all
forms of discrimination against children and
women.
Best
interests of the child
- The
principle of the best interests of the child has been enshrined in the
Constitution and the State Party will continue to adhere to the principle of the
best interests of the child in all situations.
Respect
for the views of the child
- The
State Party through the Department of Children’s Services (DCS) and
various Area Advisory Councils had facilitated participation
of children in
development of policies at the sub-national and national levels. In this regard,
the DCS has established Children
Assemblies in all counties (47) while Children
Voices platforms managed by Civil Society Organizations are annually held at
regional
level. Respect for the views of children has improved since the last
reporting period. Children are allowed to give their views during
judicial
proceedings, in schools, and in the community forums. Child Rights Clubs and
Student Councils in Secondary schools have
also been established in many
areas.
- The
State Party through NCCS has formed a Child Participation Committee at the
national level, printed more than 22,000 copies of
the National Child
Participation Guidelines. These have been disseminated to stakeholders in the
children sector and to children
for their own use. Child friendly school
guidelines have been distributed to schools through Ministry of Education.
Cluster
4: Civil rights and freedoms (arts. 7, 8, 13–17, 19 and 37(a) of the
Convention)
Birth
registration
- The
State Party through the Department of Civil Registration has taken the following
actions to improve birth registration of all
children:
(a) Increased
the number of civil registration offices from 69 in 2005 to 112 by the end of
2011;
(b) The Births and Deaths Registration Act is under review to align it with
the Constitution.
- There
has been substantial increase in actual registration of birth of children
between 2005 and 2010 rising from 541,664 to
749,693.[6] This is a result of
intensive campaigns undertaken by the State Party and the policy to make it
mandatory for all children to acquire
a birth certificate before sitting for
national examinations at the end of primary school and secondary school cycles.
Torture
or other cruel, inhuman or degrading treatment or punishment
- The
State Party has instituted comprehensive reforms in the Police Service under the
on-going police service reforms. The term “police
force” has been
changed to “police service” to reflect the new thinking. The
National Police Service Act 2011(Art.
95 (1)), among other things,
provides that no person shall be subjected to torture or other cruel and
degrading treatment. In Article
10 (1), paragraph (o), the Act
provides for an independent complaints mechanism where one feels aggrieved by
the force.
- The
State Party has established a toll-free hotline to police stations (999/112), a
toll-free child help line (116) for children in
distress and
children’s/gender desks in all police stations, including Child Protection
Units (CPUs), in 14 police stations
to serve children in need of protection.
- From
2008 to 2011 the State Party initiated and piloted a legal aid and awareness
programme for child victims of abuse and children
in need of care and
protection. From the lessons learnt, a National Legal Aid Bill and Policy have
been prepared and are at an expert
review level.
Corporal
punishment
- The
National Children’s Policy (NCP) 2008, Section 53 (I) prohibits
corporal punishment for children. It has been outlawed in
schools through Legal
Notice No. 56 of 2001 issued by the Ministry of Education (MOE). In
addition, Article 29 (e) and (f) of the
Constitution of Kenya
prohibits corporal punishment, cruel, inhuman and degrading treatment.
Furthermore, there are proposals to amend Section
18 of the Children Act
2001 to prohibit the administration of unreasonable punishment at home and in
institutions that provide alternative
care for children as well as to align it
with the provisions in the NCP, 2008.
- The
State Party launched the Framework for the National Child Protection System for
Kenya, established the National Child Protection
Committee to look into ways of
eradicating corporal punishment, and in partnership with non-State actors, has
facilitated intensive
awareness campaigns on corporal punishment.
Cluster
5: Family environment and alternative care (arts. 5, 18 (paras. 1 and 2),
9–11, 19–21, 25, 27 (para. 4) and
39 of the
Convention)
Family
support
- The
State Party has endeavoured to support children in their family setting and
under alternative care such as foster care or adaption.
It has ratified the
Hague Convention on Protection of Children and Co-operation in Respect of
Intercountry Adoption.
- The
State Party increased the number of Children’s Officers from 432 in 2003
to 581 in 2010 and opened offices in 154 out of
288 districts. Those offices and
other non-State actors offer parenting education.
- On
maternity and paternity leave, the State Party wishes to state that the
Employment Act 2007[7] has provided
for enhanced maternity leave for women in Kenya for up to three months, plus
annual leave and paternity leave for two
weeks.
Alternative
care
- The
State Party has developed a Policy on Social Protection which has provisions for
vulnerable populations, including children. The
policy focus areas
include:
(a) Reduction of extreme poverty;
(b) Provision of cash transfers for those who cannot support themselves;
(c) Emphasis on long-term and predictable interventions for the poor and
excluded groups;
(d) Incorporation of asset creation and support for the vulnerable
groups.
- The
State Party has management guidelines and regulations for Charitable
Children’s Institutions (CCI), as well as a training
manual and best
practice standards for CCIs. The State Party is also taking steps to amend the
Foster Care rules (Section 153 of
the Children Act) to ensure that they are
understood clearly.
- The
State Party is aware of the need to harmonize provisions dealing with adoption
and the fourth schedule of the Children Act and
will report on progress in its
next periodic report to the UNCRC.
- The
Judiciary has established within its structures of the High Court, a specialized
“Family Division” to handle diverse
family’s issues, including
property inheritance rights of orphans and widows.
- The
State Party has scaled up the Cash Transfer to OVC from 3,000 households in 13
districts in 2005/06 to cover 124,991 households
in 28 districts by
2010/11.[8] The State Party has
provided training to chiefs, police officers and local leaders on children
rights, the Constitution, and the protection of rights of properties that belong
to orphans. It has improved alternative care services, including information
sharing with all actors in the child rights sector. By 2010, the State Party had
trained 4,704 professionals on children rights.
- The
CCI regulations contain provisions for setting up an independent complaint
mechanism for children in institutions.
Adoption
- The
State Party has developed and implemented the adoption regulations, which are
currently under review to be in line with the Hague
Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption. It has
established a vibrant National
Adoption Committee and a Secretariat to oversee
alternative family care placements. The State Party also wishes to acknowledge
the
technical assistance offered by the Hague Secretariat in 2007 and
2011.
Abuse
and neglect, ill-treatment and violence
- The
State Party has established offices in 154 out of 288 districts where
Children’s Officers and AACs are actively handling
child protection
matters. It has also set up a number of institutional mechanisms designed to
ensure that children who interact with
the justice system are protected
accordingly. These include;
(a) Children Courts;
(b) Child Protection Units at Police Stations;
(c) Progressive gazettement of children’s magistrates;
(d) A child helpline number 116, established to enhance quick responses to
children in distress and in need of assistance;
(e) Call centres in Eldoret, Garissa and Nairobi with 64 trained
professionals and volunteers;
(f) Community services for child offenders and children in conflict with
the law;
(g) Community police services to enhance quick responses to children in
distress as result of abuse or neglect;
(h) Appointment of women police officers to respond to cases relating to
physical, emotional and sexual abuse of girls.
Cluster 6: Basic
health and welfare (arts. 6, 18 (para. 3), 23, 24, 26 and 27
(paras. 1–3) of the Convention)
Children with
disabilities
- The
State Party launched the Special Needs Education policy framework on 11th March
2010. This has led to increased enrolment of children
with disabilities into
primary or integrated units, from 255,650 in 2007 to 272,911 in
2008.[9]
- The
State Party has established 345 sub-district disability assessment centres and
52 district-based Educational Assessment and Resource
Services (EARS). In
addition, there are guidelines for early identification and referral for
children with disabilities and special
needs. In essence, these services have
been taken close to the communities. However, the number of children taken for
assessment
and placed in education programs is still small compared to those
whose parents have not taken advantage of these facilities. This
is partly
attributed to ignorance and apathy by parents.
- The
National School Health Policy 2009 has addressed the physical environment in
schools, sports and leisure facilities. The State
Party also offers training at
Kenya Institute for Special Education (KISE) for teachers who are eventually
posted to both primary
and secondary schools to teach children with special
needs.
- The
State Party together with CSOs and National Council for Persons with Disability
have regular awareness programmes for children
with disabilities to reduce
stigmatization, and at the same time encourage parents to seek medical and
education services for their
children. The awareness campaign has contributed to
increased enrolment of children with special needs in primary, secondary and
vocational training centres.
- The
National Council for Persons with Disability (NCPWD) has published, The Persons
with Disability Act 2003 in simple readable language
including Braille and
circulated it widely in Kenya.
