Kenya - DOC by 7HzN9S3S


									               Government of Kenya

Kenya’s Mid-term Review Report on progress achieved in the
  implementation of the AU Plan of Action on Children –
                “Africa Fit for Children”

                        July 2007

Kenya ratified the African Charter on the Rights and Welfare of the Child (ACRWC) in
2000 like other countries in Africa. Articles of the Charter aim at ensuring child survival
and development.

In 2000, the United Nations Special Session on Children (UNGASS) came up with a
time-bound set of specific goals for children and young people to be pursued by State
Parties. These goals are contained in the document A World Fit for Children.
They are in four broad areas: Promoting healthy lives, providing quality education,
combating HIV/AIDS and Protecting against abuse, exploitation and violence.

The African Union (AU) took a common position in May 2001 known as African
Common Position on Children otherwise ‘Africa Fit for Children’. Heads of State and
governments reaffirmed their responsibility to realizing the full range of rights of
children. They came up with a Declaration and Plan of Action to guide member states in
pursuing child rights.

Consequently, member states of the AU were requested to report on the achievements
made towards attaining the goals set out in the UNGASS declaration. This would enable
the AU Secretariat elaborate an African common position on children to be tabled at the
United Nations General Assembly special session on children as Africa’s contribution.

This report provides information that reflects the situation of children in Kenya on issues
raised by the questionnaire from the African Union. The report focuses on data and
statistics general measures of implementation, dissemination of the United Nations
Convention on the Rights of the Child (UNCRC) and the ACRWC, legislation and
policies among other issues.

We hope that this document will provide adequate answers to the issues raised by the AU
Secretariat and elucidate the situation of the Kenya child.

          List of Acronyms
AAC     Area Advisory Council
ACRWC   African Charter on the Rights and Welfare of the Child
AIDS    Acquired Immuno-Deficiency Syndrome
AMREF   African Medical and Research Foundation
ARV     Anti-Retroviral
ASAL    Arid and Semi-Arid Lands
BEOC    Basic Essential Obstetric Care
BoG     Board of Governors
CAS     Country Assistance Strategy
CBO     Community Based Organisation
CEOC    Comprehensive Essential Obstetric Care
CIDA    Canadian International Development Agency
CRC     (UN) Convention on the Rights of the Child
CSO     Civil Society Organisation
DCS     Department of Children Services
DFID    Department for International Development
ERS     Economic Recovery Strategy for Wealth and
        Employment Creation
FBO     Faith Based Organisation
FGM     Female Genital Mutilation
FPE     Free Primary Education
GCN     Girl Child Network
GJLOS          Governance Justice Law and Order Sector
GoK     Government of Kenya
HIV     Human Immuno-deficiency Virus
ILO     International Labour Organisation
IMCI    Integrated Management of Childhood Illness
IMR     Infant Mortality Rate
IPEC    International Programme on the Elimination of Child
ITN     Insecticide treated nets
JICA    Japan International Cooperation Agency
KAACR   Kenya Alliance for Advancement of Children
KCO     Kenya Country Office
KDHS    Kenya Demographic and Health Survey
KEMRI   Kenya Medical Research Institute
KEPI    Kenya Expanded Program on Immunization
KES     Kenya shillings (US $1= Approx. KES.75)
KNCHR   Kenya National Commission on Human Rights
KIBHS          Kenya Integrated Household Budget Survey
MDG     Millennium Development Goals
MNT     Maternal and Neonatal Tetanus
MoEST   Ministry of Education Science and Technology
MoH     Ministry of Health
MoPND   Ministry of Planning and National Development
MPET    Master Plan on Education and Training

NACADA   National Agency for the Campaign Against Drug Abuse
NCC      Nairobi City Council
NCCS     National Council for Children Services
NGO      Non-Governmental Organisation
NHSSP    National Health Sector Strategic Plan
NPAN     National Plan of Action for Nutrition
NSHIF           National Social Health Insurance Fund
OVC      Orphans and Other Vulnerable Children
PMTCT    Prevention of Mother to Child Transmission
PRSP     Poverty Reduction Strategy Paper
SIDA     Swedish International Development Agency
SOWCR    State of the World’s Children Report
SWAP     Sector-wide Approach to Planning
UNCRC    United Nations Convention of the Rights of the Child
UNESCO   United Nations Educational, Scientific and Cultural
UNFPA    United National Population Fund
UNHCR    United Nations High Commission for Refugees
UNICEF   United Nations Children’s Fund
UPE      Universal Primary Education
USAID    United States Agency for International Development
VCT      Voluntary Counselling and Testing
WHO      World Health Organisation

AFRICAN UNION                                    UNION AFRICAINE
                                                 UNIÃO AFRICANA
     Addis Ababa, ETHIOPIA   P. O. Box 3243   Telephone 5517 700 Fax :517844


                      ‘AFRICA FIT FOR CHILDREN’

   (Questionnaire and Framework for reports on progress achieved by
  Member States towards the implementation of the AU Plan of Action on
                   Children - Africa Fit for Children).


      It will be recalled that pursuant to the decision taken by the UN General
Assembly to hold a Special Session on Children in September 2001 the 72nd
Session of the then OAU Council of Ministers adopted Decision CM/Dec.
542(LXXII) Rev. 1 requesting the OAU Secretariat to elaborate an African
Common Position on Children to be tabled to the UN General Assembly Special
Session (UNGASS) on Children as Africa‟s contribution.

      In implementation of the above Decision, a draft African Common Position
was developed. The document was shared with a wide number of UN Agencies,
regional and national NGOs and other stakeholders for inputs. The first draft was
submitted to the April 2001 Session of the OAU Labour and Social Affairs
Commission which requested Member States to submit further inputs to enrich
the document. Subsequently, the draft Common Position was considered and
adopted by the Pan-African Forum on the Future of Children held in Cairo, Egypt
in May, 2001 and endorsed by the 74 Session of the OAU Council of
Ministers and 37th Assembly of Heads of State and Government in July

        In adopting the African Common Position which consists of a Declaration
and a Plan of Action, Member States recognised that the future of Africa lies with
the well being of its children and youth and reaffirmed their responsibility to
realising the full range of the rights of children. They also committed themselves
to respond to the needs of Africa‟s children, in particular, the most vulnerable.

        The adopted Plan of Action is the policy framework for implementing the
goals set out in the Common Position. It provides guidelines and key objectives
to be achieved and gives latitude to Member States to formulate their own
mechanisms based on their national needs and specificities. The priority areas
identified in the Plan of Action include: the overall framework for realising the
rights of the child in Africa, in particular, the call for realistic National Plans of
Action; enhancing the life chances; overcoming HIV/AIDS; realising the right to
education; realising the right to protection, including, legal and protection against
violence, abuse and exploitation; and participation of youth and children. It also
calls for actions to be undertaken at all levels and for an international partnership
to assist in realising the rights of children in Africa. Furthermore, it provides
follow up and monitoring guidelines for various stakeholders to implement the
Plan of Action at national, regional and continental levels. The Plan of Action
describes them as follows:

Levels         Structure       Activities

National       National        a) Develop clear and realist national plans with
               Mechanism          achievable goals, clear timetables with
                                  adequate resources;
                               b) Review progress in the implementation of the
                                  PoA on annual basis
                               c) Establish mechanisms for high level
                                  supervision and monitoring of policies and
                                  ensure the implementation of national
                                  programmes for and with children;
                               d) Establish participatory monitoring
                                  mechanisms to allow communities, civil society
                                  Organisations and children to monitor the
                                  programmes intended for children as well as
                                  child rights abuses and violations;
                               e) Use disaggregated data by geographical units
                                  and population groups to enable decision-
                                  makers understand data better and formulate
                                  appropriate decisions on children and their

Regional       RECs            Monitor Member States in the implementation of
                               the PoA, evaluate the performance in achieving the
                               goals and propose measures to be taken

Continental    AU              a) Monitor Member States in the implementation
               Commission         of the PoA and in achieving the set goals
                               b) Produce regular biennial report on the status of

                                 the African child;
                             c) Hold special sessions for children every two
                                 years to review progress in implementing
                                 commitments to children‟s rights and welfare;
                             d) Conduct mid-term review on progress achieved
                                 in implementing the PoA in 2006
                             e) Present joint report to AU Summit focussing on
                                 specific issue relevant to children
                             f) Encourage development of information systems
                                 at country level capable of generating data and
                                 the situation of the African child

              African      a) Monitor Member States in the implementation
              Committee of    of the PoA, evaluate performance in achieving
              Experts on      the goals and propose measures to be taken;
              the Rights   b) Examine the special needs of African children
              and Welfare     and evaluate the implementation of the
              of the Child    provisions of the ACRWC;
                           c) Disseminate the Declaration and PoA as
                              widely, inform teachers and community leaders
                              about the significance of the Common Position
                              with a view for them to teach its contents and
                              involve children in pursuing strategies to
                              monitor its implementation and realise their

      The following questionnaire has been developed within the framework of
the mandate given to the AU Commission in the Plan of Action and in Decision
Assembly/AU/Dec.75(V) to conduct a Mid-term Review to assess progress
achieved in implementing the Plan of Acton.

      However, achievements are country specific. For ease of reference and
harmonisation in the collection of data and information across the continent, a
simple framework has been designed to that effect

                                 Completed Questionnaire


Country’s Name             Kenya
Ministries in Charge of    Ministry of Home Affairs
Children issues            Department     of    Children‟s
Address:                   Services
Tel:                       P.O Box 46205
Fax:                       Nairobi
E-mail:                    GPO 00100
                           +254 20 228411

Other Ministries dealing   Ministries:                        Departments:
with issues related to      Ministry of Planning              Kenya National Bureau of Statistics
children                    Ministry of Finance                (KNBS)
                            Ministry of Health                National Aids Control Council
                            Ministry of Education              (NACC)
                            Ministry of Labour                National Coordinating Agency for
                            Ministry of Youth                  Population     and    Development
                            Ministry of Gender, Sports         (NCAPD)
                              Culture and Social Services      National Agency for Campaign
                            Ministry of Justice and            Against Drugs and Substance
                              Constitutional Affairs            Abuse (NACADA)
                            Ministry of Immigration and       Department of Civil Registration
                              Registration of Persons           (DCR)
                            Ministry        of       Local    Street Families Rehabilitation Trust
                              Government                        Fund (SFRTF)
                            Ministry     of    State   for    Police Department
                              National     Security    and     Prison Department
                              Provincial Administration        Department of Probation and
                            Ministry of State for Special      Aftercare.
                              Programmes                         Judiciary
                                                                 Attorney General‟s Chambers
                                                                 Office Public Prosecutor
                                                                 Provincial Administration
                                                                 Immigration
Structure mandated to      The National Council for
follow-up on the           Children’s Services
implementation of action   P.O Box 6446
plans for children         Nairobi
                           +254 20 310257

     PART I

     Initiatives taken in safeguarding the best interest of the child in all
     development matters.

