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Children Act: What Every Citizen Needs to Know

Children are the foundation of any nation. To protect their wellbeing, Kenya enacted the Children Act, a law that explains the rights of children and the responsibilities of parents, guardians, communities, and the government. This law gives effect to the Constitution and ensures that every child grows up safe, healthy, and respected.

The Children Act applies to all children below the age of 18 years and guides how they should be treated at home, in school, in the community, and before the law.

One of the most important principles in the Children Act is that the best interests of the child must always come first. This means that in every decision involving a child—whether by parents, schools, courts, or government offices—the child’s safety, development, and wellbeing must be the top priority.

Children also have the right to express their views, and their opinions should be considered according to their age and maturity.

The law guarantees every child several basic rights. These include the right to life, survival, development, and protection. Every child has the right to a name and nationality, and to be registered at birth. Children also have the right to free and compulsory basic education, healthcare, proper nutrition, shelter, and a safe environment.

Children must not be discriminated against because of gender, disability, tribe, religion, family background, or any other reason. All children are equal before the law.

The Children Act strongly protects children from abuse. It is illegal to subject a child to physical abuse, emotional abuse, sexual abuse, neglect, or exploitation. Harmful cultural practices such as child marriage, female genital mutilation (FGM), forced circumcision, and virginity testing are strictly prohibited.

The law also protects children from child labour, drug and substance abuse, trafficking, and exposure to harmful online content. Anyone who abuses or exploits a child commits a serious offence and can face heavy fines or imprisonment.

The law clearly states that both parents have equal responsibility to care for their child, whether they are married or not. Parents are required to provide food, shelter, clothing, education, healthcare, guidance, and protection.

Parents must also protect children from neglect and abuse. Failing to take a sick child to a health facility or denying a child education is an offence under the law.

When parents are unable to care for a child, the law provides for alternative care, such as care by relatives, guardianship, foster care, or adoption. Institutional care, such as children’s homes, is meant to be a last resort and used only when family-based care is not possible. Children under the age of three should not be placed in institutions except in very special circumstances.

Children who come into conflict with the law are treated differently from adults. The law emphasizes rehabilitation, guidance, and reintegration, not punishment. Detention is used only as a last option, and children must be kept separately from adults. Children have the right to legal assistance, privacy, and a child-friendly court environment.

Protecting children is not only the duty of parents. Communities, teachers, religious leaders, chiefs, and county governments all have a role to play. The government has established children’s officers, child protection units, and children’s courts to ensure the law is enforced.

Any person may report child abuse or neglect, and the law protects those who act in the best interest of the child.

The Children Act helps build a safer society by ensuring children grow up healthy, educated, and protected. When children are well cared for, communities become stronger and the nation prospers.

Citizens are encouraged to learn the law, respect children’s rights, fulfill parental duties, and speak out against abuse. Protecting children today is an investment in Kenya’s future.

David Waithera

David Waithera is a Kenyan author. He is an observer, a participant, and a silent historian of everyday life. Through his writing, he captures stories that revolve around the pursuit of a better life, drawing from both personal experience and thoughtful reflection. A passionate teacher of humanity, uprightness, resilience, and hope.

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