- On
programmatic interventions, the State Party launched a Cash Transfer Program in
2010 to assist households with disabled persons
and children. This programme is
still on pilot basis and will be scaled up progressively.
Health
and health services
(a) Increase funding to the health sector
- Government
allocation increased from Ksh 28.93 billion in 2005/06 to Ksh
47.93 billion in 2009/2010.
(b) Reduce infant
mortality
- Within
this reporting period, full immunization of children aged 12–23 months
increased from 57 per cent to 77 per cent (2003–2008/09)
while
immunization against measles for children aged 12–23 months rose from 73
per cent to 85 per cent during the same period.
- In
2011 the State Party also added pneumococcal vaccine to the national
immunization schedule. In the reporting period the State Party
has distributed
over 13.5 million insecticide treated mosquito nets and continues to
provide the same at MCH clinics to pregnant
women and infants in high risk
districts. Other measures to address malaria are indoor residual spraying and
use of Artemisinin Combination
Therapies.
(c) Reduce distances
to health facilities
- There
has been a significant increase of primary health care facilities under the
strategic plan for rationalization of health care
services in level 3 and
4. To this effect, the number of health facilities increased from 4,912 to 7,111
between 2005 and 2010.[10] Rift
Valley province recorded the highest number of health facilities at 1,867 in
2010 while North Eastern had the lowest number
at 264 during the same year
- The
State Party wishes to state that the provision of health services is a major
concern and hence it has established the health policy
framework which supports
and encourages other health providers to set up health facilities in underserved
communities and especially
in rural and remote areas including urban informal
settlements areas. Under the Economic Stimulus Programme funds has been
allocated
for construction of a Health Centre in 200 Constituencies. This was
accompanied with constituency based yearly hiring of Health workers.
The State
Party also works in partnership with FBOs, NGOs and private health providers as
indicated in statistical data in the
annex.[11]
(d) Nutrition
status of children under five years of age
- It
is policy for children 6–59 months to receive Vitamin A every month.
- Exclusive
breastfeeding rates have also increased from 13 per cent in 2003 to 32 per cent
in 2008/09.
(e) Safe
clean drinking water and sanitation
- Safe
clean drinking water is no doubt a fundamental human right. In this regard the
State Party increased access to clean water sources
from 74 per cent to 91 per
cent in urban areas and 32 per cent to 54 per cent in rural areas between 2003
and 2008/09 (KDHS 2003
and 2008/09 Report).
(f) Sanitation
- Sanitation
improved from 95 per cent to 99 per cent in urban areas and from 79 per cent to
84 per cent in rural households between
2003 and
2008/09.[12] This is underscored by
the constitutional provision in Kenya which states in section 43 (1) (b)
that “every person has the
right to accessible and adequate housing and to
reasonable standards of sanitation.”
Adolescent
health
- The
KNBS which is the main State Party Institution that collects and collates
statistical data in its Demographic and Health Survey
2008/09 incorporated
issues concerning adolescent health, teenage pregnancy and ability to access
services. This information has
provided an avenue for planning for the
adolescent health programmes and policies.
- The
State Party through the Ministry of Education has designated teachers who offer
counselling in schools to prevent unwanted pregnancies.
Reproductive health (Sex
Education) is taught in primary and secondary schools as part of Social Studies
and Ethics.
- The
State Party has through the Ministry of Education issued a circular that allows
teenage mothers to go back to school. This circular
although a way forward to
ensuring that rights of adolescent mothers are respected, has been undermined by
the stigmatization of
young mothers which deters them from returning to school.
The State Party however has made all necessary efforts to ensure that girls
who
are victims of unwanted pregnancies are not stigmatized nor denied re-entry
opportunity by school administrators.
HIV/AIDS
- The
State Party developed the National HIV/AIDS Strategic plan (2009/10 to 2012/13)
which has a PMCTC component and the National Guidelines
on Prevention of Mother
to Child Transmission. Between 2003 and 2007 the proportion of women attending
Antenatal Care (ANC) who got
tested for HIV increased from 45 per cent to 70 per
cent.[13] PMTCT services are free in
government facilities. The Ministry of Health has also adapted WHO guidelines on
infant and young child
feeding in the context of HIV, promotes breastfeeding
with use of Anti-Retroviral Therapy (ARVs) to protect infants, and early infant
diagnosis. During this reporting period children accessing ART treatment
increased from 1,500 in 2005 to 36,000 in 2010 and 48,000
in 2011.
- The
State Party is committed to scale up its financial budget in order to meet the
Abuja commitment as well as increase pediatric
services to children infected by
HIV and AIDS.
- Several
non-state actors, National Aids Control Council, Ministry of Public Health and
Sanitation and Ministry of Education have continued
to undertake awareness
programmes on adolescent reproductive health to reduce incidences of sexual
harassment, teenage pregnancies
and sexual violence, and stigmatization related
to HIV and Aids including prevention of HIV.
- The
State Party has developed the National Programme Guidelines on orphans and other
children made vulnerable by HIV and AIDS. In
addition HIV and AIDS information
has been included in primary teacher training curriculum and the school
syllabus.
- The
Cash Transfer programme for Orphans and Vulnerable Children resources increased
from Ksh 48 million to Ksh 816 million between
2006 and
2010.[14]
- The
National AIDS Control Act 2006 prohibits discrimination against people living
with HIV and AIDS.
- Pregnant
women and children under the age of five years are entitled to free medical
services including access to ARVs in public health
facilities. This is further
subsidized by faith based institutions and other institutions specializing in
providing health services
to people living with HIV and
AIDS.
Harmful
traditional practices
- The
Prohibition of Female Genital Mutilation Act, 2011 provides new opportunities
for eradication of FGM. The Act empowers chiefs
and Children’s Officers to
enter into places without warrant to ascertain whether such a crime has been or
is about to be committed.
The Act criminalizes:
(a) Aiding and
abetting the circumcision of women and girls and procuring of a person to
perform the cut;
(b) Taking a Kenyan to another country for, and bringing another person to
Kenya for, female circumcision;
(c) Allowing premises for which one is responsible to be used for female
circumcision;
(d) Being found in possession of tools or equipment for female cutting;
(e) Knowing that someone has the intention of performing the cut and falling
to report to the authorities;
(f) Any Kenya citizen who undergoes FGM outside the country is also liable
for prosecution.
- Beside
this Act, the National School Health Policy (2009) addresses issues relating to
FGM and early/forced marriages.
- The
State Party through the Ministry of Gender, Children and Social Development has
conducted public awareness forums as well as facilitated
community dialogue on
FGM in five pilot districts where the practice is rampant. Additionally the
ministry has conducted training
for district gender and social development
committee members on gender based violence and other harmful cultural practices.
UN Agencies,
development partners, FBOs and NGOs have supported advocacy
campaigns against FGM among 33 tribes which practice this culture. Through
these
campaign initiatives, the practice is slowly lessening. However, it must be
noted that deep rooted cultural practices take
long time to eradicate.
- The
State Party through the National Council for Children’s Services in 2010
undertook a study on child marriage in two communities
where the practice is
prevalent. The findings will inform future planning of programmes and
interventions.
Standard
of living
- The
social protection policy has been developed and applied in 60 districts already
participating in Cash Transfer. The Social Protection
Programmes for OVC are
implemented through the Ministry of Gender, Children and Social Development. The
Programme now serves 134,000
households[15] as of 2010 across the
country.
- Through
the devolved fund, such as CDF, LASDAP/LATIF and the private sector such as
Banks, poor and bright children have received
bursaries for their secondary
education
- The
State Party has established the Youth Enterprise Development Fund as a vehicle
to enhance youth social economic empowerment.
- The
State Party designated Ksh 15 billion for the “Kazi Kwa Vijana”
(jobs for youth) programme to create three hundred
thousand (300,000) jobs for
the youth in urban and rural communities. This initiative is aimed at addressing
goal number one of the
MDG to eradicate extreme poverty and hence improve the
status of vulnerable
children.
Cluster
7: Education, leisure and cultural activities (art. 28, 29 and
31
of the Convention)
- The
State Party has been providing the Free Day Secondary Education (FDSE) in public
schools since 2008. The objective of this programme
is to increase access to
secondary education with the Constitutional Framework of 12 years of basic
education for every child. In
addition, the State Party has introduced mobile
schools in arid and semi-arid areas in Kenya.