          Actions required                  Examples             Country Status

1.   Ratify the African Charter    - Year of ratification           Kenya Ratified the African
     on the Rights and Welfare                                       Charter on the Rights and
     of the Child                                                    Welfare of the Child in 2000

2.   Implement the provisions of   - Children‟s Act                 Children Act, 2001 in place
     the Charter                   - Child Protection Act            and under review
                                   - Labour Laws etc                Sexual Offences Act, 2006
                                                                    Refugee Act, 2006
                                                                    Education Act (1982),
                                                                     Taskforce currently
                                                                     reviewing the Act guided by
                                                                     the Children Act
                                                                    Public Trustee Act Cap 168
                                                                    Succession Act Cap 160
                                                                    Persons with Disabilities Act
                                                                    Adoption Regulations (2005)
                                                                    Youth policy
                                                                    Teachers Service
                                                                     commission Act
                                                                    Adolescent Reproductive
                                                                     Health Policy
                                                                    Early Childhood
                                                                     Development Policy, 2006
                                                                    Charitable Children’s
                                                                     Institutions Regulations,2005

3.   Accede to or ratify other     - UN Convention on the           Ratified the UNCRC in 1990
     regional and international    Rights of the Child;

                                   - The Palermo Protocol;          Acceded to in 2005

                                   - The Optional Protocol to       Signed in 2000 but not
                                   the Convention on the             ratified
                                   Rights of the Child on
                                   the Sale of Children, Child
                                   Prostitution and Child


                                  - The Optional Protocol to         Signed in 2000, Ratified in
                                  the Convention on the               2002
                                  Rights of the Child on the
                                  Involvement of Children in
                                  Armed Conflicts;

                                  The ILO Convention                 Ratified 2001
                                  No.182 concerning the
                                  Prohibition and Immediate
                                  Action for the Elimination of
                                  the Worst Forms of Child
                                  Labour etc…
                                                                     Ratified in 1979
                                  Convention 138 on                  The Employment Act sets
                                  minimum age of                      minimum age of entry into
                                  employment                          employment (light work) at
                                                                      age sixteen (16)
4.    Legislate and domesticate   - Children‟s Act,                  Children Act 2001
     international instruments    - Child Protection Act,             incorporates issues
     into National Legislations   - Labour Laws translating           identified in the UNCRC and
                                    into concrete actions the         the ACRWC.
                                    ILO Convention no.182            Child protection issues are
                                    on the worst form of              incorporated in the Children
                                    labour etc.                       Act which is currently under
                                                                     Labour laws have been
                                                                      reviewed and a labour bill is
                                                                      currently before parliament.
                                                                     The employment bill part 7
                                                                      provides for the protection of
                                                                      children against child labour.
                                                                      The penalties on
                                                                      perpetrators have been made
                                                                      more punitive. Where the
                                                                      Offence constitutes Worst
                                                                      Forms of Child Labour
                                                                      offender shall be liable to a
                                                                      fine of Kshs. 50,000 or
                                                                      maximum imprisonment of
                                                                      12 months or both.
                                                                     Draft guidelines on child
                                                                     Charitable Children’s
                                                                      Institutions Regulations,

                                                                  National Early Childhood
                                                                   Development Policy, 2006
                                                                  Adoption Regulations, 2005
                                                                  Orphans and Vulnerable
                                                                   Children draft Policy.
                                                                  Sexual Offences Act, 2006

5.   Reporting on                Year     report(s)       were    Initial report submitted in
     Implementation of the       submitted                         2007
     African Charter on the
     Rights and Welfare of the
                                                                  Ministry of Home Affairs-
6.   Provide Institutional       - Establishment of Ministry       Department of Children’s
     responses/ programmes to    for Children‟s Affairs,           Services exists
     address Children‟s
     problems                    - Children‟s Desk at the         Division of Child Health in
                                 Ministry of Health or             the Ministry Of Health
                                                                  All government hospitals,
                                                                   dispensaries and health
                                                                   centres cater for
                                                                   children/have paediatric

                                                                  One specialized private
                                                                   children’s hospital is in place

                                                                  NCCS established in 2001
                                 -National Children‟s
                                                                       A National Ombudsperson
                                 Ombudsperson for                      Committee has been
                                 children‟s Office,                    established in 2007 and will
                                                                       be receiving complaints
                                                                       from all Kenya citizens
                                                                       including children.

                                                                      National Council for
                                                                       Children’s Services serves
                                                                       as the Ombudsperson for
                                                                       child welfare.

                                                                  There is one Children’s
                                 Children‟s Parliament,            Parliament in place but
                                                                   managed by the Civil society

Children‟s hospital etc.          There are special paediatric
                                   units in all public hospitals,
                                   health centres and
                                   dispensaries in the country.
                                   There is one private
                                   children’s hospital in place

                                  A Cash Transfer Programme
Social Protection issues for       (CTP) is being implemented
children etc.                      in selected districts, where
                                   families are financially
                                   supported to take care of
                                   Orphans and Vulnerable
                                  Devolved Funds such as the
                                   Constituency Development
                                   Funds (CDF), Constituency
                                   Bursary Funds, Local
                                   Authorities Transfer Funds ,
                                   Local Authorities Service
                                   Delivery Action Plan,
                                   Constituency Aids Control
                                   Funds have been introduced
                                   at the district and
                                   constituency levels.
                                   A draft social protection
                                   policy is being developed to
                                   cater for the poor and other
                                   vulnerable groups.

                                  One Unit at the Police
-Special Police Units to           Headquarters in Nairobi
handle issues involving            coordinates Child Protection
children;                          Units (CPU) in 14 districts.
                                   All other police stations have
                                   children’s desks. More CPUs
                                   are being established to
                                   cover all areas.

                                  There are three special
- Special Children‟s Courts        children’s courts in
                                   Kakamega, Mombasa and

                                                                  119 children’s magistrates
                                                                   gazetted to handle children’s
                                                                   cases country wide in child
                                                                   friendly courts and
                                                                  The high court also has a
                                                                   family division.

7.   Take Measures to               - Multi-Media Coverage of     Dissemination of the UNCRC
     empower the NGOs,              children‟s issues,             and ACRWC reports at
     Community-based                                               National and Provincial and
     Organisations, Faith based                                    District levels through
     organisations as well as                                      workshops and community
     the Civil Society on child‟s                                  meetings (Barazas)
     rights/child welfare issues
                                                                  Pull –outs and supplements
                                                                   in the electronic and print
                                                                   media on the rights of the

                                                                  Specific Days are celebrated
                                                                   and given media coverage.
                                                                   E.g. day of the African Child,
                                                                   Child Labour Day, World
                                                                   Orphans Day, Child-Health
                                                                   and Nutrition Weeks.

                                    -Workshops, seminars and      Awareness campaigns for all
                                    awareness raising              stakeholders have been
                                    campaigns conducted at         carried out at all
                                    local levels;                  administrative levels.
                                                                   Sensitisation on the Children
                                                                   Act, on the UNCRC and
                                                                   ACRWC has been done

                                                                  The ACRWC is integrated in
                                                                   the training on child rights

                                    - conduct of training         Sensitisation and training of
                                    sessions on identifying        the Area Advisory Councils
                                    OVCs etc.                      on responding to Orphans
                                                                   and Vulnerable Children
                                                                   takes place at the community


8.   Conduct Outreach            -carry forward an inclusive        School feeding programmes
     Programmes in hard to       child agenda in remote              exist in 29 ASAL Districts.
     reach areas                 areas                              Mobile schools, libraries,
                                 -introduce child mentoring          clinics and mobile courts in
                                 programmes, food                    Narok, Dadaab, and Turkana.
                                 programme, basic                   The department of civil
                                 literacy/numeric                    registration conducts social
                                 programmes, birth                   mobilization campaigns to
                                 registration .etc                   increase community
                                                                     awareness on birth
                                                                     registration issues.The
                                                                     campaigns target provincial
                                                                     administration, opinion
                                                                     leaders who are supposed to
                                                                     sensitize the people on the
                                                                     importance of birth

9.   Plan and make good use of    -multi sectoral                   The Sector Wide Approach to
     aid from Donors and         programming for multi-level         Planning is being used to
     Partners                    benefits and taking                 implement programmes in
                                 advantage of other                  Education, Water, Health,
                                 mechanisms e.g. PRSPs,              Governance, Justice Law
                                 MDGs, etc to integrate              and Order.
                                 children‟s rights and issues;      The United Nations
                                                                     Development Assistance
                                                                     Framework (UNDAF) and the
                                                                     Kenya Joint Assistance
                                                                     Strategy (KJAS) are
                                                                     frameworks that bring UN
                                                                     agencies and development
                                                                     partners together to
                                                                     prioritise support to the
                                                                     GOK. An example of a multi-
                                                                     sectoral, multi-partner
                                 - Networking to avoid               programme is the Cash
                                 wastage of resources,               Transfer Programme.
                                 duplication of work and
                                 Donor Fatigue

                                                                    The NCCS brings together
                                 -Coordinating and setting           various stakeholders (Line
                                 up of viable follow-up              Ministries, Donors, NGOs,
                                 mechanism to ensure                 private sector and CSOs and
                                 timely monitoring,                  UN bodies) in the country to
                                 evaluation and reporting            plan, implement and monitor

                                                                   children’s welfare
                                                                   programmes e.g.
                                                                   collaboration in the UNCRC
                                                                   and ACRWC reporting

                                                                  Initiatives are also in place to
                                                                   monitor and coordinate the
                                                                   use of e-governance in line
                                                                   Mechanisms to ensure
                                                                   implementation and
                                                                   monitoring include the
                                                                   signing of performance
                                                                   contracts by all line
                                                                   ministries. The Rapid Results
                                                                   Initiative (RRI) is another tool
                                                                   that assists line ministries in
                                                                   setting and achieving targets
                                                                   in a short term.

                                                                  The government has also
                                                                   developed a National
                                                                   Integrated Monitoring and
                                                                   Evaluation System (NIMES)
                                                                   to track the progress in
                                                                   implementing the ERS. This
                                                                   system has enabled the
                                                                   ministry of Planning to
                                                                   publish two annual reports
                                                                   detailing the progress the
                                                                   country has made.
10. Set up appropriate            -Children‟s Desk at the         The Kenya National Bureau
    mechanism for the             Central Statistical Office       of Statistics is responsible
    collection of disaggregated                                    for collecting disaggregated
    data for analysis and                                          data for the entire country.
    applied research in child‟s                                    Data on children is collected
    rights and child welfare                                       regularly through national
                                                                   surveys such as the
                                                                   Demographic and Health
                                                                   Survey, the Malaria Survey
                                                                   the Kenya Integrated
                                                                   Household Budget Survey
                                                                   and the National Census. The
                                                                   Ken Info database launched
                                                                   by the Ministry of Planning in
                                                                   2004 that houses information
                                                                   on women and children in

                                 Kenya from these sources.
                                 Administrative data on health
                                 and education is collected
                                 regularly through the
                                 Education Management
                                 Information System (EMIS)
                                 and the Health Information
                                 Management System (HMIS)

-Statistical and Research       Specific staffs in the
Department at the Ministry       Department of Children’s
for Children‟s Affairs           Services are assigned data
                                 collection and statistics
                                 duties and document best
                                 practices and guidelines on
                                 children’s issues.

-Observatory on the Rights      1 National and 14 District
of the child at national /       observatories work to
regional level to evaluate       influence the Mid Tem
data; identify examples of       Expenditure Framework
best practices in child‟s        (MTEF) process to ensure
rights/ welfare and ensure       that it is child friendly.
their appropriate
domestication                   The National Council for
                                 Children’s Services and the
                                 Department of Children
                                 Services coordinate data
                                 collection and
                                 documentation of best
                                 practices for global reporting
                                 processes (e.g. the UNCRC,
                                 WFFC+ 5) that require
                                 information on the status of
                                 children in Kenya. The Kenya
                                 National Commission on
                                 Human Rights also monitors
                                 child rights at National level.


1. What were the immediate actions taken at national level to implement the
   Declaration and Plan of Action including raising awareness and popularising

 The enactment of the Children Act in 2001 was one of the direct
 consequences of the UNCRC and ACRWC. Popular versions of the
 Children Act, which adheres to all aspects of the ACRWC and the
 Declaration and plan of Action, were widely disseminated at Provincial,
 District and Divisional levels and targeted children, NGOs, Government,
 religious organisations.

 The Kenya government places emphasis on the celebration of the Day of
 the African Child at all administrative levels. Through these national and
 District level events communities, policy makers and stakeholders are
 sensitized on child rights as guided by the ACRWC. For example over the
 last three years, sensitisation through radio programmes, television
 documentaries and other media on combating child trafficking, Violence
 against Children and Birth Registration has taken place.

2. Were existing structures used to implement the Declaration and Plan of Action
   or were new structures established?

 The National Council for Children’s Services (NCCS) was created as a
 result of the domestication of the UNCRC and the ACWRC. The NCCS is
 responsible for general supervision and control over planning, financing
 and coordination of child rights and welfare activities in the country and
 advises the government on all aspects of child welfare. It also makes
 regulations, coordinates evaluation, monitoring and reporting of
 programme and activities targeting children. The council also facilitates the
 donor funding of child welfare activities.
 Existing District children’s advisory councils were also legalised,
 restructured and renamed the Area Advisory Councils (AACs) to implement
 the declaration, the plan of Action and the UNCRC. These structures have
 representation at all administrative levels from National, Provincial, District
 and Divisional levels. The Department of Children’s Services is responsible
 for the implementation of the Declaration and Plan of Action.

