Children's Act, 2022 (Kenya)
12 Jul 2022
Kenya
This country page features an interactive, icon-based data dashboard providing a national-level overview of the status of children’s care and care reform efforts (a “Country Care Snapshot”), along with a list of resources and organizations in the country.
demographic_data
47.50 million
Total Population
Census, 2019
21.85 million
People
Total Population Under 18
Estimate
46%
Population Under 18
Census, 2019
3.9
People
Mean Household Size
Census, 2019
36.1%
Prevalence of Female-Headed Households
2015 MIS
Lower Middle Income Country
World Bank GNI Status
World Bank, 2015
i
Progressed to lower middle income status in 2015. Kenya has made significant political, structural and economic reforms that have largely driven sustained economic growth, social development and political gains over the past decade. However, its key development challenges still include poverty, inequality, climate change, continued weak private sector investment and the vulnerability of the economy to internal and external shocks. While economic activity faltered following the 2008 global economic recession, growth resumed in the last five years reaching 5.7% in 2019 placing Kenya as one of the fastest growing economies in Sub-Saharan Africa. The recent economic expansion has been boosted by a stable macroeconomic environment, positive investor confidence and a resilient services sector. Known as the “Silicon Savannah,” Kenya has seen its Information and Communications Technology (ICT) sector grow an average of 10.8% annually since 2016, becoming a significant source of economic development and job creation with spill over effects in almost every sector of the economy. Between 2005 and 2015, foreign direct investment in Kenya increased by an average of 50%
41.5%
Living Below Poverty Line
NO SOURCE GIVEN
40.8
GINI Coefficient
World Bank, 2015
0.579
Human Development Index
UNDP, 2018
i
Kenya's HDI value for 2018 is 0.579— which put the country in the medium human development category— positioning it at 147 out of 189 countries and territories. The rank is shared with Nepal. Between 1990 and 2018, Kenya's HDI value increased from 0.467 to 0.579, an increase of 23.9 percent
childrens_living_arrangement
%
Country
NO SOURCE GIVEN
52.5%
Living with Both Parents
DHS 2022
i
Kenya National Bureau of Statistics (KNBS) - 2022
31%
Living with One Parent
DHS 2022
i
Kenya National Bureau of Statistics (KNBS) - 2022
14.1%
Living with Neither Parent
DHS 2022
i
Kenya National Bureau of Statistics (KNBS) - 2022
%
Effective
NO SOURCE GIVEN
children_living_without_bio
96%
Living in Kinship Care
Demographic and Health Survey 2014
3.9%
Living With a Non-Relative
BCN Analysis of 2014 DHS Data
66%
Both Parents Alive
BCN Analysis of 2014 DHS Data
18%
One Parent Dead
BCN Analysis of 2014 DHS Data
8%
Both Parents Dead
BCN Analysis of 2014 DHS Data
41.5%
Children living below poverty line
Kenya National Bureau of Statistics (2016). Kenya Integrated Household Budget Survey 2015/6.
i
Note data on children living in multidemensional poverty: 53%. Kenya National Bureau of Statistics (2020). Comprehensive Poverty Report: Children, Youth, Women, Men and the Elderly. From National to County Level.
Despite growing wealth in Kenya, children remain disproportionately represented among the poor and vulnerable, with 41.5% of children living below the national poverty line.
The most recent survey data that were publicly available for Kenya’s MPI estimation refer to 2014. 38.7% of the population (19,223 thousand people) are multidimensionally poor while an additional 34.9% are classified as vulnerable to multidimensional poverty (17,335 thousand people). The breadth of deprivation (intensity) in Kenya, which is the average deprivation score experienced by people in multidimensional poverty, is 46.0%. The MPI, which is the share of the population that is multidimensionally poor, adjusted by the intensity of the deprivations, is 0.178.
