June 16-30, 2011
ISSUE 042
A bimonthly newspaper by the Media Diversity Centre, a project of African Woman and Child Feature Service
Pathetic state of Kenya’s children By MUSA RADOLI
The Kenyan child is faced with many challenges. From sleeping hungry, failing to go to school, being sexually and physically exploited to being forced into child labour. Children’s rights, therefore, do not seem to play a role as Kenyans look into the State of the Kenyan child, and the continent’s children in general as the Day of the African Child is marked today. The International Day of the African Child has been celebrated on June 16 every year since 1991, when it was first initiated by the Organisation of African Unity. It honours those who participated in the Soweto Uprising in 1976 on that day. It also raises awareness of the continuing need for improvement of the education provided to African children. In celebrating the Day, the Reject looks at the State of the Kenyan child. Though the Children’s Act 2001 set out to entrench and protect the rights and welfare of Kenyan children, reports of rampant violations of these rights across the country continue. “I get thoroughly disturbed when I read in the newspapers, hear over the radio and watch on TV the rampant violations of the rights of children in Kenya. It is bad and horrible considering that we have laws to protect the child,” says Ruth Ann Kawira, an advocate of the High Court. She adds: “There is extremely limited legal representation to protect the rights of the Kenyan child.”
Welfare
Even after The Children’s Act was revised in 2007, what remains to be seen is the effective and efficient implementation of the provisions in the law to ensure that these rights are being enjoyed by the children — a major challenge that is compounded of the same as entrenched in the new Constitution. The welfare of the Kenyan child remains paramount. The Bill of Rights within the new Constitution is comprehensive and sets out rights extending to citizens in general and those of specific groups including children, youth and persons with disabilities. Children’s rights are set out in Article 53. Departing from the conventional limitations on socio-economic rights, Article 53 creates immediate obligations upon the State to fulfil socio-economic rights of children. In effect, the Government is mandated to deliver healthcare, education, nutrition and shelter to all children irrespective of budgetary implications. The new duty on the State with respect to education, for instance will be greater than that provided for in the Children’s Act Continued on page 4
Kenyan children in various states of child abuse taking place in different parts of the country. Pictures: Reject Correspondents
Day of the African Child Read more Reject stories online at www.mediadiversityafrica.org