3. Has your country developed a National Plan of Action to realise the rights of
   children and develop programmes to that effect? Is it focussed on the priority
   areas as identified in the Plan of Action? If yes, briefly describe the process:
   key departments, agencies and partners involved the calendar of activities, its
   financing modalities, achievements realised so far and constraints

 A five year strategic plan (2002-2007) was developed for the
 implementation of the Children Act which focuses on the establishment of
 structures and guidelines to facilitate the implementation of the Children

 As a result of the strategy various structures such as the children’s courts
 came into being. Guidelines for stakeholders in the area of child rights
 were also developed and included Child Participation Guidelines,
 Charitable Children’s Institutions Regulations, and Adoption Regulations.
 Key programmes and initiatives to note include the introduction of Free
 Primary Education, free medical services for children under five, time
 bound programme on child labour which seeks to withdraw children from
 worst forms of child labour. A study on sexual exploitation of children and
 child sex tourism was conducted in the coast region and disseminated
 widely; thereafter a code of conduct for the hospitality industry to protect
 children from sex exploitation and sex tourism was developed and signed
 by hoteliers in the Coast Province. Within the same period an International
 conference on FGM was held in Kenya from which a National Plan of Action
 on the Elimination of FGM was developed.

 The development of the strategy was supported by CSOs and development
 partners such as GTZ, CRS, UNICEF, PLAN, KAACR, Save the Children
 Alliance, Action Aid, ANPPCAN Regional and Kenya Chapters. Key line
 ministries such as local government, health, education, labour, registrar of
 births were also involved and actively participated in developing and
 implementing the plan of action.
 Poverty, HIV and AIDS, and harmful cultural practices, natural calamities
 such as drought and floods, clashes, continue to lead to situations of
 orphan hood, child labour, neglect and abuse. In addition to this,
 inadequate resources continue to remain a large constraint to
 implementing programmes that address these issues. Dissemination of the
 ACRWC has also been difficult due to the linguistic diversity of the Kenyan
 Under the guidance of the NCCS the process of the development of a
 National Children’s Policy and National Plan of Action 2007-12 is underway.

4. Is the Declaration and Plan of Action being utilized to guide your Ministries in
   the formulation of programmes for children? Give at least three examples.

Various programmes for children that respond to the Declaration and Plan of
Action have been implemented in Kenya.

In 2002, the government through the Ministry of Education introduced Free
Primary Education. As a result of this enrolment increased from 5.9 million to
7.9 million children. However, 0.7 million children are still out of school and
geographic and gender disparities still exist.

In a context of high infant mortality, which stands at 77 deaths per 1000, due
to poor nutritional status, childhood illnesses, such as Malaria, which kills an
estimated 94 children a day, and Acute Respiratory Infections, the Ministry of
Health has implemented various programmes that will go a long way towards
reversing the deteriorating child health indicators. All fees for children under
five years in hospitals and health facilities have been waived, taxes on
imported mosquito nets have been waived and price subsidized while the
Ministry has also significantly scaled up the distribution of Insecticide
Treated Nets.

In the context of HIV/Aids and the growing number of orphan children in the
country, the Department of Children’s Services in the Ministry of Home
affairs introduced the Cash Transfer programme to enable families to cater
to the needs of orphans and vulnerable children.

5. What working relationship have you established with NGOs, regional
   Organisations and other Organisations in implementing the Plan of Action?

 In 2003 the Government established a steering committee on the
 implementation of the Convention on the Rights of the Child. The
 implementing committee drew membership from the different stakeholders
 including NGOs, UN Agencies, government and religious organisations.

 Under the guardianship of the steering committee, there are national sub
 committees that deal with the various articles in CRC. The committees are
 comprised of government and other stakeholders including USAID, DFID,
 Policy Project, GTZ, Save the Children Alliance and SIDA.

 Standing committees that comprise all stakeholders have also been
 established (Child Participation Committee, CCI committee, UNCRC and
 ACRWC reporting committee, Child Labour Committee, Street Families
 Rehabilitation Committee). These committees have developed various
 policies and other documents that help Kenya realize the rights of the
 child. Such policies include the OVC policy, an OVC National Plan of
 Action, the AAC guidelines, Child Participation Guidelines, CCI
 Regulations, National ECD Policy and the Adoption Regulations. These
 policies and documents have been developed in a participatory manner
 and validated by all the stakeholders to ensure ownership.

6. Have you included children activities in your Poverty Reduction Strategy
   Papers (PRSP)?

 The poverty reduction strategy is being implemented thorough the
 Economic Recovery Strategy for Wealth and Employment Creation (ERS
 2003-2008). The ERS has four major pillars one of which addresses issues
 of children and the youth through increased allocation to the social
 services sector such as education, health, social protection and other

 safety net programmes e.g. Immunization programmes, Integrated
 management of Child health, Free primary education in public schools, a
 funded proposal waiver of tuition fees in public secondary school(to
 commence in 2008 Jan) and devolved funds at the constituency level.

7. What is the percentage of the national budget allocated for financing activities
   on children and the implementation of the Plan of Action? Are funds also being
   mobilized to supplement the national budget?

 Apart from its budget for Education the government is yet to clearly
 demarcate its budget allocation for child specific issues. This information
 has to be extracted from the overall sector budget. There has, however,
 been a substantial increase in the allocation to the social sector both from
 public and private sectors: education, health and other sectors dealing with
 children’s activities as shown in the table below;

 Table 1:
  Year/Ministry           2004/05      2005/06     2006/07           2007/08
  Education               79billion    87billion   97billion         119billion

  Health                  17billion    20billion   33billion         34billion

  MOHA(Children           255million 323million 502million           698million
 Source Government Printed Estimates

 Donors are also being made to enhance support towards the national
 budget and initiatives for pooled funding such as the Wealth and
 Employment Creation

 8. Actions taken to disseminate the Declaration and Plan of Action among the
 Civil Society and private sector with a view to informing them and encouraging
 them to participate in the implementation process, in particular, to providing
 assistance and financial resources.

The state party ensures that CSOs and NGOs are captured in the
sensitisation and awareness raising campaigns that take place.         The
Department of Children’s Services and the National Council for Children’s
Services ensure that both CSO and private sector stakeholders are
members of all the structures that are responsible for the dissemination of
the Declaration and Plan of Action and actively participate in the
sensitisation and awareness creation.

The membership of the board of the National Council for Children’s Services
(NCCS) includes representatives from the private sector to ensure that they
participate both in the planning and implementation of the NCCS’ strategy

and activities. In this way the private sector is also sensitised on the funding
gaps and opportunities for resource contribution.
      PART III:     Report on Achievements with regard to the African Common Position - Africa Fit for Children

      The column for indicators is not exhaustive and Member States are free to bring forth their own experiences in
      terms of actions/ activities carried out.

Areas                Recommended             Indicators        Results Achieved                                        Constraints
                        Actions                                                                                        Encountered/Other
1. Enhancing the
life chances          i) Provide         i) Policies, laws,    -Children Act 2001                                       Slow enactment of
                      assistance and     budget allocated to   -Sexual Offences Act 2006;                                policies, legislation due
Objective:            protection of      support family        -ECD Policy 2006;                                         to poor capacity for
to ensure that        family units and   (social benefit)      -Draft Child Labour Policy,                               implementation.
every child in        the extended                             -Youth Policy,
Africa has a good family system;                               -Adolescent Reproductive Health Policy;                  Poor dissemination
start in life, and to                                          -Cash transfer programme for Orphans and                  and awareness
grow and develop                                               Vulnerable Children;                                      creation for the general
in child friendly,                                             -OVC Draft Policy                                         public on policies.
nurturing                                                      -National Plan of Action;
environment of                                                                                                          Inability of existing
love, acceptance,                                              There are various budgetary initiatives that exist to     systems to respond to
peace, security                                                support family such as:                                   demand created by the
and dignity.                                                   -The budgetary allocation to the cash transfer            policies and Acts.
                                                               programmes since 2005:
                                                               2005/06 -48 m                                            Insufficient funds to
                                                               2006/07 -56 m                                             implement the requisite
                                                               2007/08- 169m                                             programmes.
                                                               -The National Bursary Fund for education increased
                                                               from Kshs. 500-800million between 2006 and

Areas   Recommended              Indicators         Results Achieved                                   Constraints
           Actions                                                                                     Encountered/Other
                                                    2007/08.                                            Inadequate institutional
                                                    -A waiver of tuition fees for secondary school       frameworks
                                                    students will be introduced in 2008.
                                                    - Devolved Funds:                                   Poor networking
                                                    -Constituency development funds; Local Authority     between the various
                                                    Transfer Fund, Constituency Aids Funds,              structures involved in
                                                    Constituency Bursary Fund                            effecting the legislation
                                                    -Kshs. 5 billion Women‟s Development Fund
                                                    -Kshs. 1.25 billion for the National Youth Fund     Increasing levels of
                                                                                                         poverty, disease etc
        ii) Ensure proper   i) Existence of adult Adult Basic Education exists under the Ministry of
        growth and          literacy              Labour and Human Resource Development
        development of      programme;
        children through
        provision of        ii) Adult literacy      79% -(90% urban 75.5% rural) KIHBS
        education, and      rate;
        information to
        families,           iii) Rate of assisted   42% done by qualified professionals (KDHS)2003
        caregivers and      child birth;
        the community
        on health, early    iv) Under-five          115 per 10000 Total; 93 urban 117 rural (KDHS
        childhood care      mortality rate          2003) confirm
        and                 v) Malnutrition rate    20% Total (13% Urban ,21% Rural); Stunting 30%,
        development         for children under      Wasting 6%, Underweight 20% (KDHS 2003)
        services, and       five

Areas   Recommended              Indicators       Results Achieved                                       Constraints
           Actions                                                                                       Encountered/Other

        iii) Intensify      i) Existence of       Kenya Expanded Programme on Immunization                Ignorance of the
        immunization        Measles and polio     overseas immunization in Kenya. Programme covers         importance of
        programmes to       immunization          eight immunization disease i.e. Tuberculosis, polio,     immunization causes
        meet the set        programmes            diphtheria, whooping cough, tetanus, hepatitis B,        low rates of
        goals on                                  haemophilias influenza, measles                          immunization
        Expand National
        Days to include     ii) Current rate of   Fully Immunized 12-23months – 57%
        services for        immunization;         Measles Vaccine 72.2%
        mothers to allow
        them to take                                   2001 2002             2003     2004 2005 2006
        care of their own                         BCG    71% 80%              87%   92% 94% 95%
        health together                           OPV3 58% 62%                72%   73% 68% 74%
        with that of the                          DPT    68% 66%             89%    76% 77% 78%
        children;                                 Measles 52% 69%            73%    67% 69% 77%
                                                  FIC     42% 46%            57%    59% 61% 69%
                                                  Source: KEPI Ministry of Health
                                                  2003 KDHS

                                                  The Department of Preventive and Promotive health
                            iii) Programme on
                                                  service has divisions whose programmes focus on
                            family care;
                                                  family. This includes reproductive health, Child
                                                  health, Nutrition and immunization.

Areas   Recommended       Indicators         Results Achieved                                           Constraints
           Actions                                                                                      Encountered/Other

                                             80% (KDHS)                                                  Maternal mortality rate
                      iv) Number of          Expected pregnancies 1.7million                              still remains high at
                      women benefiting                                                                    414 deaths per
                      from ante and post-    Ante natal beneficiaries 1.5million                          100,000. Regional
                      natal consultations;                                                                disparities still exist
                                             Post natal beneficiaries 10% (NASCOP)                        with estimated 1,000-
                                                                                                          1300 deaths per
                                                                                                          100,000 live births in
                                                                                                          North Eastern Kenya.

                      v) Existing            KEPI allows for the participation of all stakeholders in
                      cooperation with       immunisation in the country.
                      partners such as       An interagency child health coordinating committee
                      WHO, UNICEF etc.       exists. Stakeholders include line ministries, UN
                      in the field of        agencies, Non-Government Organizations and Faith
                      immunization:          Based Organizations. These provide technical and
                                             financial support for immunization and other child
                                             health issues.