Children with Disabilities
1.92 million
children
Global Disability Rights Now! estimate based on 2017 population and global data
i
* this is the percentage of children 0-14 years. The 2014 DHS states that 2.8% of the population is estimated to have a disability (not disaggregated by age and self-identified). Global disability data commonly assumes 10% of the population, using a wider definition. Therefore this number should be taken with a caveat. The data source (Global Disability Rights Now!) uses the global average of 10% to calculate percentage of children 0-14 with a disability. https://www.globaldisabilityrightsnow.org/infographics/disability-kenya
Children affected by HIV
110,000
children
UNAIDS, 2018
i
Estimated number of children 0-14 years living with HIV. A further 660,000 children have lost one or both parents to HIV. https://www.unaids.org/en/regionscountries/countries/kenya
Street Connected Children
50,000
children
UNICEF, 2017
i
The number of children living and/or working on the streets in Kenya is not known, but estimates are high, varying from 50,000 to 250,000. Urban areas with high numbers of children in street situations and homeless families include Nairobi, Mombasa, Kisumu, Eldoret, Lodwar and Nanyuk, and there has reportedly been a growth in recent years in children from informal settlements being drawn to the streets of Nairobi during the day. Children in street situations are the responsibility of the State Department on the Special Programme under the Ministry of Devolution and Planning, and the Street Family Rehabilitation Trust Fund (the Fund)
56.1%
Children experiencing violence
2019 Violence Against Children Survey
i
45.9% (female) / 56.1% (male)
Children in conflict with the law
777
children
UNICEF, 2017
i
The 2016 research found that in late 2015 and early 2016 there were 427 male under-18s held in remand in prisons, more than the 350 being held in remand homes at the same time. Of these, 18 per cent were charged with “preparation to commit a felony” and 15 per cent with “defilement”. The researchers were informed that these boys were held in the prison because they were a danger to other children in remand homes, even though this contravened national legislation
Refugee Children
213,000
children
UNHCR, 2019
i
This figure is the number of children who are formally registered as refugees, of whom over 20,000 are unaccompanied and separated
30%
Children Lacking Online Safety
TdH, 2018 & ECPAT, 2020
i
A large number of children – 55% - have accessed adult pornography online, the largest percentage of a five-country survey conducted by ECPAT International (2013). Understanding African children’s use of Information and Communication Technologies (ICTs) – a youth-led survey to prevent sexual exploitation online; an estimated 30% of children at risk of online sexual exploitation, including sharing of personal information, sharing of their nude pictures, accepting friendship requests from strangers
Children in Informal Kinship Care
NO DATA AVAILABLE
Kenya 2014 DHS Children's Care and Living Arrangements
i
13% of children age 0-17 live with neither biological parent and 95% of these live in households headed by a relative (most commonly grandparents)
0 Families/Parents
0 Children
NO SOURCE GIVEN
0 Families/Parents
0 Children
NO SOURCE GIVEN
Total Family-Based Alternative Care
- - Families/Parents
- - Children
NO SOURCE GIVEN
Foster Care
- - Foster Families/Foster Parents
- - Children
i
There is no data available on the number of children in formal foster care, though DHS data from 2014 indicate that 16.9% of households are fostering a child. Only 3.9% of surveyed households report hosting a child 0-17 unrelated to the head of the household. Foster care rules and regulations exist, and foster care is described and provided for in the Guidelines for the Alternative Family Care of Children in Kenya. Informal arrangements and some NGO-led pilot programs exist in the absence of state-led foster care services. There is also common misinterpretation of foster care regulations that children may only be placed in foster care via initial placement in Charitable Children's Institutions.
Kenya 2014 DHS Children's Care and Living Arrangements
Formal Kinship Care
- - Families/Parents
- - Children
i
Most common form of alternative family care with strong traditional roots and still considered a modern social norm; 13% of children age 0-17 live with neither biological parent and 95% of these live in households headed by a relative (most commonly grandparents)
Kenya 2014 DHS Children's Care and Living Arrangements
Total Residential Care
910 Settings
26,198 Children
i
Rapid data collection process overseen by DCS, NCCS and Care Reform Core Team showed 45,480 children were in Child Care Institutions (CCIs) before COVID-19. Of that number, 19,282 were released from care as a result of the Government Directive and 26,198 remained in CCIs. Of the total number of CCIs, 581 were registered and 329 were unregistered. This data was presented by NCCS at the Alliance for Child Protection in Humanitarian Action, UNICEF and BCN webinar on COVID-19 and Alternative Care in 2020.