- The
budget expenditures in the education sectors have increased since 2005. In
2005/2006 the total budget expenditures was Ksh 11,580.9
billion this
increased to Ksh 33,549.3 million in 2010/2011.
- The
State Party has banned extra coaching by teachers to reduce indirect cost to
parents. This notwithstanding, parent’s willingness
to pay for extra
coaching fees defeats the implementation of this policy.
- The
Ministry of Education has included ECDE in the overall learning curriculum and
national education policy. It developed a national
ECDE policy framework and
service standards guidelines in the 2005/2006 financial year.
- ECDE
is currently provided by the State Party in partnership with Non-governmental
Organizations (NGOs), Community Based Organizations
(CBOs), Faith Based
Organizations (FBOs), Parents and the private
sector.
Cluster 8: Special
protection measures (arts. 22, 30, 38, 39, 40, 37 (b)–(d), 32–36 of
the Convention)
Refugee
children
- The
Refugee Act was passed in 2006 and regulations to facilitate its implementation
enacted in February 2009. This Act is being repealed
under the Refugee draft
Bill 2011 to align to international human rights treaties, the international
refugee instruments and the
Constitution of Kenya.
- The
State Party, through the Department of Refugees’ Affairs and the Ministry
of Immigration and the Registration of Persons,
in collaboration with UNHCR,
keeps records of refugees and asylum seekers at all points of entry into the
country.
- Comprehensive
disaggregated data on asylum seekers and refugees is kept by the Department of
Refugees’ Affairs, under the Ministry
of Immigration and the Registration
of Persons and UNHCR. In 2010, Kenya hosted 157,454 refugee children and 61,232
child asylum
seekers.[16]
- In
order to ensure protection of the rights of unaccompanied refugees and
asylum-seeking children, the State Party has special registration
mechanisms for
children whereby any child who enters the country unaccompanied is registered
and issued with individual documentation
within the shortest time, but not
longer than 3 months.
- The
State Party, UNHCR and other organizations continue to raise funds through
various partners to assist refugee children residing
in Kenya and has provided
land to expand Dadaab camp (Ifo 2) as part of its contribution of resources
for refugees in Kenya. In partnership
with UNHCR and other development partners,
has established educational facilities in the two main refugee camps (Kakuma and
Dadaab)
aimed at ensuring that refugee children access and continue receiving
quality education as their basic right. Furthermore, a Memorandum
of
Understanding (MOU) between the State Party and UNHCR has been signed to ensure
that there is a systematic and organized capacity-building
programme for
magistrates and judges on International Refugee Law and the Convention on the
Rights of the Child. This training includes
the requirement to expeditiously
attend to issues concerning the violation of children’s rights. The State
Party has also deployed
Children’s Officers and Probation Officers in the
camps to attend to cases involving refugee
children.
Economic
exploitation
- The
Employment Act No. 11 of
2007[17] prohibits the worst forms
of child labour and defines a child as any person who has not attained the age
of eighteen years. It further
provides that no person shall employ a child who
has not attained the age of thirteen years, whether gainfully or otherwise, in
any
form of labour. In addition, the Children’s Act (2001) contains
provisions for the protection of children subjected to the
worst forms of child
labour.
- The
Kenya Integrated Household Budget Survey of 2005 derived significant information
on child labour in Kenya and this has facilitated
the establishment of
programmes to remove and protect children from the worst forms of child labour.
This survey has aided the State
Party to develop a National Action Plan on
Prevention of Child labour (2004–2015).
- The
State Party, through the Steering Committee on Child Labour, is working with ILO
to develop a national children’s
database.
Street
children
- The
State Party conducted a baseline survey on street children in 2010 to establish
the root causes of children living and working
on the street (both push and pull
factors). This survey is helping the State Party address the underlying causes
of this phenomenon.
- The
State Party has also established a Street Family Rehabilitation Trust Fund
(SFRTF), which seeks to rehabilitate children working
and living on the streets.
Through this initiative the children are given special protection, education,
health care and psychosocial
support. In addition to this, there are other
Non-State actors working with street children/family in reintegration programmes
in
major towns and cities. Between 2005 and 2010 the number of street children
assisted was 8,820 while the number of children reintegrated
with families
during the same period being 800.
- The
State Party, in collaboration with UNICEF, has established and operationalized
Child Protection Centres (CPCs) in Mombasa, Eldoret,
Malindi and Garissa, and it
is in the process of establishing additional CPCs in Nairobi, Nakuru, Kakamega
and Siaya, where street
children and other vulnerable children can access
services such as health care, shelter, nutrition, education and vocational
training.
- The
local authorities have been raising awareness on street children, including the
establishment of specific programmes addressing
needs and rights of street
children. In this respect, vocational training centres for street children have
been established in Meru,
Isiolo, Machakos, Nyeri, Mombasa, Eldoret and
Nairobi.
Sexual
exploitation and trafficking
- The
National Plan of Action for Children 2008–2012 has addressed issues
emanating from the World Congress against Commercial
Sexual Exploitation of
Children. The State Party however admits that issues relating to commercial
sexual exploitation are interlinked
to poverty, ignorance of parents and
complications related to tracking perpetuators of child trafficking beyond the
Kenyan borders.
- The
State Party has introduced a Code of Conduct for teachers, which ensures that
stringent measures are in place to protect children
against sexual
exploitation.
- The
State Party has signed a MOU with neighbouring countries on combating
trafficking in persons across
borders.
Commercial
sexual exploitation of children
- The
State Party, through its Penal Code, criminalizes the sale of children, child
prostitution and child pornography. Furthermore,
the Sexual Offences Act 2006
criminalizes sexual exploitation of children.
- The
State Party has also enacted the Counter-Trafficking in Persons Act, 2010, which
provides for the prevention and suppression of
trafficking in persons as well as
punishment for, trafficking of persons, especially women and children.
- The
State Party works closely with INTERPOL to support investigations into acts of
child sex tourism perpetrated by foreigners in
Kenya.
- In
2006, a study was undertaken by the State Party and UNICEF on the extent and
effect of child sex tourism on the Kenyan coast. As
follow up on the study, by
end of August 2009, about 20 hotels and tour companies had signed the
International Code of Conduct targeting
elimination of sexual exploitation of
children in the tourism industry. Secondly, the Ministry of Tourism, MGC&SD,
Ministry of
Labour, and UNICEF are in the process of domesticating this
international code of conduct into a national code of conduct targeting
domestic
tourism in all major towns in Kenya.
- On
child pornography the Communications Commission of Kenya (CCK) is mandated under
the Kenya Communications Act of 1998 and subsequent
amendments to regulate media
activities. The Commission is responsible for providing broadcasting licenses
and frequency spectrum.
The Communications Act under section 20 also
provides for the protection of children. It states that “a licensee shall
ensure
due care is exercised in order to avoid content that may disturb or be
harmful to children, that has offensive language, explicit
sexual or violent
material, music with sexually explicit lyrics or lyrics which depict violence,
request for permission to conduct
interview with a minor from the minor’s
parents or guardian before conducting an interview with a minor”. The Act
further
provides for setting of watershed times when certain programmes can be
aired on National television
stations.
Administration
of juvenile justice
- In
accordance with the Children Act, Section 73, the State Party has
established children-specific courts, known as Children’s
Courts, in
Nairobi, Mombasa, and Kakamega. Where there are no specific children courts, the
Judiciary has gazetted magistrates to
deal with matters concerning children.
- The
State Party, in collaboration with Japanese International Cooperation Agency
(JICA), has provided comprehensive training to 130
officers drawn from police
services, Children’s department Children’s Court, Prisons and
Probation department on a wide
range of issues affecting children in the
juvenile justice system, including the Convention of the Rights of the Child and
in particular
article 37, 39 and 40 on the administration of juvenile
justice.
- The
Constitution of Kenya and Children Act, 2001 in Section 190, prohibits the
death penalty for children.
- The
State Party has put in place a programme for “special needs
offenders”, in which children in conflict with the law
are included.
- The
State Party is in the process of piloting, a web-based National Children’s
Database, which includes data on children in
conflict with the law and other
vulnerable children.
- Through
the office of the Police Commissioner, data is collected on all cases of persons
in conflict with the law, including children.
This data is published annually by
KNBS in the Economic Survey and is used in policy formulation, including
programme design for
children and persons in conflict with the law.