Areas   Recommended            Indicators       Results Achieved                                   Constraints
           Actions                                                                                 Encountered/Other

        iv) Increase      i) Budget allocated   Total Allocation for the 06/07-07/08 period Kshs
        national          to primary health     6billion broken down as follows;
        budgetary         care:                 Preventive and promotive health
        allocation to the                       06/07 1.4bn
        health sector                           07/08 1.9bn
        particularly to                         NASCOP
        the primary                             06/07 61m
        health care                             07/08 64m
        sector.                                 Malaria
        Governments                             06/07 58m
        shall commit                            07/08 37m
        themselves to                           Source Ministry of Health
        domestic and
        communities to
        establish special
        health funds in
        order to restore
        the weak or
        collapsed health
        services in their

Areas   Recommended              Indicators        Results Achieved                                          Constraints
           Actions                                                                                           Encountered/Other

        v) Expand           i) Current rate of     89% (KDHS 2003)                                            Maternal mortality rate
        primary health      antenatal care                                                                     still remains high at
        care to include                                                                                        414 deaths per
        reproductive        ii) Current rate of    10% (NASCOP 2003)                                           100,000. Regional
        health services,    postnatal care                                                                     disparities still exist
        safe delivery                                                                                          with estimated 1,000-
        units and           iii) Current rate of   414 per 100,000                                             1300 deaths per
        antenatal and       maternal mortality                                                                 100,000 live births in
        postnatal care      and neo-natal                                                                      North Eastern Kenya
        and focus on        mortality
        reduction of
        maternal and
        neonatal            iv) Rate of maternal Urban 26% and Rural 34% average 29%
        mortality and       morbidity and neo-
        morbidity.          natal;
        Develop new
        training            v) Existing training    There are Mid-level colleges for Paramedical staff in
        programmes for      programme for            Public, Mission and private institutions,
        primary health      health care             2 Medical schools exist
        care providers in   providers:              Over 3,000 Traditional Birth Attendants trained by
        order to make                                2000
        these services
        possible;           vi) Budget allocated 2006/2007 Kshs. 33.3 billion
                            to health:           2007/2008 Kshs. 34 billion (9% of the national

Areas   Recommended             Indicators        Results Achieved                                       Constraints
           Actions                                                                                       Encountered/Other

        vi) Integrated      i) Deaths due to      400 per day (NASCOP 2006)
        programmes for      HIV/AIDS;
        hepatitis and       ii) Current           Existence of national PMTCT programme; VCT
        other infectious    programme on          clinics; ART (89% of all public hospital offer PMTCT
        diseases in         mother-to-child       services).
        primary health      transmission of
        care services, in   HIV/AIDS;
        particular the
        prevention of
        mother to child     iii) Deaths due to    Year:      2003     2004        2005
        HIV/AIDS            tuberculosis,         No. of deaths:
        transmission;       hepatitis and other   TB        20468     21130      20172
                            infectious diseases   Hepatitis    233      374         418
                                                  Measles     3965     2898       3104

Areas   Recommended           Indicators       Results Achieved                                     Constraints
           Actions                                                                                  Encountered/Other

        vii) Implement    i) Current rate of   Malaria is the most common cause of mortality in
        the 2000 Abuja    malaria in the       Kenya. 34,000 children die every year of malaria.
        Declaration and   country
        Plan of Action                         Malaria contributes to 49% of deaths in Malaria
        on Roll-Back                           endemic regions
        Malaria and
        observe April     ii) Existence of        Division of malaria control in the Ministry of
        25th of each      preventive               Health.
        year as Africa    programme:            National Malaria strategy (GFTAM)
        Malaria Control                         ITN distribution and drug therapy.
        Day;                                    National Malaria Strategy (2002- 2005).
                                               Intervention areas include:
                                               - management of malaria illness,
                                                -vector control,
                                               - control of malaria in pregnancy and control of
                                               malaria epidemics.
                                               -Tax on imported mosquito nets has been waived and
                                               prices subsidized.
                                               -Various ways of increasing ITN coverage and
                                               targeting the poor have been implemented including
                                               highly subsidized or free ITNs.

                          iii) Existing        Country celebrates the Africa Malaria Day annually
                          declaration on       on 25th April.
                          Africa Malaria
                          Control Day:

Areas   Recommended               Indicators         Results Achieved                                         Constraints
           Actions                                                                                            Encountered/Other

        viii) Ensure food    i) Percentage of        32% (10million) Source Ministry of Health
        security of          population under
        families and         minimum level of
        communities,         dietary energy
        give education       consumption;
        and information
        on timely and
        appropriate          ii) Number of           All districts in the country have access to IEC/CC on
        complementary        beneficiaries of        nutrition. Through Malezi Bora initiative which
        feeding and          IEC/CC Nutrition;       promotes maternal and child health at health facility
        improve health                               level, nutrition messages are being aired on radio and
        care services to                             through other media and social mobilization
        reduce                                       initiatives.
        community-           iii) Existing           A National Food and Nutrition policy is being drafted
        based strategies     community-based         and is at an advanced stage.
        that help in         programmes to           Community based programmes include:
        monitoring the       control the             - Njaa Marufuku
        nutritional status   nutritional status of    - Community Growth Monitoring and Promotion
        of women and         women and               - Community Home care management including
        children;            children:               detection and management of malnutrition

Areas   Recommended             Indicators         Results Achieved                                        Constraints
           Actions                                                                                         Encountered/Other

        ix) Strengthen     i) Percentage of the Micronutrients:
        measures to        population            Children 6-59 months - 86%
        eliminate iodine   receiving Vitamin A Lactating mothers 26%
        deficiency         supplement           (Source: Department of Nutrition; MOH)
        disorders by the
        2005, Vitamin A
        disorders and      ii) Percentage of       95% of the population
                                                   (Source: Department of Nutrition; MOH)
        anaemia by the     population using
        year 2010          iodized salt:

        x) Strengthen      i) Action taken to
                                                   Primary School Action for Better Health programme is
        measures to        promote hygiene
                                                   implemented in primary schools. The Water Act
        increase access    education in the
                                                   provides for the creation of Water Users Associations
        to safe water      community;
                                                   at district levels. Where they exist they are mostly
        and improve
                                                   comprised of and managed by women. Training
                                                   material developed on hygiene education and
                                                   environmental health programmes. About 300 to 500
                                                   copies printed and distributed
        education in
        schools and in
        the community.

Areas   Recommended             Indicators         Results Achieved                                   Constraints
           Actions                                                                                    Encountered/Other
        Involve women
        in the planning,
        installing and     ii) Percentage of       57% (KIHBS 2005/2006 )                              When less than 40
        managing water     the population                                                               children share one
        and sanitation     having access to                                                             latrine, the accessibility
        systems            safe water;                                                                  is considered fair, 40-
                                                                                                        100 children using one
                                                                                                        latrine is classified as
                           iii) Percentage of      84% (KIHBS 2005/2006)                                bad and if over 100
                           population with                                                              children share a latrine
                           sanitary facilities;                                                         it is classified as
                                                                                                        dangerous. A study by
                                                                                                        MOEST (2003) shows
                           iv) Number of           Only 29 %( 6,261) of schools in the country have     that the majority of
                           schools having          access to water and sanitation facilities.           public primary schools
                           water and sanitary                                                           in Kenya are in the
                           facilities:                                                                  dangerous category

        i) Prepare a       i) Status of existing         Penal code Cap 63
        code of ethics     family law :                  Marriage Act Cap 150
        governing the                                    African Christian Marriage Act Cap 151
        behaviour and                                    Matrimonial Act Cap 152                      No specific code of
        attitudes within                                 Mohammed marriage and divorce act Cap156      ethics in existence
        families and the                                 Hindu marriage and divorce Act
        society.                                          Cap 157
                                                         Maintenance Act Cap 154

Areas                  Recommended             Indicators   Results Achieved                                          Constraints
                          Actions                                                                                     Encountered/Other
                                                            Within families people are guided by culture and
                                                            social norms/religion with the guidance of Family law,
                                                            elders and the Children Act
2. Overcoming          i) Resort to all     i) Existing     - National AIDS and Sexually Transmitted Infections
HIV/AIDS               available means      programmes on   Control Program (NASCOP) implements health
                       including ethical,   prevention of   related HIV/AIDS issues
                       moral and            HIV/AIDS:       - National AIDS Control Council coordinates
Objective:             traditional                          government and partners on HIV/AIDS prevention
Africa must            values to                            and management
overcome               prevent                              - Voluntary Counseling and Testing (401 Centers)
HIV/AIDS in order      HIV/AIDS;                            - PMTCT sites across the country (coverage is 89%)
to fulfil children‟s                                        There exist National PMTCT and comprehensive
rights to survival                                          care clinics programmes in health facilities across the
and development                                             country.
                                                            - Formation of a Cabinet Committee on HIV/AIDS
                                                             - Advocacy and awareness programs.
                                                            - Male circumcision research and its findings with
                                                            regard to prevention
                                                            -Free condom distribution

Areas   Recommended            Indicators        Results Achieved                                          Constraints
           Actions                                                                                         Encountered/Other

        ii) Improve        i) Existing           There is free ART for mothers at all public hospitals
        access to          programmes to         and for children it is available at selected hospitals
        programmes for     prevent mother-to-    only
        prevention of      child HIV/AIDS
        mother–to-child    transmission;                                                                    Only 25% children
        HIV/AIDS                                                                                             have access to
        transmissions,     ii) Existing          Budget allocation is infused in total budget allocation     paediatric ART
        increase access    programmes and        of the Ministry of Health
        to care, support   budget allocated to
        and treatment      treat infected
        for infected       mothers and
        mothers and        children:
        their children
        and share          iii )Number of        iii) 7.3 % pregnant women are HIV positive (Sentinel
        identified best    pregnant women        sites)
        practices on       infected by
        how to reduce      HIV/AIDS;
                           iv) Number of         iv) 150,000 children are infected (UNICEF 2007)
                           infected children;

                           v) Number of          v) 10,070 children (out of 45,000 who require ARV‟s)
                           children under        are on treatment (Source: NASCOP)

Areas   Recommended               Indicators        Results Achieved                                  Constraints
           Actions                                                                                    Encountered/Other

        iii) Support          i) Existing           -OVC Draft policy 2006
        community             legislation, policy   -National Plan of Action on OVC
        initiatives to help   and programmes to     - Kenya National Aids Strategic Plan
        families and          support families      - Children Act 2001
        communities           and OVCs; -           - OVC Cash Transfer Programme
        cope with
        HIV/AIDS and
        establish             ii) Legislation or    -Children Act 2001
        mechanisms for        policies on formal,   -Adoption Regulations 2005
        alternative care      domestic              -Hague Convention on Intercountry --Adoption of
        for children          adoptions;            which Kenya acceded in 2006
        orphaned by
        AIDS and other
        vulnerable            iii) Budget allocated Cash Transfer Programme in the DCS.
        children. Enact       to assist families    Year:   2005/06 2006/07 2007/08
        relevant              and children;         Amount: 48 m        56 m       169m
        legislation to
        protect the
        rights of people                                                                               -Cases of
        affected by           v) Specific           -Succession Act Cap 160                             disinheritance still exist
        HIV/AIDS              legislation on        -Public Trustee Act Cap168                          due to lack of
        including             inheritance by                                                            awareness on
        orphans and           orphans                                                                   legislation and
        widows;                                                                                         procedures.
                                                                                                       -It takes too long for
                                                                                                        the beneficiaries to
                                                                                                        access their dues.