DCS, NCCS and Care Reform Core Team, 2020
Registered Child Care Institutions (CCIs)
581 Settings
- - Children
DCS, NCCS and Care Reform Core Team, 2020
Unregistered Child Care Institutions (CCIs)
329 Settings
- - Children
DCS, NCCS and Care Reform Core Team, 2020
Lancet Global Study Estimate of Children Living in Institutional Care
85,733 Children
i
Lower Bound: 85241.22
Upper Bound: 86225.57
Desmond, et al, 2020
adoption
NO DATA AVAIABLE
Country
NO SOURCE GIVEN
781
children
Domestic Adoption
Data Source: Roby & Rotabi 2016; Date Range: 2003-2008
i
Although reliable adoption figures are unavailable, between 60% and 80% of all children (between 781 and 895 children) recorded as adopted between 2003 and 2008 were adopted domestically. Many Adoption Societies exist within Kenya, often linked to Charitable Children's Institutions (as by law, children must pass through Charitable Children's Institutions before being declared free for adoption). Adoption Societies are mandated to declare children free for adoption and to match with prospective adoptive parents. Adoptions are then approved via Court. The Children's Bill looks to formalise a national independent Adoption Committee Kinship adoption refers to adoption by relatives; this is provided for in the Guidelines for the Alternative Family Care of Children in Kenya as a form of domestic adoption. Additionally, commonly referred to as 'traditional adoption', Abaguusi adoption occurs among the Kiisi ethnic group, whereby a family who wish to have a child / more children negotiate a 'dowry' with a family who has a child who is double orphaned, or who the family is unable to care for. The practice is typically more common for boys, where families are looking to extend their bloodline, and pass on land. Children often come from within the Kiisi ethnic group, or from neighbouring ethnic groups (Luo, Luyha). Given this form of adoption is typically practiced informally, the exact prevalence is unknown. Main barriers to adoption include fear of exposing infertility, worry about corrupt practices, and reluctance to grant full inheritance rights to a child unrelated by blood.
0
children
Inter-country Adoption
NO SOURCE GIVEN
i
An indefinite moratorium on intercountry adoption was issued by the Cabinet in 2014, amid reports of trafficking.
NO DATA AVAIABLE
Effective
NO SOURCE GIVEN
89%
Children with Both Parents Alive
DHS 2022
7.8%
Children with One Parent Alive
DHS 2022
0.8%
Children with Both Parents Dead
DHS 2022
Country
NO SOURCE GIVEN
Effective
NO SOURCE GIVEN
NO DATA AVAILABLE
Social Welfare Spending
NO SOURCE GIVEN
i
Spending on cash transfers for fiscal year 2017/2018 was 9,930,946,973 KSh, 0.47% of the overall Government of Kenya (GoK) budget. Together, Child Protection and Cash Transfer spending equalled 11,949,031,766 KSh, 0.56% of the overall Government of Kenya (GoK) budget.
KSh
2.02 billion
Child Protection Spending
CP budget for Fiscal year 2017/18 Source (DCS, State department of Social Protection).
i
Information provided by Shar Kurtishi, Consultant supporting UNICEF with costing of the child protection system. Child protection spending was 0.09% of the overall budget for the Government of Kenya in fiscal year 2017/2018. Together, Child Protection and Cash Transfer spending equalled 11,949,031,766 KSh, 0.56% of the overall Government of Kenya (GoK) budget.
Alternative Care Policy in Line with the 2009 Guidelines
Yes
Guidelines for the Alternative Family-based Care of Children in Kenya, Government of Kenya and UNICEF (2014).
