The amended Children Act 2022 which is a significant improvement to the Children’s Act 2001 sought to address emerging issues affecting children in Kenya and gaps identified during the implementation of the previous law.
It gives effect to Article 53 of the Constitution of Kenya by among other reforms, advancing the concept of ‘best interest of the child’ as the paramount consideration in every matter or decision concerning a child.
Some of the highlights in the Children Act that have been welcomed include raising the criminal responsibility age from the previous 8 years to 12 years.
Children accused of committing minor offences, according to the new Act will now be diverted to community-based systems such as their families.
Further, the new Children Act provides for parental responsibility and contains progressive provisions for the protection and care of children such as prioritization of family-based care through fostering, adoption, custody, maintenance, guardianship, kinship care, Kafalah (indemnity) among others.
The law largely shifts the burden of child care to the state and the community, leaving room for the establishment of statutory childcare institutions by the Cabinet Secretary responsible for children affairs.
The new act provides ways of addressing vulnerable children’s concerns like online abuse, child trafficking, and radicalization among others.
The law established a Child Welfare Fund funded through the national exchequer under the aegis of the Public Finance Management Act.
The Children Act expressly mandates County Governments to establish child welfare schemes and child care facilities in their respective counties besides taking charge of pre-primary education.
The age of criminal responsibility among children has been raised from the current 8 years to 12 years.
Children in Conflict with the law after committing minor offenses will not be taken through the court system; they will be diverted to community-based systems.
All Children in Conflict with the law will have access to free legal aid as they navigate through the justice system.
Children living with disability will be accorded free medical treatment, special care, education and training.
Kinship adoption has been included in the law, where a relative is able to adopt a child in his lineage in a much cheaper and faster way with less legal technicalities.
The Children Act, 2022 gives priority to family based alternative care as opposed to institutionalization of children in Children Homes.