Areas   Recommended            Indicators       Results Achieved                                          Constraints
           Actions                                                                                        Encountered/Other

        iv) Strengthen    i) Policies, budget   -Adolescent Reproductive Health Policy                     The budget allocated
        information,      allocated to          -Kick-Aids Initiative programme exists to educate the       to health is not
        education and     educate youth on      youth about HIV/AIDS through football tournaments.          adequate.
        communication     HIV/AIDS and          -Manuals developed at the Kenya Institute of
        for and with      Reproductive          Education on HIV/AIDS and used in school                   The Ministry of Youth
        children and      Health;               curriculum                                                  has no budget
        youth to                                -14 youth reproductive health centres established           allocated for these
        increase                                -HIV/AIDS infused in school curricula                       activities. Most of the
        awareness on                                                                                        youth related activities
        HIV/AIDS, to                                                                                        are funded by partners.
        foster positive
        attitudes         ii) Availability of   Availability of Contraceptives
        towards those     contraceptive:           - Provided free in all public facilities (Hospitals,
        affected and                                   health centres, hotels, halls)
        reduce                                     Source of contraception
        stigmatization                             Public 53.4%
        and exclusion;                             Private 40.5%
                                                   Others 4.6%
                                                Contraceptive Prevalence Rate is 39% (KDHS 2003)

                          (iii) Percentage of   Prevalence
                          youth affected by     Female (15-24 years) 12%
                          HIV/AIDS;             Males: (15-24 years 2.8%
                                                (Source: KDHS 2003)

Areas   Recommended              Indicators         Results Achieved                                        Constraints
           Actions                                                                                          Encountered/Other
                            iv) Number of child-    Child headed households 61,171
                            headed household:       Age Males Females Total count
                                                    0-14 23.1    76.3     216
                                                    15-19 70.1 29.2      41,528
                                                    20-25 67.9 32.1      311,911
                                                    (2003 KNBS estimates)

        v) Promote          i) Proportion of        53% females and 60% males aged 15-24 are aware
        holistic health     youth aware of          of preventive measures (KDHS 2003)
        care services, in   prevention
        particular,         measures for                                                                     Disparities on the
        improve access      HIV/AIDS;                                                                         information available
        to reproductive                                                                                       on the status of
        health                                                                                                awareness among the
        information,        ii) Percentage of       6% males and 7% females tested                            youth.
                                                    (KDHS 2003)
        counselling and     voluntary testing
        voluntary testing   among youth;
        services for
        Involve children    iii) Current existing
                                                    -Youth friendly Reproductive Health and VCT
        and youth in        preventive
                                                    services-12% coverage
        developing and      programme
                                                    -Existence of Workplace Policy on HIV and AIDS,
                                                    AIDS Control Units in all Ministries ,departments and
        aimed at
                                                    -Peer counselling/ behaviour change programmes.
        changing high-
                                                    -Adolescent reproductive health policy.
        risk behaviour

Areas   Recommended             Indicators       Results Achieved                                        Constraints
           Actions                                                                                       Encountered/Other
        among young
        people.            iv) Existence of      Sex education is integrated and infused in education
        Introduce sexual   modules/elements      curriculum.
        education in       on sexual
        school curricula   education in school
        and include        curricula.
        programmes on

        vi) Enact and      i) Existing           Legislation is guided by the National Drugs and
        utilize            legislation with      Poisons Act.
        appropriate        regard to supply of
        legislation and    medicines;
        regulations to     ii) Availability of   Ante-Retroviral drugs are available in all public
        ensure             anti-retroviral       hospitals.
        availability of    drugs;                (NASCOP, Chief Pharmacist)
        drugs including
        drugs at           iii) Is ARV           ARVs are provided free of charge in public and faith-
        affordable         affordable to the     based hospitals
                                                 (NASCOP, Chief Pharmacist)
        prices,            population?
        production of

Areas   Recommended             Indicators         Results Achieved                                          Constraints
           Actions                                                                                           Encountered/Other
        pharmaceuticals     iv) Percentage of      Subsidy is 100%
        and                 subsidy on the         (NASCOP, Chief Pharmacist)

        technologies for    drugs:
        the care and
        treatment of
        those affected
        by HIV/AID

        vii) Enact          i) Measures taken      -Children Act ,2001 lays the framework for this
        legislation,        to ensure              - OVC committees in the school management
        where               accessibility and      -OVC given priority in the allocation of bursary funds.
        necessary, to       maintenance of         -GOK allocation of Kshs 1,000 to 1500 per family per
        ensure that         OVCs in school;        month cash transfer in
        there is no                                selected districts
        discrimination in   ii) Status on
        school or           existing legislation      -    HIV/AIDS Bill, 2007
        workplace           on discrimination         -    Children Act ,2001
        against children    against people            -    Increased awareness on HIV
        and young           living with               -    More HIV positive people declaring their status
        people living       HIV/AIDS:                 -    Workplace policies in ministries departments
        with HIV/AIDS;                                     and institutions on HIV/AIDs

Areas   Recommended              Indicators         Results Achieved                                         Constraints
           Actions                                                                                           Encountered/Other

        viii) Establish a   i) Existing policy on   -Kenya National Aids Strategic Plan (KNASP)               Few children accessing
        multi-sectoral      impact of HIV/AIDS      -Draft OVC Policy and National Plan of Action              paediatric ARV‟s due
        national policy     on child                outlines the effects of HIV/AIDS on the development        to long distance in
        on the impact of    development:            of the child.                                              reaching clinics
        HIV/AIDS on                                                                                           There are few testing
        child                                                                                                  facilities for children
        development                                                                                           Problem of consensual
        and involve all     ii) Budget allocated    A global figure is received which is not disaggregated     testing and client
        stakeholders;       for this campaign:      amount for campaign.                                       confidentiality due to

        ix) Ensure that     i) Number of            No. figures in existence                                  Insufficient information
        children affected   children in conflict                                                               on IDC in Kenya
        by conflicts        situation affected
        including           by HIV/AIDS:
        refugee and
        Children (IDC)      ii) Existing             VCT HIV/AIDS services, PMTCT, Free condoms,
        are included in     preventing              Awareness campaigns, Reproductive Health
        HIV/AIDS            programmes in           Services: (programmes are well implemented in
        prevention and      refugee camps etc:      refugee camps)
        and that such
        programmes are

Areas                Recommended              Indicators        Results Achieved                                             Constraints
                        Actions                                                                                              Encountered/Other
                     viewed as an
                     component of all
                     relief and

3. Realizing the     Governments                                                                                              Slow enactment of
Rights to            should:                                                                                                   policies, legislation and
Education                                                                                                                      poor implementation of
                     i) Rededicate        i) Measures taken     -Declaration of Free Primary Education -Proposed               enacted policy.
Objective:           themselves to        to implement the      tuition fees waiver in public secondary schools
Education is a       the realization of   objectives of the     -Adult and Basic Education programme exists                   Inability of existing
basic right that     the OAU              OAU Decade of         -Interventions and programmes exist that target girls          systems to respond to
allows every child   Education            Education in Africa   to ensure they complete their education. E.g.                  demand created by the
to develop to her    Decade goals         (1997-2006) –         Provision of free Sanitary Pads, construction of               policies and Acts.
or his fullest       and ensure           (Education for All;   classrooms, toilet facilities, scholarships for girls from
potential.           coordination on      Education of Girls    North Eastern Kenya,                                          Overstretched
The right to         Regional             and Women;            -ECD policy launched in 2007                                   resources to implement
education of         Economic             promoting adult       -Community Support Grants for ECD                              the requisite
every child should   Communities for      education and         -FPE- Provision of Instructional materials,                    programmes.
be ensured           the effective        literacy)             -Draft Special Needs Education policy
                     implementation                             -ECD policy framework
                     of the goals;                              -ECD Service Standards Guidelines                             Harmful cultural
                                                                -Non Formal Education policy                                   practices and beliefs
                                                                                                                               are still barriers to girls

Areas   Recommended              Indicators        Results Achieved                                    Constraints
           Actions                                                                                     Encountered/Other

        ii) Commit          i) Legislation on      Enactment of the Children Act 2001 led to Free       ECD is not free hence
        themselves to       free education;        Primary Education and planned waiver of Public        low enrolment rate at
        the provision of                           Secondary school tuition fee by 2008                  this level.
        quality, free and
        basic education.    ii) Rate of            Primary Gross Attendance Rate (GAR) 117%
        Governments         schooling;             (KIHBS2005/06)
        must mobilize                              Secondary (GAR) 40% (KIHBS2005/06)
        international                                                                                   Increasing levels of
        donor               iii) Plans of action   KESSP 2005-2010 is the policy document having all     child labour hamper
        community and       related to             plans and investment programmes in the education      school attendance.
        financial           schooling;             sector. It has a total of 23 investment areas.
        including the        iv) Percentage of     Primary GER : 107%, ECD GER 57%; Secondary
        World Bank and      enrolment rate;        GER: 32%                                             Inadequate funding
        the IMF to                                                                                       and late disbursement
        commit              v) Recurrent           Kshs. 106 billion 2007/08                             of funds to schools
        themselves to       Budget allocated to                                                          affect the smooth
        support this        education;                                                                   running of primary
        goal;                                                                                            schools.
                            vi) Support            Kshs 7.9 billion 2007/08-Loans and Grants from
                            received to finance    partners involved in the Education SWAP.

Areas   Recommended             Indicators      Results Achieved                                       Constraints
           Actions                                                                                     Encountered/Other

        iii) Create         i) Existing         The Education sector SWAP (KESSP) is a
        partnerships        partnership to      partnership between World Bank, DFID, CIDA,
        with non-formal     achieve free and    USAID, SCDA, ADB, OPEC, JICA and UNICEF.
        providers, civil    universal
        society             education;
        organization and
        the community       ii) Describe the    Increased enrolment from 5.9 million to 7.5 million,    Inability to purchase
        in order to         success stories     completion rates are higher in primary schools.          uniforms in primary
        achieve the goal                        Kshs7.9 Billion from partners involved in the KESSP      schools and fees and
        of free and                             has led to the increase in schools and materials for     other levies in
        universal                               education. E.g. Primary Schools –have increased          secondary school pose
        education;                              from 17,000- 18,150.                                     a challenge to the
                                                Secondary School from 3,000 to 3426                      success of the FPE.

        iv) Urgently
        address the         i) Enrolment rate   ECD Net Enrolment Rate:
        challenge of        and rate of drop-   Girls 32.7%                                             Regional and gender
        providing           outs;               Boys 32.9%                                               disparities still exist in
        relevant                                Primary Net Enrolment Rate:                              education indicators.
        education                               Boys 83.8%
        tailored to                             Girls 82.6%
        national social
        and economic        ii) Rate of         Secondary Net Enrolment Rate: 19.8%
        needs, current      enrolment at        (All figures as at 2005 except where specified)
        level of            secondary level
        while taking into

Areas   Recommended             Indicators        Results Achieved                                        Constraints
           Actions                                                                                        Encountered/Other
        account the
        forces of

        v) Draw lessons     i) Innovations with   -School Based Teacher Development (SBTD) is an
        from new            regard to new         initiative which emphasises discovery and
        models of           basic school          participation in learning.
        education like                            -Strengthening Mathematics and Sciences in
        the „new basic                            Secondary Education (SMASSE) focuses on
        school‟                                   experiential learning. Both approaches are a shift
        movement now                              from teacher- centred to learner- centred learning.
        becoming                                  -In- servicing of teachers to enhance subject mastery
        common in the                             -Child friendly schools being implemented in 16
        West African                              districts.
        States which                              -Mobile schools in nomadic areas,
        focus on skills                           -Use o f Multi-shift multi-grade approach and night
        and learning                              schools have been employed in the wake of surging
        related to local                          enrolment
        culture and
        moral values,
        teaching in local
        language as
        well as civic

Areas   Recommended            Indicators     Results Achieved                                           Constraints
           Actions                                                                                       Encountered/Other

        vi)Take into       i) Teaching        School Based Teacher Development (SBTD) is a
        account national   innovations as     method which emphasises discovery and
        needs, local       regard education   participation in learning. It allows children to work in    Inadequate number of
        realities,                            groups and use locally available materials for               teachers in primary and
        indigenous                            learning. It is meant to stimulate their heuristic           secondary schools
        languages and                         abilities. Strengthening Mathematics and Sciences in
        knowledge,                            Secondary Education (SMASSE) focuses on
        special learning                      experiential learning. Locally available materials and
        needs of                              innovation/improvisation is the emphasis.
        children,                             In ECD Centres, use of thematic approach is
        children in need                      employed to enhance a child‟s ability to relate things
        of special                            within his/her environment.
        measures, girls,                      -creative learning in statutory institutions,
        and children                          -ECD to class three encouraged to use language of
        from nomadic                          the school catchment area. -Facilitation of children
        communities, in                       with special needs and integration of children with
        curriculum                            special needs is encouraged. Training of teachers in
        development                           special needs education is being promoted by the
        and in delivery                       government. –Use of local materials, features and
        of education;                         resources for teaching and learning is encouraged