- The
State Party has set up Child Protection Units at fourteen (14) police stations
for care of children in need of protection. Where
there are no protection units,
children in need of protection are referred to different sections of remand
homes.
- The
State Party and other partners operate diversion programmes for children in
conflict with the law under the juvenile justice system.
It has also put in
place a corrections policy that encourages non-custodial sentences for
children.
- The
State Party, through the National Legal Aid Programme under the Ministry of
Justice, Constitutional Affairs and National Cohesion,
is piloting the provision
of legal aid to children in two projects in Nairobi and Nakuru. In addition
there are three other pilot
legal aid projects which also serve children in
Kisumu, Eldoret and Nairobi.
- Street
children are not automatically treated as children in conflict in the law.
Rather, street children are children in need of
protection to benefit from
rescue centres and CCI’s for care, protection and rehabilitation.
- All
children placed in statutory rehabilitation institutions are provided with
education, vocational training, psychosocial support
and upon discharge they are
integrated and resettled back into their
communities.
Minority
and indigenous children
- The
Constitution of Kenya, in Article 63, recognizes community land, which
includes ancestral lands and lands traditionally occupied by hunter-gatherer
communities. Schedule five of the Constitution further states that specific laws
to protect such land shall be enacted within five years of the Constitution
which came into force in 2010.
- The
Constitution recognizes the principle of affirmative action for vulnerable
groups as provided under Article 27. Under Article 56, it has created
an enabling environment for recognition and protection of the rights of
indigenous and marginalized populations. Specific mention
is made of the right
to reasonable access to water, health services and infrastructure.
- The
State Party has also introduced a quota system that provides special places in
national schools for children from minority and
indigenous communities, as well
as mobile schools for children in pastoralist communities.
- The
State Party, in 2007 created the Ministry of Development of Northern Kenya and
other Arid Lands, which is mandated to support
development and to address the
specific problems experienced by pastoralist communities.
- The
State Party has scaled-up the provision of cash transfers for orphans and
vulnerable children in all areas, including children
from pastoralist
communities.
Optional
Protocols to the Convention on the Rights of the Child
- The
Constitution of Kenya 2010 states in article 2 (6) any treaty or convention
ratified by Kenya shall form part of the law of Kenya under this Constitution.
The State Party is in the process of legislating convention and treaty
ratification bill. The final report on this process will
be included in the 6th
periodic report. We anticipate that the Optional Protocol on the sale of
children, child prostitution and
child pornography will come into force under
this bill.
- The
State Party ratified the Optional Protocol on children in armed conflict on 28th
January 2002. In this regard, it has put in place
initiatives to protect
children in areas prone to cattle rustling, militia activities in volatile
borders, such as the Kenya/Somalia,
Kenya/Sudan and Kenya/Ethiopia. Some of
these initiatives include increasing security, disarmament programmes in cattle
rustling
areas, and peace and reconciliation initiatives.
II. Comprehensive national
programme monitoring
A. Legal
and policy framework
- The
Constitution of Kenya 2010 as the Supreme Law provides ample legal ground to
review a host of national legislations to make them congruent to
the Convention
on Rights of the Child.
- Legal
instruments which were enacted during this reporting period and not mentioned
elsewhere in this report are:
(a) The Witness Protection Act enacted
in 2008, and amended in 2010, offers protection to persons who are witnesses of
crime;
(b) The Kenya Citizens and Foreign Nationals Management Service Act 2011that
deals with matters relating to registration of births,
citizenship and
immigration;
(c) The National Gender and Equality Commission Act 2011 which has provisions
on gender and equality;
(d) Education Act 2012.
- Other
policies enacted are:
(a) The Education Sector Policy on
HIV/AIDS;
(b) The National Early Childhood Development Policy Framework (2006) and its
Guidelines;
(c) The Gender Policy in Education (2007);
(d) Policy for Alternative Provision of Basic Education and Training
(2009);[18]
(e) National School Health Policy (2009) and its Guidelines;
(f) Policy on Nomadic Education (2009);
(g) The National Special Needs Education Policy Framework (2009).
B. Programme
monitoring
1. HIV and
AIDS
- There
has been a decline in both new infections and prevalence rate from a peak of 6.0
per cent in 2006 and 5.1 per cent in 2007.
Nyanza continues to have the highest
prevalence at 14.9 per cent and North Eastern province the least (0.8 per cent).
The age category
25–49 has the highest prevalence (9.8 per cent) followed
by 50–64 years (5.0 per cent) and 15–24 years being the
lowest (3.8
per cent).[19]
2. Parental
guidance, responsibility, recovery and maintenance (arts. 5 and 18,
paras. 1 and 2)
- The
Constitution bestows parental responsibility to both parents whether in marriage
or out of marriage. In this regard the Department of Children’s
Services
handled many cases relating to parental responsibility during this reporting
period. A general trend noted from the statistics
provided by the Department of
Children’s Services between 2005 and 2010 showed that the cases of neglect
involved fathers.
This trend was exacerbated by the loop hole in the Children
Act 2001 regarding conditions for acquiring parental responsibility by
fathers
who are not married to the children’s mother. The Act made it optional for
fathers of children born out of wedlock
to acquire parental responsibility.
3. Separation from parents
(art. 9)
- Incidences
of parental negligence of their children rose from 21,496 to
49,057[20] between 2000 and 2010.
Most of these cases resulted in court orders for removal of the child from the
lawful parents as the last resort
and placed in CCI or government rescue centres
as alternative care institutions.
- There
were no cases of children separated as a result of exile or deportation of
parents. Separation of children due to imprisonment
of the mother only affected
children older than four years who are not permitted to accompany their mothers
to prisons. A total of
1,583 children were separated due to imprisonment of the
mother.
4. Family
reunification (art. 10)
- The
2007/08 Post Election Violence (PEV) led to 8,165 children being separated from
their families. Through the collaborative programme
with CSOs a total of 6,165
children were reunited with their families as at December 2010 and will continue
to reunite and resettle
the remaining lot.
- The
State Party hosts many refugee children and child asylum seekers who
occasionally arrive in Kenya as unaccompanied minors; in
partnership with UNHCR
and development partners. The State Party has further seconded Children’s
Officers in the camps to assist
in reunification of
children.
5. Adoption
(art. 21)
- Provisions
for Adoption are under Part 12 of the Children Act 2001, Section 155
(1) and the 2005 adoption regulations. These regulations
are in line with the
Hague Convention and are used by the courts in all matters concerning
adoption.
6. Protection
from abuse and neglect, including physical and psychological recovery
and social reintegration (arts. 19 and 39)
- The
State Party registered CCIs increased from 302 to
646.[21] Population of children in
CCIs stood at 40,545 in
2010.[22]
- Children
Rescue Centres are established under Part 5, Section 48 of the
Children Act 2001 care for children in need of special protection
as per
article 38 of the Convention. During this reporting period, the State Party
increased rescue centres from three to four. They
housed 3,511 children as at
December
2011
7. Health
and health services (art. 24)
- The
State Party has developed the National Health Sector Strategic Plan11
(2005–2010) and implementation of Annual Operation
Plans (AOP), the Child
Survival and Development Strategy (2008–2015) which identified the
priority interventions/actions to
address child health problems and the Human
Resource for Health Strategic Plan. The two ministries responsible for health
(Medical
Services and Public Health and Sanitation) are engaging the Ministry of
Finance on how to implement this Plan in a scheduled manner
due to the financial
implications.
- The
State Party is implementing the Community Health Strategy (CHS) to ensure that
communities and individuals take charge of their
own health. The strategy
incorporates the Community Integrated Management of Childhood Illness (IMCI),
home and community based health
care. The ministry has community level health
workers addressing the health needs of specific households.
- The
State Party has further exempted children under five years from payment of user
fee under the State Party policy on cost-sharing.
In addition, it has exempted
pregnant women from paying for antenatal care, family planning and delivery at
levels 2 and 3 facilities.
- Development
of the Reproductive Health Policy and a road map to accelerate maternal and new
born care has also helped in providing
health services to children.
- The
State Party has decentralized health services within the country. This has seen
capital investment in constituency based health
care provision such as
construction of model health centres in each constituency and employment of 20
nurses per constituency among
others. There has also been continued training of
human resource (both pre-service and in-service) to meet the demand for both the
public and the private sectors.
- Improved
immunization coverage as well as preventive and curative health care services
for diseases closely related to child and infant
mortality such as diarrhea and
acute respiratory infections has been scaled up.