Commitment to Deinstitutionalistion
Yes
Care Reform Strategy (2020) [draft]
Comprehensive Child Protection Law
Mostly
Children's Act (2001); Charitable Children's Institutions Regulations; Foster Care Regulations; Adoption Regulations
Continuum of Alternative Care Services Available
Partly
NO SOURCE GIVEN
i
Kinship care (mainly informal), foster care (some informal, some formal, mostly pilot programs led by NGOs), guardianship, kafaalah, domestic adoption, residential options (both government and non-government)
Data System
Partly
CPIMS - indicators related to children's care being developed
Existence of a Regulatory Body and Regulatory System
Yes
NCCS
Gatekeeping Mechanism/Policy
Partly
Alternative Care Committee (sub-committee of Area Advisory Councils, authority delegated by NCCS); National Gatekeeping Guidelines (2020) [draft]
Means of Tracking Progress with Reforms
Mostly
CPIMS; National Care Assessment (2020)
Moratorium on Admission into Institutions for Children Under 3
No
NO SOURCE GIVEN
Moratorium on New Institutions
Yes
Ministry of East African Community, Labour and Social Protection. 1 November 2017. Suspension of Registration of New Charitable Children’s Institutions (CCIs). Letter from the Cabinet Secretary.
National Action Plan to Guide Reforms
Yes
Care Reform Strategy (2020) [draft]
National Standards of Care
Partly
National Standards for Best Practice in CCIs (2013); Through and Aftercare Procedures (2013)
Prevention of Separation Services Available
Limited
Range of NGO child protection services
i
Range of NGO child protection services includes: Social Protection (i.e. Cash Transfers to Vulnerable households); National Government Affirmative Action Fund for Vulnerable groups; Bursary Awards; Free medical care for under 5; Universal health coverage underway; Family strengthening through IGA’s; Scholarship Awards; Table banking activities; Parenting skills training
Support for Careleavers (in Legislation and in Practice)
Partly
Guidelines for the Alternative Family Care of Children in Kenya (2014)
i
Outlined in Guidelines for the Alternative Family Care of Children in Kenya (2014), National Standards for Best Practice in CCIs (2013) and Through and Aftercare Procedures (2013). In practice, qualitative data collected from care leavers in Situational Analysis reflected that support is not systematically provided, and differs greatly from institution to institution.
social_work_force
Workers
NO SOURCE GIVEN
Country
Standardised 10-day child protection training roll-out
Yes
Workers
NO SOURCE GIVEN
Effective
A national workforce assessment and analysis carried out within the past four years
No Data
NO SOURCE GIVEN
A system of licensing/registration of social service professionals
No Data
NO SOURCE GIVEN
key_stakeholders
Key Stakeholders
Add New DataCountry
Government
i
DCS was mandated by the Children Act of 2001 to safeguard and protect the rights and welfare of children for national prosperity. DCS is the child protection implementation body and is responsible for planning and execution and direct implementation of child protection programming and services.
i
The NCCS was established under Section 30 (1) of the Children Act 2001. NCCS’ main functions are accountability and oversight, and design of policy, standards and guidelines related to child protection.
County Government
Judiciary
Civil Society Organisations
i
Established in 2009, KESCA is an organisation registered as a society in Kenya by and for adults (18 + years) who spent all or part of their childhood in children homes, orphanages, and/or rehabilitation centers. Its vision is to see empowered care leavers lead a meaningful life and actively participate in the promotion of the rights of children without parental care.[i] KESCA has been very active in raising awareness about the lived experiences of care leavers, especially the lack of support when young people transition out of care. KESCA has been actively involved in the development of guidelines and policies as well as participating in the design and delivery of training, data collection processes and case management and gatekeeping guidelines. KESCA is a member of the Care Reform Core Team.
i
The Association for Alternative Family-based Care was established in 2016 as the Alternative Care Alliance- Kenya and now Association for Alternative Family Care of Children brings together individuals, Government and non-governmental organisations to work towards the implementation of the Guidelines for the Alternative Family Care of Children in Kenya. The Association consolidates diverse knowledge, skills and voices to shape and promote childcare reforms that will strengthen and preserve family and community-based care approaches. There are currently 25 members and four sub-committees targeting case management and reunification, family support and strengthening, alternative care and advocacy. The Association for Alternative Care includes members who are actively engaged in the delivery of family-based alternative care and are some of the leading voices engaged in shaping policy, practice and advocacy related to children’s care.