Areas   Recommended            Indicators       Results Achieved                                     Constraints
           Actions                                                                                   Encountered/Other

        vii) Strengthen    i) Measures taken    Some of the structures used to involve communities    PTA”s, ECD
        and involve        to involve the       in management of schools and promotion of              Management Boards
        communities in     communities in the   education are; Parents Associations (Primary           structures are not
        the mobilization   management of        Schools), Parents Teachers Associations (Secondary     incorporated in the
        of resources,      schools and          Schools), Boards of Governors (Secondary Schools),     Education Act.
        management of      promotion of         District Education Boards, Provincial Education
        schools,           education            Boards, School Instructional Materials Committees,
        reconsider                              ECD Management Boards and Management
        staffing in view                        committees, School Management Committees
        of the toll
        HIV/AIDS has
        in the education
        system, review
        remuneration for
        teachers and
        continuous tea

Areas   Recommended              Indicators        Results Achieved                                        Constraints
           Actions                                                                                         Encountered/Other

        viii) Strengthen     i) Measures taken     -ICT is now an examinable subject in secondary
        the teaching of      to promote            schools.
        science and the      teaching of science   -SMASSE (secondary) and SBTD (primary) as
        utilization of the   and utilization of    mentioned above are programmes that encourage
        new information      ICT;                  the teaching of sciences.
        and                                        -Funds are allocated by the government for use in the
        technologies as                            purchase of teaching and learning materials
        well as                                    (primary), provision of computers, science kits
        innovative                                 (primary schools) and electrification programmes that
        teaching and                               target schools and hospitals
        learning                                   -In-service Training of Science Teachers,
        approaches and                             -District Education officers supplied with computers.
        methods;                                   Capacity building of personnel on ICT use.
                                                   All programmes mentioned above are national and
                                                   funded by the GOK and its partners. SMASSE and
                                                   ICT programmes are currently being scaled up to
                                                   cover all the schools in the country.
                                                   Provision of computers and laboratory equipment to
                                                   secondary schools is done annually in selected

                             ii) Status of existing Schools with ICT and Science programmes have the
                             school programmes programmes running. ICT is being expanded to cover
                             which include          many schools whereas science programmes are in
                             science and ICT.       almost all schools.

Areas   Recommended              Indicators          Results Achieved                                    Constraints
           Actions                                                                                       Encountered/Other

        ix) Eliminate       i) Percentage of         ECD Net Enrolment Rate: Girls 32.7%                  Readmission of girls to
        gender              girls‟ enrolment in                                                            school after giving birth
        disparities in      schools;                 Primary Net Enrolment Rate: Girls 82.6%               has not been fully
        education by                                                                                       embraced
        taking special
        measures to         ii) Rate of girl drop-   Primary 2% (2003)
        increase girls‟     outs:                    Secondary 6.9% (2003)
        access to
        improve their
        participation and
        retention rates;

        x) Strengthen       i) Existing              800 youth polytechnics                               Youth polytechnics still
        vocational          vocational training                                                            poorly equipped.
        training            schools/centres;
        introduce life
        skills and create   ii) Number of youth      13, 918 youth (2004)
        other training      enrolled in these
        opportunities for   training schools;
        adolescents so                               -Institutes of Science and Technology
        as to gain          iii) Existing post-      -National Polytechnics
        employable          training                 -National skills training strategies
        skills and for      programmes:              -National Technology diffusion and training funds
        self-                                        -Draft for school health policy

Areas   Recommended             Indicators        Results Achieved                                           Constraints
           Actions                                                                                           Encountered/Other

        xi) Ensure the      i) Existence of      Life skills in education is infused and integrated in the
        integration of      modules/elements     school curriculum
        peace               on peace
        education,          education, human
        democracy,          rights, humanitarian
        human rights,       law, sexual
        humanitarian        education, health
        law, sexual         education,
        education,          environment
        health education    protection included
        and                 in the education
        environmental       system
        protection in the

Areas               Recommended           Indicators         Results Achieved                                    Constraints
                       Actions                                                                                   Encountered/Other
4. Realising the
Right to            i) Stop the use   i) Formal age of       18 years. The Kenya Armed Forces is a voluntary     There exists informal
Protection          of children as    conscription into      service in accordance to the Armed Forces Act       conscriptions due to
                    soldiers,         the armed forces;      Chapter 199, Laws of Kenya. Therefore there is no   tribal instigated clashes
a) Children in      demobilize all                           conscription.                                       and youth criminal
Conflict            combatants                                                                                   gangs both in the urban
Situations and      aged under                                                                                   and rural areas in many
foreign             eighteen and      ii) Number of                                                              parts of the country.
occupation          develop and       children under 18
                    implement         enrolled in the        None
Objective:          programmes for    army, army troops;
Give increased      their
care and            rehabilitation    iii) Number of
protection to       and social        children who have      Not Applicable
children in order   reintegration;    been demobilized;
to reduce the
devastating                           iv) Status of
impacts of war.                       existing services to   Not Applicable
                                      ensure their re-
                                      education and
                                      social reintegration

Areas   Recommended              Indicators         Results Achieved                                               Constraints
           Actions                                                                                                 Encountered/Other

        ii) Protect former   i) Measures in         Not applicable
        child soldiers       place to protect
        from retribution,    child soldiers as
        summary              well as former child
        executions,          soldiers
        torture and other
        punitive actions
        by using the
        provisions in the
        African Charter
        on the Rights
        and Welfare of
        the Child and
        the CRC;

        iii) Protect       i)Number of              Year        Number
        children from     children victims of       2004         235
        abduction and to abduction;                 2005         152
        stop their use as                           2006         220
        slaves.                                     Source: (Police website) These figures are not disaggregated

                             ii) Existing.
                                                    -Children Act, 2001
                             legislation against
                                                    -Penal Code Cap 63
                                                    -Sexual Offences Act, 2006

Areas   Recommended                 Indicators         Results Achieved         Constraints
           Actions                                                              Encountered/Other

        iv) Curb the illicit   i) Existing             -Fire Arms Act Cap 114
        trade on small         measures to             -Penal Code Cap 63
        arms and light         prevent illicit trade
        weapons at             of small arms and
        national and           light weapons
        level. Create
        with civil society
        in preventing
        illicitly acquired
        arms, and
        raising as well
        as in monitoring

Areas   Recommended            Indicators         Results Achieved                                      Constraints
           Actions                                                                                      Encountered/Other

        v) Ensure          i) Programmes in       - Refugee and Displaced persons Act 2006 provides
        special            place in refugee       the legal framework
        protection and     camps to protect
        access to          and educate            - Two refugee camps Dadaab and Kakuma Refugee
        humanitarian aid   children;              Camps
        programmes for                             –Health services and education in the refugee
        refugee                                   camps schools are provided
        traumatized                               -Refugee activities are funded by partners and the
        children,                                 Kenya government has for the first time allocated
        internally                                funds to Ministry of Immigration which has not been
        displaced                                 disaggregated by category i.e. specific to refugees
        children and
        children in post

                           ii) Budget allocated   Kshs 1.3 million GOK (Emergency relief and
                           for these              supplies).
                           programmes.            Ksh. 237 million (DANIDA). The Department for
                                                  refugees has now been allocated funds which have
                                                  not yet been disaggregated.

Areas   Recommended               Indicators          Results Achieved                                       Constraints
           Actions                                                                                           Encountered/Other

        vi) Eliminate the    i) Ratification of the   Ratified 2005
        threat posed by      Ottawa Convention
        landmines and        on Landmines;
        ordinance by         ii) Number of            15 victims
        ensuring respect     victims of
        for the Ottawa       landmines;
        Convention by
        all State parties,
        developing           iii) Existing            The Kenya Government in collaboration with the
        programmes for       programmes for           British Government have established an international
        mine clearance       mine clearance and       mines action centre to train high risk humanitarian
        and survivor         rehabilitation of        deminers in Nairobi. The centre trains Kenyan forces
        rehabilitation       survivors                as well as others from Africa and Asia
        programmes in
        consultation with
        the affected
        and the military;

Areas   Recommended              Indicators          Results Achieved                                        Constraints
           Actions                                                                                           Encountered/Other

        vii) Ensure that    i) Adherence to and      The Kenya National Commission on Human Rights
        Member States       implementation of        established and funded by the government to monitor
        reaffirm their      International            human rights. Office of the ombudsperson
        commitment to       Humanitarian Law         established to hear complaints from the public. Kenya
        International       and continental and      is a signatory to the African Union- on Peace and
        Humanitarian        International            Security Protocol
        Law and             Charters and
        Continental and     Conventions.
        Charters and
        Conventions.        i) Ratification of the   Ratified on
                            Rome Statute;            15th march 2005

        viii) Encourage
        Member States       ii) Number of            Not applicable
        to ratify/accede    perpetrators of war
        to the Rome         crimes who have
        Statute of the      been prosecuted
        Crime Court as
        a step towards
        prosecution of
        perpetrators of
        war crimes and
        to end impunity
        for crimes
        against children;

Areas   Recommended               Indicators         Results Achieved                                       Constraints
           Actions                                                                                          Encountered/Other

        ix) Strengthen       i) Policies on          The UNCRC made reference to during training on
        the capacity of      including rights of     ceasefire and peace agreements; ensuring children‟s
        regional and         children during         rights are respected and valued (Save the children
        sub-regional         ceasefire and           Sweden)
        inter-               peace agreements;       Kenya is in the final stages of developing EAC early
        governmental                                 warning on Peace and Security Protocol
        and groupings
        to focus on the      ii) Inclusion of        Child rights issues are included in the training
        rights of children   child‟s rights on       curricula and all peace keepers are issued with
        when                 training curricula of   copies of child rights documents
        negotiating          peace-keepers
        ceasefires and

        x) Ensure that   i) Status on the            Refugee Act in place, repatriation of Sudanese
        Member States    protection of               refugees, refugee camps well coordinated and
        reaffirm their   refugees.                   serviced.
        commitments to
        the 1951
        relating to the                              -
        status of
        refugees and its
        1967 protocol as
        well as the 1969

Areas               Recommended             Indicators         Results Achieved                                         Constraints
                       Actions                                                                                          Encountered/Other
                    governing the
                    specific aspects
                    of refugee
                    problems in

b) Legal            i) Carry out        i)Comprehensive        -Children Act 2001 being reviewed,
Protection          comprehensive       review on all           -Penal Code reviewed regularly, Plans for the
                    review of all       legislation on         Development of the National Children‟s Policy.
Objective:          legislation, with   children undertaken    -Preliminary review of all existing laws and policies
Provide legal       a special focus     and reforms            that touch on children‟s issues has commenced.
protection of       on personal and     enacted particularly   -Review of all laws and acts relating to education and
children outside    family law, to      on personal and        training is complete
situations of       ensure              family law;
armed conflict      conformity with
and under foreign   the provisions of
occupations         the ACRWC and
                    the CRC.            ii) Existing           -Children Act, 2001
                    Customary laws      legislation on the     -Sexual Offences Act 2006
                    inconsistent with   protection of          -Adoption Regulations 2005
                    the interests of    children;              -Education Act Cap 211,1982
                    the child and to                           -Public Trustee Act Cap 168
                    the international                          -Succession Act Cap 160
                    norms                                      -Health Act
                    governing the                              -Labour Act
                    rights of the

Areas   Recommended              Indicators         Results Achieved                                      Constraints
           Actions                                                                                        Encountered/Other
        child should be
        eliminated or

        ii) Develop child,   i) Existing            -Children Act 2001
        youth and            legislation on         -Adoption Regulations,2005
        gender friendly      adoption;              -Hague Convention on Inter country -Adoptions which
        inheritance and                             was acceded to in 2006
        adoption laws in
        the States
        where adoption       ii) Number of          Local
        is permitted;        adoptions at
                             national level;         Year     Male   Female      Total
                                                    2003      35      90          134
                                                    2004      35      59             9
                                                    2005      31      72          103
                                                    2006      20      36           44
                                                    Totals                         387

                              iii) Number of        International
                             adoptions at                     Male     Female    Total
                             international level;   2003      41        24         65
                                                    2004      34         35        69
                                                    2005      36         42        78
                                                    2006      26         18         44
                                                    Totals                        256