- This
has seen the State Party develop disease specific strategic plans for diseases
such as HIV and AIDS, Tuberculosis, and Malaria.
8. Adolescent
health (art. 24)
- In
2006 the State Party launched the Adolescent Reproductive Health and Development
Policy to cater for the needs of adolescents.
This is vital as many adolescents
die of reproductive health related complications yet there are no adequate
services to address
their plight. A few health facilities now have youth
friendly services and will continue to encourage more health providers to
establish
youth friendly service
centres.
9. Health
and sanitation (art. 24)
- The
State Party has placed a lot of emphasis on environmental health and sanitation
as exemplified by its creation of the Ministry
of Public Health and Sanitation
and development of Health Sector Policies including guidelines to support
improved Sanitation and
Hygiene. These include:
- National
School Health Policy
- Guidelines for
implementation of Environmental Sanitation and Hygiene Policy;
- Food Safety
Policy.
10. Standards
of living (art. 27)
- The
indicators for improved standards of living and good health is access to
improved sanitation, access to safe water and good housing,
disposable income
and education. In this regard the State Party has embarked on the following
initiatives;
(a) The
Kenya Slum Upgrading Programme (KENSUP);
(b) Giving incentives to encourage developers to
construct low cost housing;
(c) Initiated a Housing Bill to provide legal
basis for regulation, coordination, guidance, monitoring and evaluation of
housing and
human settlement including a building code to regulate planning and
construction.
11. Right of the
child to education (art. 28)
- The
State Party is committed to meeting the World Declaration on Education for All
(EFA) Jomtien, Thailand (1990) goals and the Millennium
Development Goal two
(MDG 2) – Achieving Universal Primary Education by 2015. The detailed
national education targets are stipulated
in Kenya Vision 2030, the Medium Term
Plan (2008 to 2012) and the Kenya Education Sector Support Programme (KESSP)
(2005 to 2009–2010).
This includes increasing primary net enrolment and
completion rates to 100 per cent by 2015; improving internal efficiency in
education
by reducing repetition, drop-out rates, and increasing primary to
secondary transition levels. To address inequalities in access,
the Nomadic
Education Policy and its budgeted implementation plan was put in place to
enhance provision of learning opportunities
for children in Arid and Semi-Arid
Lands (ASAL).
- Non
Formal Education is also among the 23 Investment Programs under KESSP. The
program seeks to increase access to quality basic education
for children and
youth who due to special circumstances are unable to attend formal schools.
- The
State Party has developed a program on Technical Industrial Vocational and
Entrepreneurship Training (TIVET).This is one of the
Investment Programs under
the KESSP. The objective of this program is “to reduce inequity in society
through increased training
opportunities for the female students, the disabled
learners, and learners from poor
households”.[23] The enrolment
in TIVET increased by 32.1 per cent between 2008 and 2010.
- The
Ministry of Education and other key line ministries in partnership with
development partners and Civil Society Organizations have
instituted measures to
ensure that vulnerable children and children in need of care and protection
access quality basic education.
These measures include, introduction of low cost
boarding schools that target children from ASAL regions, mobile schools that
target
children of pastoral communities and School Feeding Programs.
- The
School Feeding Program under the School Health, Nutrition and Feeding Investment
Program of the KESSP supported by the World Food
Program and the MOE feed
661,209 children in 32 districts in the Northern part of Kenya and the Coast
Province. It also targets some
schools in the informal settlements of Nairobi.
MOE Home Grown School Feeding Programme (HGSFP) also supports 659,249 children
in
58 semi-arid districts. The State Party further expands the school feeding
programmes during times of extensive drought to provide
a cushion in the high
risk areas and reduce school drop outs. The expanded school feeding program is
supported by the Ministry of
Special Programmes in partnership with MOE.
- The
State Party has set aside Ksh 300 million for purchase of sanitary towels
in the 2011/2012 financial year. In addition to ensuring
access, retention and
participation of girls in education, the State Party zero-rated the taxes on
sanitary towels to make them cheaper
and affordable.
- To
fulfill the obligation of protecting the rights of children affected by conflict
in their countries of origin and seeking refuge
in Kenya, the State Party in
partnership with non-state actors has established educational facilities in the
2 main refugee camps
(Kakuma and Dadaab).
- In
2007, the Ministry of Education established a grant program to support the OVCs
in 3,215 primary schools. The Ministry had spent
by 2010, Ksh 65.8 million.
This grant has further been complemented by other initiatives such as PEPFAR
Scholarship Funds, Cash Transfer
Funds for OVCs, LATIF and the Constituency
Development Funds for Scholarship.
- The
State Party in partnership with non-state actors has developed a Peace Education
Curriculum which is aimed at fostering peaceful
co-existence, national unity,
patriotism and nurturing children as agents of peace.
- The
State Party has also established programmes in cattle rustling/militia prone
areas and volatile borders such as the Kenya-Somalia,
Sudan and Ethiopia aimed
at ensuring children access quality education and their rights protected. Some
of these initiatives include
increasing security in the areas, disarmament
programs in all the cattle rustling areas, peace and reconciliation dialogues
among
fighting groups.
- The
recent Post Election Violence (PEV) that was experienced in the country had a
negative impact on the education sector. However
measures to mitigate the
calamity were put in place to ensure that children affected by PEV continued to
access education. Some of
these measures included establishing temporary schools
within the IDP Camps and later integrating the children into schools near
the
IDP camps.
- The
State Party has worked in partnership with non-state actors, in areas such as
Mt. Elgon region in conflict transformation and
peace building initiatives
targeting the local community as well as strengthening of the education sector,
these efforts are also
being replicated in other regions that are prone to
conflict.
12. Leisure,
recreation and cultural activities (art. 31)
- The
State Party is committed to promoting Leisure, Recreation and Cultural
Activities. In this regard it has banned holiday tuition
as part of its effort
to ensure children rest and engage in leisure activities. Through the Local
Authorities, there are by-laws
that require all neighbourhoods and suburbs to
set aside designated areas and space for children and the public to use for
leisure,
recreation, and cultural activities. In addition the State Party has
mainstreamed leisure and cultural activities in the Basic Education
Curriculum.
- The
State Party supports co-curricular activities such as Young Farmers Club, Peer
Clubs, Child Rights Clubs, Debating Clubs, Boy
Scout and Girl Guides clubs,
Health Clubs, Disaster Prevention Clubs, and First Aid Clubs, Peace clubs among
many others.
- The
Ministry of Sports and Youth Affairs have developed sports Programs targeting
children in and out of schools from a young age
such as the Ligi Ndogo and
Athletic Programs with an aim of coaching them into professional sports men and
women.
13. Refugee
children (art. 22)
- The
State Party wishes to state that the refugee population in Kenya has been
fluctuating by nationality as a result of a number of
factors, which
include:
(a) Cessation of hostilities in Southern Sudan resulting in
reduced inflows of new arrivals;
(b) Repatriation to Uganda, Rwanda, Burundi, Ethiopia, Mozambique has
decongested the camp;
(c) Resettlement in third countries as per the principle of burden
sharing;
(d) Increased hostility in Somalia has seen unprecedented new arrivals in
Kenya.
- In
2010 the refugee children population in Kenya was 218,686 including
asylum-seeking children.[24]
Reflected in the nationality population of refugees’ trends, Somali
children account for 81 per cent of all refugee children
in the country while
children account for 50.4 per cent of the refugee camp population.
- The
State Party, through the Department of Refugee Affairs, and UNHCR are involved
in joint planning (Common Strategic Plan) in which
children are identified as a
vulnerable group in need of special care and protection. In pursuant of the best
interest of the child,
the State Party has taken an active role in the refugee
camps through the Department of Children’s Services in the last four
years. It has a designated an officer to sits on the Best Interest Determination
Panel.
- The
State Party has put in place a family tracing mechanism programme for separated
and unaccompanied minors, though the success rate
is very low. This is due to
existing hostilities in areas where tracing could be possibly instituted.
- The
State Party, through the Department of Children’s Services admits refugee
children to Kenyan statutory institutions whenever
they are in need of care and
protection.
14. Child labour (art.
32)
- The
State Party has participated in the Community Based Innovations to Reduce Child
Labour through Education (CIRCLE) global project,
which is funded by USAID.
- The
State Party, in partnership with ILO/IPEC, implemented programmes on the
elimination of child labour, especially its worst forms.