i
Care system strengthening
i
CTWWC is an initiative designed to promote safe, nurturing family care for children in residential care or children at risk of child-family separation. CTWWC is a consortium of three partners (Catholic Relief Services, Lumos and Maestral International). This includes strengthening families and reforming national systems of care for children, including family reunification and reintegration, development of alternative family-based care. CTWWC works closely at national level to support the Government of Kenya to promote family care through improvement and uptake of policies and investment in the workforce. CTWWC is also working to improve data about children in care, promote safe and lasting reintegration, family-based alternative care and family strengthening efforts that prevent separation. They are doing this in three demonstration counties in Kenya: Kisumu, Nyamira and Kilifi. CTWWC is a member of the Care Reform Core Team.
i
Residential care services, foster care services, advocacy
Collective Community Action
i
Foster care pilot project, reintegration of children living in statutory institutions
i
Born out of a desire to reduce reliance on residential care and strengthen family-based options for children in Murang’a County, Stahili has been actively engaged in deinstitutionalisation efforts, the provision of foster care and strengthening of families to prevent separation. Stahili conducted one of the five county-level situational analysis of residential care and is a member of the Care Reform Core team.
i
Foster care pilot project, reintegration of children living in statutory institutions
i
Advocacy, training, transition services
Institution Don Calabria
i
Foster care pilot project
i
Advocacy, training
Effective
Other Relevant Reforms
Add New DataEffective
NO SOURCE GIVEN
Child Protection
i
- DCS workforce strengthening
- CPIMS helping to address challenges associated with lack of data
- National policy framework is relatively strong (including policies related to disability)
- Prohibition of Female Genital Mutilation Act 2011 and the Anti-Female Genital Mutilation Board, a semi-autonomous government agency, established in 2013 (engages in awareness-raising work in areas with a high prevalence of FGM)
Situation Analysis of Children and Women in Kenya, 2017 (UNICEF, 2018)
Decentralisation
i
In 2010, Kenya adopted a devolved system of governance. Forty-seven County Governors now oversee many areas of provision, including several social sectors. Through its funding formula and governance structures, the devolved system is intended to ensure equitable distribution of national and local resources and promote the participation of citizens in decision making on issues that affect them at local level. With devolution, county governments have become highly strategic entities, controlling more than 4.5%t of GDP and responsible for planning and delivering all devolved functions, including health, water, sanitation, urban services, early childhood development, and other local infrastructure. In some cases counties have struggled with insufficient resources to meet competing sector demands; weak systems; and challenges attracting and retaining competent or trained staff for planning, budgeting and participatory processes. Ongoing support is required to improve service delivery at county level.
Situation Analysis of Children and Women in Kenya, 2017 (UNICEF, 2018)
Health
Situation Analysis of Children and Women in Kenya, 2017 (UNICEF, 2018)
i
Since devolution, public healthcare expenditure has risen substantially as a percentage both of GDP and of government expenditure. Local level spending has been constrained by delayed and lower-than-budgeted transfers from national to county level. Devolution of responsibilities to counties has meant that decisions can be made closer to the point of need, but significant challenges remain. Even before devolution, health systems were quite weak, particularly in northern areas. When counties took over provision of healthcare, they received insufficient guidance for their new role, including guidance on budget lines. Nevertheless, there have also been some successes in refocusing healthcare provision to the needs of local communities, and increasing the prioritization of preventive and promotive interventions rather than curative services. Counties are currently at different levels of institutionalization, planning, prioritization and implementation, and this largely depends on the capacity and commitment of health managers. Community health volunteers support maternal and newborn care, parent support groups, timed and targeted counselling, nutrition support, referral of children for immunization, and treatment of certain ailments by providing essential information and medical supplies, and acting as a referral mechanism. Kenya has managed to introduce new vaccines: the inactivated polio vaccine, rota, measles and rubella: 19 million children aged below 14 years were vaccinated against measles and rubella in 2016 and nine million children under five years were vaccinated against polio between 2013 and 2017. The number of healthcare facilities providing immunization increased from 5,300 to 6,900 between 2011 and 2016.
"The Big Four"
Vision 2030
i
As part of Vision 2030, the President outlined the “Big Four” development priority areas for his final term as President. The Big Four will prioritize manufacturing, universal healthcare, affordable housing and food security.