Areas   Recommended             Indicators         Results Achieved                                         Constraints
           Actions                                                                                          Encountered/Other

        iii) Develop       i) Percentage of        There is no known percentage. However, there are
        mechanisms for     children who know       1411 Child Rights clubs in schools country wide
        enforcement        about their rights;     facilitated by various stakeholders:
        and monitoring                             KAACR -180, CCF, ANNPCAN- 15, PLAN, GCN,
        the legislation;                           Pendekezo Letu, World Vision, Child Life Trust, Save
        ensure that                                Alliance 160, Scouting/Girl guides Movement 1150
        children are                                                                                         Legal representation in
        educated on        ii) Existing courts     -Family division of the high court                         other parts of the
        their rights;      and judges for          -3 fully fledged children‟s courts                         country of children is a
        ensure easy        children                -119 children‟s magistrates.                               challenge
        access to legal
        protection; and    iii) Existing           11 rehabilitation schools, 4 probation hostels, 2         Procedures to move
        introduce child    rehabilitation          borstal institutions and 1 youth correction centre.        the court in public
        friendly court     centres for youth                                                                  interest litigation
        systems and        delinquents;
        divergent                                  -There are Child Protection Units in 14 selected pilot    Diversion programmes
        systems for        iv) Are there child     police stations. These are coordinated by the national     being at selected
        young              friendly police units   office at police headquarters. Police have been            district does not benefit
        offenders;         at national level?      trained. More Child Protection Units are being             all the children in
                                                   established with assistance from Unicef and Save the       conflict.
                                                   Children Sweden.
                           v) Provisions of                                                                  Only 5% of police
                           ACRWC and CRC           -There is a legal aid scheme being supported by the        stations have child
                           incorporated in         civil society to represent children in court cases.        Protection Units
                           education               -Corporal punishment outlawed
                           curriculum.             -Child Rights clubs exist in schools

Areas   Recommended               Indicators         Results Achieved                                    Constraints
           Actions                                                                                       Encountered/Other

        iv) Promote          i) Existing effective    A steering committee on UNCRC that comprises the
        community and        partnership             following has been responsible for various
        civil society        between                 programmes to address children‟s issues: NCCS,
        organizations,       Governments,            NACC, HACI, CCF, USAID, DFID, JICA, GTZ, SAVE
        participation in     NGOs and CSOs.          THE CHILDREN ALLIANCE, SIDA among
        monitoring child                             others,(refer to part 2 narrative question 5)
        rights abuses
        and reform
        processes for
        such abuses;

        v) Strengthen        i) Existing law on      Children Act 2001- which makes registration of       Imposition of late
        structures for       compulsory birth        children at birth a right                             registration fee
        registration of      registration ;                                                                discourages some
        births as soon                                                                                     sections of the
        as children are                                                                                    population from the
        born, particularly   ii) Is birth            Chiefs and Assistant Chiefs act as registration       registration process.
        in the rural         registration            officials
        areas and            decentralised?                                                               There is need to put in
        amongst                                                                                            place a waiver for
        nomadic                                                                                            marginalised groups.

Areas   Recommended              Indicators           Results Achieved                                         Constraints
           Actions                                                                                             Encountered/Other

                            iii)Existing facilities   Programmes are in place for birth registration in the
                            for birth registration    rural and among nomad communities. These
                            in rural areas and        populations are mostly accessed during immunization
                            the nomad                 campaigns
                            communities or
                            mobile registration

                                                                                                                Updated information
                            iv) Percentage of         40%                                                        not available.
                            children registered
                            at birth;                                                                           Difficulty in tracking
                                                                                                                 births in nomadic
                            v) Waivers of             There is no waiver. Sensitization of traditional birth     populations, slum
                            registration fees to      attendants is on-going.                                    families and other
                            increase                                                                             marginalised groups
                            especially in                                                                       Majority of births occur
                            disadvantaged or                                                                     at home
        vi) Alleviate the
        humanitarian        i) Measures taken         Not applicable
        impact of           to alleviate the
        sanctions           sanctions
        regimes upon

Areas              Recommended             Indicators       Results Achieved                                      Constraints
                      Actions                                                                                     Encountered/Other

c) Protection of   i) Take urgent     i) The status of      Ratified in 2001
children from      steps to           ratification of the
violence,          eliminate child    ILO Convention
neglect, abuse     labour, in         182 on the Worst
and sexual         particular, the    Forms of Child
exploitation       worst forms of     Labour.
                   child labour, as
Objective:         defined in the
Enhance            ILO Convention     ii)Status of          A draft Child Labour Policy was developed
protection of      182. Those         implementation of     GOK has put in place a national steering committee
children against   Member States      the Convention        that directs activities on Child Labour. Kenya is a
all forms of       who have not                             member of the global movement against child labour
violence, abuse    ratified the ILO                         and has participated in several global events
and exploitation   Convention 182
                   should do so
                   quickly and also
                   put in place
                   mechanisms for

Areas   Recommended             Indicators         Results Achieved                                            Constraints
           Actions                                                                                             Encountered/Other

        ii) Curb the        i) Existence of        National Steering Committee on Anti trafficking in
        growing             legislation,           Persons (TIP) issues included in the Dept. Strategic
        phenomenon of       programmes and         Plan, Rescue of victims
        child trafficking   national Plan of       Ministry Of Tourism reviewing Act to include sex
        through             Action against child   tourism
        prevention and      trafficking;           -TIP units created by police department in 2003
        protection                                 -Adoption - regulations 2005 are against trafficking
        measures for
        children as well
        as prosecution      ii) Number of          Data not available, though
        of traffickers.     children being         internal trafficking exists particularly for the purposes
        Put in place        trafficked;            of domestic work, providing of agricultural labour and
        effective                                  commercial sex work
        regional and
        agreements on
        border controls     iii) Number of child   Three (3)
        and handling of     traffickers arrested
        victims of child    and jailed

Areas   Recommended        Indicators       Results Achieved                                        Constraints
           Actions                                                                                  Encountered/Other

                       iv) Legislation in   -Children Act, 2001
                      place to protect      -Sexual Offences Act 2006
                      these children;       - Penal Code Cap 63

                      v) Agreement          Agreement of human and child trafficking in 11
                      entered into with     member states of the great lakes region and the Horn
                      neighbouring          of Africa, includes other cross cutting issues on the
                      countries to curb     border countries(Trans-national)
                      trafficking of

                      vi) Success stories   -Successful prosecution of the three traffickers,
                                            including the Bishop Gilbert Deya case
                                            -Alliance building of the multisectoral team (CSO‟s &
                                            Government Departments) at the local level to track

Areas   Recommended              Indicators          Results Achieved                                      Constraints
           Actions                                                                                         Encountered/Other

        iii) Make use of    i) Existing              -Child Protection programme of the GOK/UNICEF          Child labour statistics
        the technical       agreement entered        programme of cooperation/partnership underway with      have not been updated
        and financial       into with ILO and        DCS on child protection issues.                         for a long time (since
        cooperation         UNICEF to fight          -ILO/IPEC with Ministry of Labour with Time bound       1998/99).There is no
        provided by the     against child labour     programme                                               specific act/law on child
        ILO, UNICEF                                                                                          trafficking
        and other
        international       ii) Percentage of        -1.9% of children victims of child labour. -820,000
        agencies in         children victims of      children victims of the worst forms of child labour
        elaborating their   the worst forms of       (ILO-IPEC 1999)
        programmes          child labour
        and policies
        against child       iii) Existing policies   MOL existing programs: -Time bound; -CDL,-Skills
        labour;             and programmes           training,-
        MOL TO              against child            -Withdrawal of children from child labour
        RESPOND             labour.

Areas   Recommended             Indicators        Results Achieved                                    Constraints
           Actions                                                                                    Encountered/Other

        iv) Protect         i) Special measures -Corporal punishment outlawed                          Corporal punishment at
        children from all   taken to protect     -Campaign on child abuse and violence on children.     the home/school still
        forms of            children against all - UN Study on Violence                                 exist
        violence, torture   forms of violence
        and take            and ensure the
        corrective          respect of their
        measures to         physical and
        ensure that         mental integrity                                                          -Few reported cases
        children are                                                                                  -Cultural ways of dealing
        treated in a                                                                                  with child sexual abuse
        manner that                                                                                   are still practiced by a
        respects their                                                                                number of communities
        physical and
        mental integrity.
                            i) Measures taken     -Sexual Offences Act 2006
                            to protect children   -Violence against Children abuse campaign
        v) Protect          from sexual           -Children Act 2001
        children from       violence and
        sexual abuse        abuse;
        and exploitation                          -Draft OVC policy and National Plan of -Action,
        through             ii) Programmes or     -Adoption Regulations & Foster Care Programme,
        partnerships        policies              -Children Act and Diversion Programme.
        with the civil      encouraging local,    -Cash Transfer programme.
        society to          formal adoptions
        promote safe        and/or foster care
        homes, safe         of OVCs within
        schools, safe       their communities.

Areas   Recommended             Indicators         Results Achieved                                         Constraints
           Actions                                                                                          Encountered/Other
        communities                                Campaign on violence against children a component
        Establish                                  of which is child defilement.
        alternative care
        systems for        i) Strategies
        children without   implemented to
        families;          sensitize the                                                                    No rehabilitation
                           community as well                                                                strategy for victim in
                           as prevent sexual       -One Private women‟s hospital        one National        place
        vi) Sensitize      violence                Hospital provide services at the moment (MOH)
        families, care
        givers and the     ii)Rehabilitation
        communities on     programme in
        the harmful        place for victims of CCI regulations, Child participation guidelines.
        consequences       violence and sexual
        of sexual          exploitation;
        Address factors    iii) Child protection
        like tourism,      policies/codes of
        pornography,       conduct for
        cultural and       organisations
        traditional        working with            -98% FGM in North Eastern Province and
        practices which    children.               widespread in other areas, early marriages, witchcraft   Harmful Traditional
        encourage                                  and other superstitious beliefs, taboo children.         Practices and beliefs are
        sexual                                     -Cattle-rustlers engage in rape and abduction of girls   deep seated and still
        exploitation.      i) Existence of         and women                                                prove difficult to

Areas   Recommended               Indicators          Results Achieved                                       Constraints
           Actions                                                                                           Encountered/Other
        Develop and          harmful traditional                                                             eradicate
        implement            practices                -Children Act, 2001
        programmes for       detrimental to the       -Sexual Offences Act 2006
        rehabilitation for   health of girls and      -FGM eradication strategy and Plan of Action.
        victims of sexual    women;
        abuse and
        exploitation;        ii) Existing policies,
                             programmes and
        vii) Eliminate all   legislation to fight     -Alternative Rites of Passage: World Vision in
        harmful              against these            Samburu and Marakwet
        traditional          practices;
        practices, which                              -Rescue attempts by some school in Kajiado District
        are detrimental
        to girls‟ and         iii) Alternative non-
        women‟s rights       harmful practices
        and health. Stop     e.g. rites of
        female genital       passage
        mutilation and.,     encouraged and
        support              practiced within         -Establishment of NACADA (2001)
        initiatives for      communities where        -National strategy on prevention, control, and
        alternative          HTP exists.              mitigation of drugs & substance abuse strategic plan
        methods for
        socialization.                                Baseline survey on the situation and magnitude of      No policy in place to
        Stop early           i) Policies in place     drugs and substance abuse (2002) guides‟ policy        fight drug abuse
        marriages and        to fight drug abuse;     formation and programme implementation.
        enact and
        enforce                                       -Information on prevention of drug abuse assimilated
        legislation on                                in the primary school curriculum

Areas   Recommended               Indicators        Results Achieved                                     Constraints
           Actions                                                                                       Encountered/Other
        minimum                                     -Public awareness done through posters, barazas,
        marriage age for                            schools, and both electronic & print media
                                                    -Outlawed selling of glue to children
                              ii) Existence of      -Tobacco Bill is in parliament
                              national plan of      -Three cities (Nairobi, Nakuru, Mombasa) have
                              action against drug   banned smoking of cigarettes in public
                              abuse and             -Alcohol policy is being developed for the youth
                              progress achieved     between 10-24 years
                              in its
        viii) Protect         implementation
        children from
        abuse by                                    No survey conducted to show number of children who
        creating                                    need/received treatment or rehabilitation
        awareness on
        their harmful
        effects as well
        as giving them
        life coping skills.
        Enforce and           i) Status on
        monitor policies      programmes to
        on illicit drug       cater for children
        cultivation,          needing special
        production,           measures of
        trafficking and       protection