Between 2005 and 2009,
the Time Bound Programme (TBP) on the elimination of the worst forms of child
labour was implemented.
15. Cash
transfer for orphans and vulnerable children (OVC)
- The
programme for Cash Transfers for Orphans and Vulnerable Children (OVC) started
on a pilot basis targeting 500 OVC households receiving
Ksh 500 per month.
Currently 124,991 households are benefiting at Ksh 2,000 per month. The
allocation for OVC increased from Ksh
169.7 million to Ksh
827.7 million between 2005/06 and 2009/10. Direct cash disbursement
increased from Ksh 150 million to Ksh 766.9
million during the same
period.[25]
16. Drug
abuse (art. 33)
- The
State Party in 2007 established the National Campaign Against Drug Abuse
Authority (NACADAA) to replace NACADA with a reinforced
mandate to coordinate a
multi-sectorial effort aimed at preventing, controlling and mitigating the
menace of drugs and substance
abuse within Kenya. Under NACADAA, a toll free
number was established to assist victims of drug and substance abuse. The toll
free
number provides children with a forum where they can access information,
guidance and counselling on substance abuse. Children have
also an option of
using the Child Helpline 116 to seek
assistance.
17. Sale,
trafficking and abduction of children (art. 35)
- The
Constitution of Kenya contains sufficient provisions to deal with impunity
issues related to child trafficking and in this regard it has established
a
National Steering Committee to handle matters relating to Human Trafficking.
- The
State Party adopted Adoption Regulations in 2005 to regulate the national and
international adoption and counter illegal adoption
and child trafficking.
- On
data collection, the State Party, through the Ministry of Gender, Children and
Social Development, has begun collecting information
on trafficking cases from
the police, media, foreign governments and
UNODC.
18. Children
deprived of liberty (art. 37)
- The
State Party has established rehabilitation schools under Part V,
Section 47 of the Children Act 2001, to rehabilitate children
in conflict
with the law. The State Party currently has nine rehabilitation schools. It has
developed guidelines to enhance rehabilitation
programmes in the statutory
institutions.
III. Key
highlights on statistical data
- The
State Party’s commitment to invest in social services to improve the
welfare of its population has been consistent in the
past years. The number of
educational institutions increased from 63,487 units to 74,408 units between
2005 and 2010. There was marginal
rise in the total number of pre-primary
institutions from 32,043 units to 38,523 units during the same period. This
translates to
an increase of 6,480 units. There was an increase of 33.4 per cent
in enrolment of pupils in pre-primary education in
2010.[26] Between 2005 and 2008,
Rift Valley province recorded the highest enrolments rates while North Eastern
recorded the lowest enrolment
rates.
- Between
2005 and 2010 the enrolment increased from 7,591,500 to 9,381,200 an increase of
23.6 per cent.[27] Secondary
enrolment rates increased from 934,149 to
1,701,501.[28]
- The
number of health institutions increased from 4,912 to 7,111 between 2005 and
2010 an increase of 44.8 per cent. Rift Valley province
recorded the highest
number of health institutions while North Eastern had the lowest number of
health institutions.[29]
- In
2009 and 2010 children deaths due to illness decreased by 4.2 per cent from
46,360 to 44,398 respectively.
- The
three major causes of death of children include diarrhoea, malaria and
pneumonia. Children deaths as a result of traffic or other
accidents accounted
for 2 per cent of deaths during the reporting
period.[30]
- There
has been an increase in birth registration of children from 541,664 to 749, 693
between 2005 and 2010. These figures include
late registration that accounts for
37,283 plus refugees and asylum seeking children. Rift Valley province recorded
the highest birth
registration (162,524) for the year 2010 followed by Western
(122,409), Eastern (108,325) and Nyanza
(107,072).[31]
- A
total of 6,552 males and 6,237 female refugee children were registered at birth
in the year 2010 while 3,003 female and 3,155 male
refugee and asylum seeking
children were registered after six
months.[32]
- Regarding
children accessing information, the State Party notes that there is an increment
in the number of libraries accessible to
children from 36 to 56 during this
reporting period. The number of mobile libraries decreased from 8 mobile buses
to 4 in 2010 due
to high cost of repairs and maintenance. The period under
review is marked by an increase of 2,581, 469 library users who include
refugees, children with disabilities, girls and boys accessing information in
libraries.
- The
total number of OVC who were supported between 2005 and 2010 is 1,059,305 and
household/families assisted were 302,658 between
2005/06 to 2010/11. There has
been an improvement in infant mortality rates and under-five mortality rates
from 77/1000 to 52/1000
and 115/1000 to 74/1000, respectively between 2003 and
2008[33] and decrease in the number
of children infected by HIV and AIDS from 244,767 to 229,953 between 2005 and
2010. The number of children
who received assistance including medical
treatment, counselling, care and support increased from 10,500 to 437,469
between 2005
and 2010.
- The
number of children on ART increased from 1,500 to 36,000 in 2010, and 48,000 in
2011.The number of children living with relatives/foster
care guidance increased
from 10,500 to 437,469. Generally there has been a decrease in the number of
orphans as a result of HIV and
AIDS from 1,153,650 to
1,106,331.[34]
- There
has been an increase in the number of health institutions from 4,912 to 7,111
between 2005 and 2010. Rift Valley had the highest
increase in the number of
institutions (1,867) compared to other province while North Eastern province
recorded the least
at 264.[35]
- In
regard to vaccination coverage, the proportion of children aged 12–23
months who were fully immunized increased from 57 per
cent to 77 per cent
between 2003 and 2008/09 while the proportion of children who have never
received any of the recommended vaccinations
reduced from 7.4 per cent to 3.2
per cent during the same period. The country has also seen the proportion of
children who are immunized
against measles rise from 72 per cent to 85 per cent
between 2003 and 2008/2009. Central province (86. per cent) recorded the highest
proportion of children fully vaccinated followed by Rift Valley province (85 per
cent) while Nyanza and North Eastern provinces recorded
the lowest proportion of
65 per cent and 48. per cent
respectively.[36] The full
immunization coverage rate in the period 2005 to 2010, for children under one
year increased from 57 per cent in 2003 to
71 per cent in 2008/09, with the high
coverage rates being registered in North Eastern (89 per cent), and Central (86
per cent),
provinces while Eastern and Rift Valley provinces recorded the lowest
rates of 64 per cent.[37]
- The
ECDE enrolment rose from 1,643,644 million to 2,193,071 million between 2005 and
2010[38] while the gross enrolment
rose from 57.9 per cent to 60.2 per cent between 2005 and 2008. The number of
Public ECDE centres increased
from 32,043 to 38,523 during the same
period.[39] The State Party notes
that the number of teachers increased significantly by 18.8 per cent from 78,
230 in 2008 to 92,955 in 2009
with the number of trained ECDE teachers
increasing from 50,973 to 73,012 between 2005 and
2010.[40]
- Since
the introduction of FPE in 2003, there has been a significant increase in
enrolment from 7,591,500 to 9,381,200 during the same
period.[41] The enrolment of boys
was more by 1,047,900[42] compared
to the enrolment of girls during the reporting period. Across all the eight (8)
provinces enrolment has been on upward trend
across both the genders since 2005
to date. However disparities still exist in the ASAL, which the State Party is
addressing through
the Policy on Nomadic Education (2009). This policy, seeks to
facilitate increased resources to marginalized areas.
- Transition
of students from primary to secondary education has significantly improved from
57.3 per cent in 2005 to 72.5 per
cent[43] currently. There has been a
low transition among girls to high schools compared to boys. However, the year
2008 and 2009 recorded
high transition for girls. Since the introduction of Free
Day Secondary Education in Public Secondary School the enrolment has increased
from 1,180,267 in 2007 to 1,701,501 in
2010.[44] The State Party is taking
measures to improve girl child secondary education in particular performance of
girls in Science, Mathematics
and Technology (SMT) through provision of grants
for construction of laboratories and supply of equipment to girls’
schools.[45] This is part of a
direct implementation of the Gender Policy in Education (2007) which seeks to
ensure that girls receive equal opportunities
with boys.
- The
State Party has increased the number of secondary schools to ensure equitable
access by many children. From 2002 the number of
schools increased from 3,667 to
6,566 in 2008.
