The Children Bill 2022 signed into law by retired President Uhuru Kenyatta in July is a huge reprieve for Kenyan children who come into conflict with the law.
The National Council for Children’s Services has asked county governments to commit resources to the full implementation of the new children’s law.
Kenyan children scored a big win in July 2022 when former President Uhuru Kenyatta signed the Children Bill 2022 into law.
The children’s council chief executive officer Sheikh Abdinoor Mohamed said the new law which replaces the Children Act 2001, is a huge reprieve for Kenyan children who come in conflict with the law.
Speaking in Mombasa during a stakeholder sensitisation meeting, Mohamed said counties will play a critical role in informing the public who are yet to familiarise themselves with the changes.
The new law, according to Mohamed, values the plight of intersex children who have faced discrimination in social and economic affairs owing to their status.
“We want to ask our counties and devolved units to join us in the sensitisation and in the implementation of this law because the biggest challenges are to let every Kenyan understand the new changes within the law,” said Mohamed.
He added that children accused of committing minor offences will no longer be taken through the court’s system, rather, they will be diverted to community-based systems.
“The national council for children services is now in charge of coordination, and oversight roles. Adoption matters have been consolidated in the department of children’s services, and we are making sure that we sensitise as many stakeholders as possible because they are critical in the implementation,” he said.
Mohamed said the biggest challenge is resource mobilisation to undertake a coordinated and uniform sensitisation both in the urban and remote areas.
The amendment also sought to address emerging issues affecting children in Kenya and gaps identified during the implementation of the Children Act 2001, among them radicalisation, online abuse, de-institutionalisation, inheritance and diversion for children in conflict with the law.
For major cases, the law requires the Chief Justice to designate children’s courts in counties and sub-counties and appoint a magistrate to preside over the cases in which a child is a victim or complainant. It further provides that all children coming into conflict with the law will be provided with free legal aid to enable them to navigate through the justice system.
“Clause 64 provides for the establishment of child protection units by the Inspector-General in every police station for the purposes of providing, on a temporary basis, a safe and non-threatening environment for children in conflict with the law,” the law reads.
Clause 142 of the law defines a child in need of care and protection as one who lives in difficult circumstances and needs to be protected from all kinds of abuse and neglect. It also defines a child living on or off the streets as one to be protected by the new law.
Another big score for children is the establishment of a Child Welfare Fund to cater for the needs of children in distress.
“Clause 56 provides that Parliament shall appropriate monies for the National Council for Children Services. Other sources of funding for the council include grants, gifts, donations or other endowments given to the Council.”
The law also introduces a new concept of kinship adoption. Under this concept, relatives wishing to adopt children related to them will be able to do it in a much cheaper, faster way that is devoid of legal technicalities.
The process of amending the Children Act 2001 was necessitated by the need to align it to the 2010 Constitution, the UN Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, and other relevant international instruments relating to children.
Source: MY Gov