Areas   Recommended        Indicators   Results Achieved   Constraints
           Actions                                         Encountered/Other
        substance and

        ix) Develop and
        programmes for
        and with,
        children in need
        of special
        measures at
        local, national
        and regional
        levels. Promote
        access to and
        inclusion in
        cultural and
        activities and
        improvement of

Areas                 Recommended               Indicators         Results Achieved                                 Constraints
                         Actions                                                                                    Encountered/Other
                      the physical

5. Participation      i) Enactment of       i) Legislation and     -Children Act, 2001                              Challenge on
of Youth and          necessary legal       policies to ensure     -CCI Regulations 2005                            procedures to be
Children              measures to           effective and          -Sexual offences Act 2006                        followed to move the
                      ensure that           meaningful             --OVC Draft policy 2006                          court on public interest
Objective:            children‟s views      participation of       -Adoption Regulations 2005                       litigation
To enforce            are taken into        children in policies   -Diversion
without delay the     account on            concerning them        -National Adoption Committee
right of youth and    issues relevant
children to           to their interests;                          -NCCS/AAC- -identify areas of policy
participate, and to                                                -mitigation
have their civil                                                   -CCI Registration
rights respected,
as stipulated in
the ACRWC and
CRC.                                     i) Laws facilitating
                      ii) Legal reforms public interest            Children Act 2001
                      necessary to       litigation;
                      provide for
                      public interest or
                      social action       ii) Training of
                      litigation on      judicial officers;        -On going judicial training programme aimed at   Not all magistrates have

Areas   Recommended             Indicators          Results Achieved                                           Constraints
           Actions                                                                                             Encountered/Other
        behalf of                                   sensitizing magistrates on children issues. 25             been trained
        children by                                 magistrates have been trained by Children‟s
        interested                                  Department and civil society partners.
        groups;                                     -Kenya Women Judges Association has been trained
                                                    on the UNCRC and the ACRWC.

                                                    -Orders for DNA tests are done to ascertain paternity
                           iii) Judgements          -Mutual agreements between parents done for
                           from courts on           maintenance of children before children officers
                           social action;
                                                    Children Act, 2001
                                                    Sexual Offences Act,
                           iv) Legislation
                           impacting on                                                                        Need for sensitization on
                           children.                There are inclusion guidelines in place to protect girls   laws for appropriate
                                                    from discrimination                                        action

                           i) Inclusion of girls‟

        iii) Special
        attention to the
        dimension of
        any legal
        reforms or                                  -Youth Enterprise Development Funds
        substantive                                 -National Youth Council

Areas   Recommended              Indicators        Results Achieved                                      Constraints
           Actions                                                                                       Encountered/Other
        measures to                              -Youth Polytechnics
        promote              i) Measures taken   -Youth empowerment centres                              Registration of the youth
        participation;       to strengthen Youth -National Youth Policy                                  groups not harmonized
                             Council/Organisatio -Registration of Youth groups by GOK                    under one body
        Strengthening of
        groups that                                There is one Children‟s Parliament in place but
        represent youth                            managed by the Civil society
        and children     i) Existence of
                         parliament in your                                                              Children Parliament not
                         country.                                                                        annexed to the
                                                                                                         Government structure
                                                                                                         and there is no
        v) Facilitation of                                                                               legislation framework to
        freedom of                                                                                       guide it
        association and
        for youth and
        children,                                  Done at National, Provincial, District and Division
        including the                              levels by DCS and partners
        setting up,
        consolidating,       i) Dissemination of
        broadening and       the African Charter
        strengthening        to communities and    Done at National, Provincial, District and Division
        Children‟s           in schools;           level by DCS and partners

Areas   Recommended              Indicators         Results Achieved                                         Constraints
           Actions                                                                                           Encountered/Other
                             ii) Organisation of
                             training sessions
        vi) Support          on children‟s rights
        widespread           for the armed
        child rights         forces, police,
        education,           media, peace
        within traditional   keepers, health
        communities,         provider, the
        amongst              judiciary and the      Is done through various partners and therefore
        children and         community;             difficult to determine actual amounts. e.g the GoK has
        youth in schools                            an allocation
        and out of
        schools, at          iii) Budget
        institutions of      allocated for the
        higher learning,     training sessions.     Included in the drama and music activities and social
        within the                                  studies subject in the education curriculum
        media, police,
        armed forces
        and peace
        keepers, health      i) Inclusion of       Research is done by the local universities
        providers, the       culture and tradition
        judiciary and all    in school curricula
        state institutions   for children
        from the local
        level to the         ii) Research carried
        national level;      out on the
                             perceptions and
                             practices related to                                                            No known specific

Areas   Recommended             Indicators       Results Achieved                                         Constraints
           Actions                                                                                        Encountered/Other
                            the rights of        -There are efforts among different stakeholders on       research
                            children and their   peace building initiatives.
        vii) Support        participation.       -A section in place at the ministry of youth
        initiatives to                           - peer counselling and youth exchange programmes         Research findings not
        increase                                 -Tegla Lorupe Foundation and the Catholic Justice        widely dissemination to
        understanding                            and Peace Commission.                                    the public
        of African          i) Existing
        traditional         programmes for
        values,             youth in peace-
        practices and       building
        cultural                                 Regional conference on Violence Against Children,
        perceptions of                           UNCRC reporting in process, Day of the African
        children in                              Child, Child Labour Day.
        relation to child                        -summit 2006,UN Millennium Development goals
        rights in
        particular and
        participation in                         Child to Child Clubs; Peer Counselling, Vijana
        particular;                              Tugutuke, Pull outs for children and youth in national
                                                 newspapers, “Twende Shule Campaigns”, Scouting
                            i) Number of         movement and the Girl guides which involve children
        viii) Support the   national and
        role of youth in    international fora
        peace-building,     on children and
        reconciliation      youth and in which
        and                 they have
        reconstruction,     participated
        particularly in

Areas             Recommended               Indicators         Results Achieved                                     Constraints
                     Actions                                                                                        Encountered/Other
                  situations;           i) Existing networks
                                        of communication
                                        and information
                                        among children and

                  ix) Facilitation of
                  participation of
                  youth and
                  children in
                  fora concerning
                  issues relevant
                  to their interests;

                  x) Networking,
                  and information
                  sharing among
                  youth and

6.Other Actions   i) Social             i) Conduct of          Advocacy and awareness campaigns undertaken
                  mobilization          sensitization and      regularly by GOK and partners to highlight various
                  shall be              advocacy               issues including Child Rights, Child Labour, Child

Areas   Recommended              Indicators       Results Achieved                                      Constraints
           Actions                                                                                      Encountered/Other
        intensified so       campaigns on the     Trafficking, Child Prostitution at all levels.
        that all sections    rights and well-
        of society will be   being of children.   Day of the African Child celebrated annually at
        urged to take                             national, regional, district and divisional levels.
        action for the       ii) Regular
        well-being of        celebration of the
        children and the     Day of the African
        protection of        Child                Refer to narrative in part 2 of the questionnaire
        their rights.                             Question 5 .A strong movement exists especially
                                                  whenever there are specific events.
                          i) Provide details on
        ii) Strong        the creation of such
        partnership shall a partnership –
        be created with
        mass media,
        women groups,
        religious and

Areas   Recommended              Indicators         Results Achieved                                         Constraints
           Actions                                                                                           Encountered/Other
        leader, children,
        the military,
        political leaders
        as well as civil
        organisations in                            ARCWC has been translated into the National
        order to                                    language(Kiswahili)
        advocate for the
        rights of children   i) Status of
        and to tackle        translation of the
        problems             African Charter in
        affecting them.      local languages
                             and its
        iii) It is crucial   dissemination.
        and necessary                               It exists through parliament and public forums to
        to run child                                solicit views on draft policies. E.g. During the 2007
        rights                                      budget an opportunity was provided to the public to
        popularization       i) Existing            make input and comment on the proposed budget.
        programmes in        mechanism on the       One of the highlights was the statement by Master
        all languages        participation of the   Kibet 13yrs old who challenged the government to
        including            people in the          fast track the economy for the benefit of all Kenyans.
        national             designing of           12 children forums were also conducted to solicit
        languages.           policies for           information in domesticating the UNCRC and
                             children..             ARCWC
        iv) Community
        which seeks                                 -Various programmes spread in different

Areas   Recommended              Indicators       Results Achieved                                      Constraints
           Actions                                                                                      Encountered/Other
        active and                                ministries/departments address issues related to
        genuine                                   strengthening family units
        involvement of
        the people
        especially the                            -Social protection measures which aim to put
        children and                              families together exist under various Statutes/Acts
        women, in the
        designing of        i) Existing Plan of
        policies and        Action on the family -Social Services Sectors have programmes that
        programmes for                           Educate the family on best practices.
        children and
        youth, shall be
        vigorously          ii) Existing family
        v) Strengthen                                                                                   Cultural diversity of the
        family units;                                                                                   Kenyan people and lack
        revitalize the                                                                                  of awareness of the
        extended family     iii) Status of                                                              various statutes/Acts
        to fulfil its       programmes to                                                               related to family issues
        traditional role    educate families      Strong interaction and partnership including          hinders the progress of
        and functions       and budget            improving budget options to fund government           the various social
        related to social   allocated.            programmes                                            protection measures
        and security,
        and reform
        adverse or

Areas   Recommended             Indicators         Results Achieved                                       Constraints
           Actions                                                                                        Encountered/Other
        practices and
        biases, whilst      i) Existing
        promoting           interaction with the
        positive cultural   International
        and traditional     Community.
        practices that
        enhance moral
        and ethical

        vi) Governments
        should advocate
        and negotiate
        with the
        community and
        institutions such
        as the World
        Bank and IMF
        for: debt
        increased                                  Refer to the printed estimates question 7 on page 14
        aid; increased
        trade and                                  Economic Recovery Strategy for Wealth and
        investment; and                            Employment Creation (ERS) and vision 2030 which is

Areas   Recommended              Indicators          Results Achieved                                      Constraints
           Actions                                                                                         Encountered/Other
        assistance in                                a government strategy aimed at steering Kenya to
        accelerating the                             middle income country.
        growth of
        communication       i) Budget allocated
        technology as       to social
        steps in reviving   development;
        increasing the      ii) Existing strategic
        benefits of         framework on
        globalization       poverty reduction.
        and minimizing
        its negative

        should mobilize
        human and
        resources from
        private and
        public sources,
        reduce or
        rationalise                                  Mainly at higher institutions of learning to inform
        military                                     issues such as Health and Nutrition, HIV/AIDS at KU
        expenditures,                                and Nairobi Universities as well as national data

Areas   Recommended             Indicators          Results Achieved                                    Constraints
           Actions                                                                                      Encountered/Other
        re-focus national                           collection exercises such as the DHS and other
        budgets and                                 demographic, economic and other subject specific
        ensure their                                surveys. Policy briefs from IDS on child labour.
        Collaborate with                            Research has been conducted at various levels and
        economic and                                results used to inform policy and programme
        social                                      formulation.
        partners,           i)Existing research
        international       programmes on
        financial           childhood as well
        institutions,       as research being
        donor               conducted;                                                                  Whereas a lot of
        governments                                                                                     research on children is
        and Regional                                                                                    done, these efforts are
        Economic                                                                                        not coordinated.
        (RECs) for          ii) Number of
        resource            research conducted
        mobilization and    and the utilization
        provision of        of the results of the
        technical           research.                                                                   -Research on children
        assistance                                                                                      issues not disseminated
                                                                                                        to the public
        viii)                                                                                           -There is no
        Governments                                                                                     collaboration to develop
        should                                                                                          a course on children

Areas   Recommended         Indicators   Results Achieved   Constraints
           Actions                                          Encountered/Other
        contribute to the                                   issues in higher learning
        strengthening of                                    institutions.
        capacities on
        consolidation of
        the research
        networks on
        childhood in
        Africa, with a
        view to develop
        close linkage
        and advocacy in
        favour of
        childhood in

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