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CHEERS TO A NEW BEGINNING FOR KENYAN CHILDREN!

The President has finally assented to the Children Bill 2021 which will effectively replace the Children Act 2001.
What does this good news mean for Kenyan children?

Children playing

1. The Children's Act 2021 introduces provisions for social security to enable orphaned and vulnerable children to access alternative care services as a fulfillment of the provisions of Article 43 of the constitution. In addition, the Act specifically pronounces the right to free and compulsory education and health.


2. The Children's Act 2021 is progressive in enhancing protection and promotion of all children by aligning to the provisions of the 2010 constitution, which takes into cognizance of international law under Article 2(5) and (6). The Act further recognizes the fundamental rights of children as a vulnerable group.

3. While recognizing children in need of care and protection, part 2 of the Act further provides for safeguarding of the rights and basic interests of the child taking into consideration issues like violence against children; access to justice for children through diversion programs; the right to parental care and inclusion of alternative care services such as kinship , guardianship, adoption, kafaalah, foster care, care in emergencies among others for children who may not thrive within the biological family.

4. The Act makes provisions for the roles of the county governments in discharging their mandate towards administration of children's services. This is in fulfillment of the provisions under schedule 4 of the constitution that provides for the functions of the county governments. County governments are mandated among other things, to establish child care facilities, make provision or facilitate the access to pre-primary education, play and recreational centers for children and the development of policies and guidelines that affect children.

President Uhuru Kenyatta signing the bill at State house, Nairobi



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