Education
Situation Analysis of Children and Women in Kenya, 2017 (UNICEF, 2018)
i
Kenya is piloting a prototype of an accessible digital textbook that follows Universal Design for learning. Primary and secondary schools remain the responsibility of the national Government, but pre-school has been transferred to county governments. Including spending at the county level, almost 40% of government expenditure was on social sectors in 2015-2016, of which education accounted for more than half.
Between 2011 and 2015, the number of educational establishments at all levels rose, with the largest rises in public primary and secondary schools and in private secondary schools. Teacher distribution is very inequitable, with schools with 500 pupils having as few as five or as many as 40 teachers. Children with disabilities are still largely taught in separate schools or units, despite inclusive education being a principle of the 2014-2018 National Education Sector Plan. At more than 14 per cent of total government expenditure, public spending on education is slightly higher than for comparable East African counties. Almost all this spending (92 to 95%) is on recurrent expenditure, such as salaries.
drivers_of_institutionalisation
Drivers of Institutionaliziation
Add New DataCountry
Push Factors
Lack of access to services (education)
Poverty
Abandonment
Violence against children
Parental death
Divorce/family separation
Emergencies
Children in conflict with the law
Pull Factors
Orphanage‐based sponsorships and tourism
Provision of education on residential basis only
Global awareness surrounding AIDS orphans
Effective
key_research_and_information
Key Data Sources
Add New DataCountry
Prevalence and number of children living in institutional care: global, regional, and country estimates
06 Mar 2020
Social Protection and Disability in Kenya
01 Oct 2018
Kenya Social Protection Sector Review
01 Jun 2017
Country Care Review: Kenya
21 Mar 2016
Child Developmental Disabilities, Caregivers’ Role in Kenya and Its Implications on Global Migration
20 Mar 2019
Research findings on Alternative care system in Kenya for children without parental care
07 Apr 2015
Charitable Children Institutions in Kenya: Factors Influencing Institutionalization of Children
09 Nov 2015
Effective
Acknowledgements
Data for this country care snapshot was contributed by consultants with Maestral International.
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The African Committee of Experts on the Rights and Welfare of the Child (ACERWC/the Committee), in collaboration with African Union Member States, partner organizations, children and young people, launches the first of its kind Continental Study on Children Without Parental Care (CWPC) in Africa. The study, conducted from 2020 to 2022, amid the COVID-19 pandemic, covered over 43 countries in the five regions of Africa.
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Disability inclusion means breaking down barriers to promote a society that values diversity and accessibility for everyone. In 2023, Changing the Way We Care Kenya included a disability inclusion reflection learning exercise aimed at collecting views and feedback, and documenting how the initiative had impacted on lives of caregivers and children with disabilities, and how disability issues were be included in the care reform agenda.
Case management is used with both families at risk of separation and those where children have already separated and are in the process of being reintegrated, including biological family or placed into an alternative family (e.g., foster or kinship). The end goal of case management is that children are safe and nurtured within a family that is able to care for them, and access needed services that address risks and increase resilience.
This insight from Changing the Way We Care provides an overview of the household economic strengthening (HES) activities that were part of a holistic family strengthening approach in Kenya.
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NAIROBI — At the height of the HIV/AIDS epidemic, when up to 12 million people were infected across sub-Saharan Africa, Nyumbani Children’s Home offered a refuge to Kenya’s dying children. Later, the institute, run by a Catholic charity, fought for the first batches of retroviral drugs for its sick toddlers.
These guidelines provide minimum standards to be adhered to in the provision of Child Welfare Programmes; The guidelines will also provide a framework within which state and non-state actors shall develop, design, and implement childcare and welfare programmes to enhance child rights, strengthen family and community-based care.
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These national guidelines provide a roadmap of activities to guide the state and non-state actors in Kenya to streamline the transitioning of care systems, children and institutions in the country.
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This study purposed to assess the psychological wellbeing of adults who were raised in children’s homes and other institutional care in Kenya and had since transitioned out. T
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Changing the Way We Care (CTWWC) promotes safe, nurturing family care for children reintegrating from residential care facilities (often referred to as “orphanages”) and prevents child-family separation by strengthening families, reforming national systems of care for children, and working to shift donor and volunteer support away from residential care and toward family care alternatives.
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In this article published in the most recent edition of the Catholic Care for Children Magazine, Sr.
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