Rights of a child under kenyan

In approved schools, canings, deprivation of home leave, and labor are used as punishments. Economy The Rights of a child under kenyan economy has suffered a series of setbacks in recent years, from the instability that followed the elections to the declining tourism and remittances revenue in the wake of the global economic crisis ofthe rise in oil prices as a result of the instability in the Middle East and North Africa, and as a result of the drought and food crisis in the horn of Africa.

Pending final adjudication and disposition of their cases, street children are committed by courts to temporary detention in juvenile remand homes for children 15 years and younger or to adult remand prisons for children at least 14 years old where they may languish for indefinite periods of time, usually between several weeks and months, and sometimes even years.

Common Law does not encourage split custody. Parents have the responsibility of providing children with appropriate guidance in religious education. Where practicable, children are often commingled with adults. Unlike juvenile remand homes, remand prisons are under the administration of the Prisons Department.

Human Rights Watch found conditions to be particularly disturbing in adult remand prisons. A married woman can apply for maintenance and custody orders in a case where the husband has wilfully neglected the children.

This means that if a child of less than eight years performs an act or omission, which by law is defined as a crime like stealing or killing a person, he or she cannot be held responsible for the crime. Current law contains guidelines on the use of firearms only.

All children complained of hunger, and reported that they received no education whatsoever or opportunities for recreation.

After sometime their financial situation improved and they sought to have the child returned to them. Right of Children with disabilities to be treated with dignity. The Children Bill contains some significant proposed reforms concerning the treatment of children within the justice system, including the abolition of corporal punishment as a judicial remedy, and the placing of time limits on the periods children spend in remand detention or awaiting adjudication of their cases.

It is of concern that there is no schooling available in approved schools for girls beyond Standard 8 level. Only children who are born within lawful wedlock are provided for in this Act. In contravention of international juvenile justice standards, Kenyan law continues to authorize corporal punishment of children by judicial authorities and within correctional institutions.

Confused and frightened in court, children often do not understand the nature of the legal proceedings or the dispositions of their cases.

Agriculture accounts for 80 per cent of employment in Kenya, 50 per cent of exports and 25 per cent of GDP, making it a vital economic activity. For girls deprived of their liberty in approved schools, provide access to secondary level education, as is provided for boys.

These include the right to association, movement, secure protection of the law, religion and conscience, and the right to life. The CYPA establishes juvenile courts for the purpose of hearing all charges against persons under eighteen years of age, except in cases where children are charged jointly with adults these cases are heard in regular adult courts.

It outlines criminal offences and prescribes penalties to them. The terrain is highly variable, with swamps and mangroves along the coast, dense forests and mountains in the west and the wild-life rich savannah grasslands in the centre of the country.

Firstly the court has to have regard to the wishes of the natural parents that is the biological parents, Secondly the court stated that where custody is being claimed by both natural parents i. The Constitution of Kenya This is the Supreme law of Kenya; any law that is inconsistent with Constitution is null and void.

Of particular relevance to the rights of children is the lack of reform in relation to juvenile justice, which has been persistently criticised by the Committee on the Rights of the Child, but is yet to be addressed through systematic reforms [14]. This part gives the legal definition of various terms, phrases and sections in the CA.

Other offences that protect the lives of children include concealment of birth, killing of the unborn, procuration of an abortion etc.

The following year Kenya became a Presidential republic and the only opposition party dissolved itself. Translation is not always available for children who need it. Children should also not be recruited in armed conflict or take part in hostilities. Boys are provided with one uniform only, upon admission to the borstal.

Section makes it an offence for a person to deprive a parent or guardian of the custody of the child aged under 14 years. Therefore, criminal action cannot be taken against say an eleven-year-old boy who has committed the offence of rape or defilement, because the law sees him as incapable of committing such an offence.

The assumption here was that in the interest of the welfare of children mothers were better suited to nurture and raise children of tender years. This is known as the age of criminal responsibility.Under Kenyan law, children 14 years old and above may also be committed to regular adult prisons, although this practice is admittedly rare.

For some, police will simply mete out their own form of summary justice in the form of a beating, and release the children from jail without their ever going to court. Kenyan Laws Providing for the Child Rights and Child Protection Children Rights in Kenya – The Constitution of Kenya.


This is the Supreme law of Kenya; any law that is. CATHOLIC UNIVERSITY OF EASTERN AFRICA Rights of the Child Assignment: Discuss in detail how the principle of the Best Interest of the Child has been applied in Kenyan Courts.

Chapter Five (5) of the Constitution contains the Bill of Rights, which offers protection for the safeguards of the individual rights and freedoms for every Kenyan.

These include the right to association, movement, secure protection of the law, religion and conscience, and the right to life. – an Analysis Based on the CRC Reports 2 Children’s Rights in Kenya – an Analysis Based on the CRC Reports Save the Children fights for children's rights.

The position under common law was changed by statutes which have watered down the exclusive rights of fathers over children.

One finds that common law started from a position of paternal preference when it came to rights and responsibilities over children.

Rights of a child under kenyan
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