- The
enrolment in TIVET has risen from 70,512 students in 2005 to 82,842 in 2010.The
National Polytechnics’ enrolment decreased
from 20,248 in 2005 to 15,967
in 2010 as a result of some of the national polytechnics being made
universities. The enrolment in
Youth Polytechnics increased from 22,887 in 2005
to 33,104 in 2010.[46]
- There
has been an increase of Special Needs Education Institutions from 1,209 in 2003
to 1,461 in 2008.[47] Most of these
institutions are integrated into the normal primary schools. Enrolment of
children with special needs at various levels
has increased from 255,650 in 2007
to 272,911 in 2008.[48] The grants
towards this program increased from Ksh 96 million in 2003 to currently Ksh
420 million. The Government is working towards
increasing budget allocation
towards the development of infrastructure for Special Needs Education.
- The
enrolment in Non-Formal Education increased from 105,675 in 2005 to 169,591
pupils in 2010.[49] Non Formal
Education institutions are of 2 types, non-formal schools that offer primary
education curriculum and non-formal centres
that use NFE
curriculum.[50]
- In
2010 the State Party implemented an employment policy of contract teachers which
led to 13,960 being deployed in primary schools,
with each of the constituencies
in the country recruiting 60 trained primary school teachers. Generally there
was an increase in
teachers from 171,033 in 2005 to 184, 873 in 2010 a
percentage increase of 8.1 per cent. Majority of the teachers had P1
qualification
constituting 52.7 per cent followed by approved teachers at 25 per
cent.[51]
- In
the secondary schools the number of teachers increased from 47,435 in 2005 to
53,047 in 2010 which represents an increase of 11.8
per cent. Contract teachers
in 2010 were 4,200. Graduate teachers represent majority of the teachers in
secondary schools representing
84.4 per cent which is seconded by the approved
graduate teachers at 14.4 per cent.[52]
There was a decrease in the number of approved and SI/Diploma teachers due
to the encouragement of teachers to pursue higher education
and get promotion by
the Teachers Services Commission.
- The
State Party wishes to state that detailed statistical data is appended for
further
reference.
IV. Factors
and difficulties
A. Child
poverty
- Poverty
risks are high among children between the ages of 0–14 years (averaging
about 16 per cent) and among adolescents aged
15–24 years (averaging about
12 per cent) in contrast to other age categories. Children of the poor living in
Arid, Semi-Arid
and urban informal settlements are most affected. Other factors
which contribute to poverty are unemployment, alcoholism, irresponsible
parenting, increasing population growth, drought, famine, impact of HIV/AIDS,
natural recurrent calamities and global economic meltdowns.
This observation
confirms that, children are not only vulnerable to poverty, but also validates
the fact that poverty tends to affect
children more than any other age
group.
B. Resource
allocation
- There
is inequitable balance between Recurrent and Development budget and this often
fuels poverty, social deprivations, and spatial
disparities and perpetuate the
vulnerability of both boys and girls and women in Kenya. The State Party has
faced a challenge in
tracking resources allocated for children rights and
welfare visa-a-visa the benefits derived by the child.
- Although
there has been substantial increase in the budget of the Department of
Children’s Services and NCCS, this increase
does not match the
overwhelming services required for children in need of special
protection.
C. Public
debt
- Public
debt continues to be a major hindrance to government’s efforts to
implement pro-poor development programmes as a significant
proportion of the
budget is allocated to servicing public debt. Over the period 2005–2010,
the total public debt increased
from Ksh 789,076 to Ksh 1,229,406.
D. Enforcement of legal and policy instruments
- Although
the State Party has good legal and policy provisions for protection of children,
the enforcement of these laws and policies
is hampered by attitudes, cultural
practices and ignorance.
E. Enforcement of civil rights and
freedom
- Ignorance
of the public, social-cultural and religious inhibitions, long distances to
birth registration centres, and apathy regarding
statutory requirements continue
to negate the State Party efforts to have all children births and deaths
registered.
- The
State Party does not have adequate mechanisms to prevent and protect children
from accessing harmful information through the internet.
- Informal
“adoptions” and “foster care” at the community level is
a common practice. The lack of documentation
for these informal arrangements
makes it impossible to monitor them, thereby making the children vulnerable to
abuse and exploitation.
F. Access
to delivery and post-natal care services
- Women
with low levels of literacy and those living below the poverty line of one
dollar per day often do not seek services of skilled
birth attendants. Most
mothers who deliver at home do not attend postnatal care clinics. This is partly
due to long distance to health
facilities, and lack of information on the
importance of early postnatal care for treatment of complications arising from
delivery.
- There
is still poor health seeking behaviour and inadequate early recognition of
danger signs in pregnancy. This is due to lack of
information as well as
lethargy on the part of communities. These are further aggravated by
retrogressive cultural beliefs and practices.
G. Children with
disabilities
- Early
detection of disability is still a challenge as most parents seek help as the
last resort. This coupled with household poverty,
low literacy rate among women,
lack of information; cultural beliefs about causes of disability leave some
children with disabilities
unattended.
H. HIV
and AIDS
- There
are limited pediatric HIV diagnostic facilities and most HIV-infected children,
are diagnosed very late in the course of illness,
or not at all. Yet, for the
most part, HIV infection in children is preventable.
I. Access
to education
- The
State Party has done a lot with regard to provision of primary education. There
has been increases in the enrolment rates across
all levels during the reporting
period but retention and transition rates of girls has remained low compared to
boys. This is contributed
by a number of factors such as harmful cultural
practices, preference given to boys to go to school, poverty and early
pregnancies.
- Although
the government provides free primary and day secondary education, schools still
charge levy fee for other services posing
a hindrance to the participation of
girls and boys particularly those from poor households. Children from Western
province said “Although
the government says that it (primary education) is
free, in our school we pay money for games, examinations, development, to buy
desks etc. it is not compulsory since many children are not going to school and
nothing is done” Children in North Rift said
“We pay for exam fee,
P.T.A fee, Electricity money, remedial money, and development money.”
- Although
the number of street children is growing by day the state party has no system of
monitoring the day to day entry of children
into street life and how best to
stop
it.
V. Way
forward
- The
State Party is committed to eradication of extreme poverty under Goal one of the
MDGs. Special attention will be given to eradication
of extreme child poverty
through expanded social protection programmes and rationalization of national
social protection policy.
- The
State Party through the Ministry of Planning, National Development and Vision
2030 launched the Social Budgeting Guidelines in
June 2010 to better link
national and sub national planning and budgeting with community needs and
priorities. This model of social
budgeting will continue to be reviewed in order
to accommodate the new structure of governance and address all social sectors
with
specific attention to vulnerable groups such as children, the elderly and
the disabled.
- The
State Party will develop and implement a National Monitoring and Evaluation
Framework under the auspices of the NCCS. It is also
expected that the National
Children Database will streamline monitoring and evaluation of children’s
programmes in the Country.
This will enable the State Party to critically review
and assess performance and impact of various programmes and interventions.
- The
State Party will continue to strengthen KNCHR&EC to adequately monitor and
protect the human rights of all citizens including
children.
- The
State Party and Non State actors will continue to raise awareness on the impact
of retrogressive cultural practices on children
and in particular the girl child
and ensure such cultural practices are eventually eradicated.
- The
State Party will continue to nurture and strengthen all Children Assemblies in
the country and promote their expansion in every
school and mainstream the
principle of Best Interests of the child in Government Ministries and Counties
- With
the expanded programmes on birth registration including awareness through
schools and public meetings, the State Party hopes
to reduce apathy, and
discourage negative attitudes toward birth and death registration. It will also
expand the use of mobile birth
registration facilities to take the services in
communities which are hard to reach and especially in the arid and semi-arid
areas
and informal settlements in Kenya.
- The
State Party through the Ministry of Information and Communications will develop
Policy Regulations targeting children, parents,
caregivers and cyber café
operators to prevent and control access of harmful information through the
internet.
- The
State Party will put in place measures to strengthen the family support systems
to cater for children in need of care and protection
including those separated
from their parents, deprived of family environment and in need of psychosocial
support.
- The
State Party is bound by the Constitution Article 43 (1) which guarantees
every person, the right to the highest attainable standards of health. This
includes health care
services. This is further reinforced by Article 53 (1)
(c) which specifically guarantees children the right to basic nutrition, shelter
and health care. All future interventions as regards this cluster will
continuously make reference to the Constitution.
- The
State Party will continue to support basic education in general and in
particular increase the number of teachers in every school
in order to comply
with the MOE regulations on ratio of pupils to teachers (40:1). More funds will
be invested in infrastructure
development to decongest overcrowded facilities at
primary school level and improve the learning environment for children. Emphasis
will be placed on improvement of infrastructure in Special Needs and Early
Childhood Education.
- The
State Party will pay special attention to Counties with low enrolment, retention
and transition rates. This will include development
of a special strategy to
increase hardship allowance to attract and retain qualified teachers in arid and
semi-arid areas, develop
effective mechanisms that will attract deployment of
female teachers to ASAL area, expansion of mobile schools, and reduction of
conflict related occurrences including improved food security in arid and
semi-arid areas and informal settlements. The State Party
shall continue to
support the construction of low cost boarding schools in ASAL regions as
outlined in the Alternative Provision
of Basic Education and Training Policy
(2009).
- The
State Party will continue to implement Counter Trafficking in Persons Act 2010,
which provides for prevention, suppression and
punishment of trafficking in
persons, especially women and children.
- The
State Party will expedite the legislation on ratification of treaties and
convections as provided in Article 2 (6) of the Constitution. This
will make ratified treaties and conventions part law of Kenya.
- The
State Party will make all efforts necessary to increase its budget allocation to
the Department of Children’s Services and
the National Council for
Children’s Services, in order to expand and increase services to children
in all 47 counties.
- The
State Party will endeavour to develop a comprehensive strategy to address the
street children phenomena.
- The
State Party will continue to expand support to vulnerable families through cash
transfer and other social welfare
programmes.
Annexes
Annex 1
List of acronyms
AAC Area Advisory Council
AIDS Acquired
Immune Deficiency
ANC
Antenatal Care
AOP Annual Operation Plan
APHIA 11 Aids
Population Health Integrated Assistance 11
ARV Antiretroviral
Medicine
ASAL Arid and Semi-Arid Land
BCG Bacillus Calmette-Guérin (or Bacille
Calmette- Guérin, BCG) is a vaccine against
tuberculosis given infants
CBOs Community Based Organizations
- Charitable
Children’s
Institution
CCK Communications
Commission of Kenya
CDF Constituency
Development Fund
CHS Community Health Strategy
CIRCLE Community Based Innovations to Reduce Child Labour through Education
CPU Child Protection Units
CRC Convention
on the Right of the Child
CSO Civil
Society Organizations
CT-OVC Cash
Transfer to Orphans and Vulnerable Children
DCS Department
of Children’s Services
DFID Department
of International Development
DNO Data
Not Obtainable
DPT-DPT refers
to a class of combination vaccines Against three infectious diseases in humans: diphtheria, pertussis
(whooping cough) and tetanus.
EARS Educational
Assessment and Resource Services
ECDE Early Childhood Development Education
ECPAT End
Child Prostitution/Pornography
EFA Education for All
EMIS Education
Management Information System
- European
Union
FBOs Faith Based Organizations
FDSE Free Day Secondary Education
FGM Female Genital Mutilation
FPE Free Primary Education
GDP Gross Domestic Product
GOK Government of Kenya
HIV Human immunodeficiency virus
HGSFP Home Grown School Feeding Programme
IDPs Internally Displaced Persons
IMCI Integrated Management of Childhood
Illness
ILO International Labour Organization
ILO/IPEC International labour Organization
International Programme to End Child Labour
INTERPOL International Criminal Police
Organization
JICA Japanese International Cooperation Assistance
KENSUP Kenya Slum Upgrading Programme
KESSP Kenya Education Support Programme
KDHS Kenya Demographic and Health Survey
KFCB Kenya Film Classification Board
KISE Kenya Institute for Special Education
KNBS Kenya National Bureau of Statistics
KNCHR Kenya National Commission on Human Rights
KNHR&EC Kenya National Human Right and Equality Commission
Ksh Kenya Shillings
LASDAP Local
Authority Service Delivery Action Plan
LATF Local Authority Transfer Fund
MDG Millennium
Development Goal
MGC&SD Ministry of Gender, Children and
Social Development
MICS Multiple Indicator Cluster Survey
MOE Ministry of Education
MOM’s Ministry
of Medical Services
MOU Memorandum
of Understanding
N/A Not
Applicable
NACADA National Agency for the Campaign Against Drug Abuse
NACADAA National
Campaign Against Drug Abuse Authority
NCCS National Council for Children Services
NCP National Children Policy
NCPWD National Council for Persons with
Disability
NGO’s Non-Governmental
Organization
NPA National
Plan of Action
OVC Orphans
and Vulnerable Children
PEV Post
Election Violence
PMTCT Prevention of Mother to Child Transmission
SFRTF Street Families Rehabilitation Trust Fund
SMT Science, Mathematics and Technology
TBP Time
Bound Programme
TIVET Technical Industrial Vocational and Entrepreneurship
TSC Teachers
Service Commission
UNCRC United Nation Committee on the Rights of the Child
UNODC United Nations Office on Drugs and
Crime
UNHCR United Nation High Commission for Refugees
UNICEF United
Nations Children’s Fund
- United
Nations
USAID United
States Agency for International Development
WHO World
Health Organization
Annex 2
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CRADLE (2010): “Healing the Scars” Milestones, Lessons and
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Dr. Nyokabi Kamau – Gender Mentor, CEF – Kenya: Mainstreaming
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Ministry of State for Planning, National Development and Vision 2030 (2010):
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NACADA Authority Helpline flyer. COVAW, OMCT & EU (2009): Situation of
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UNDP (2006): Kenya National Human Development Report; Human security and
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[*] The present document is being issued
without formal editing.
[*] The statistical annex can be
consulted in the files of the secretariat.
[1] CRC/C/3/Add.62.
[2] See CRC/C/KEN/2.
[3] Kenya, Children Act, 2001.
[4] Kenya, NCCS, World Vision,
Guidelines for the formation and operation of Area Advisory Councils.
[5] KENINFO is a development data
system designed to enhance data storage and access by policy makers, development
partners and research
institutions, among other users. Similarly, while
providing the State Party and stakeholders with reliable mechanisms to measure
the efficiency and the effectiveness of public policies and service delivery and
are part of the State Party commitment to improve
transparency and
accountability.
[6] Statistical Annex, Table
10.
[7] Kenya, Employment Act, 2007,
sect. 29 – Maternity leave.
[8] Statistical Annex, Table
15.
[9] Statistical Annex, Table
61.
[10] Statistical Annex, Table
37.
[11] Statistical Annex, Table
38.
[12] KDHS 2003 and 2008/09.
[13] KAIS 2007.
[14] Statistical Annex, Table
87.
[15] Statistical Annex, Table
15
[16] Statistical Annex, Table
67.
[17] Employment Act 2007,
sects. 53 and 56.
[18] The Policy for Alternative
Provision of Basic Education and Training (2009) captures non-formal
education.
[19] Kenya AIDS Indicator
Survey, 2007.
[20] Statistical Annex, Table
18.
[21] Statistical Annex, Table
20.
[22] Statistical Annex, Table
22.
[23] Kenya, Ministry of
Education, National Action Plan on Education for All (2003-2015),
p. 79.
[24] Statistical Annex, Table
67.
[25] Statistical Annex, Table
92.
[26] Statistical Annex, Table
63.
[27] Statistical Annex, Table
51.
[28] Statistical Annex, Table
57.
[29] Statistical Annex, Table
37.
[30] Statistical Annex, Table
5.
[31] Statistical Annex, Table
10.
[32] Statistical Annex, Table
10.
[33] Statistical Annex, Table
33.
[34] Statistical Annex, Table
34.
[35] Statistical Annex, Table
37.
[36] Statistical Annex, Table
40.
[37] Statistical Annex, Table
41.
[38] Statistical Annex, Table
46.
[39] Statistical Annex, Table
63.
[40] Statistical Annex, Table
50.
[41] Statistical Annex, Table
51.
[42] Statistical Annex, Table
51.
[43] Statistical Annex, Table
54.
[44] Statistical Annex, Table
57.
[45] Kenya, Ministry of
Education, Gender Policy in Education 2007. .
[46] Statistical Annex, Table
60.
[47] Statistical Annex, Table
64.
[48] Statistical Annex, Table
61.
[49] Statistical Annex, Table
59.
[50] Kenya, Ministry of
Education 2009, Education Facts and Figures 2002–2008, p. 13.
[51] Statistical Annex, Table
58.
[52] Statistical Annex, Table
58.
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