Sessional Paper No. 6 of 2014 
on the 
National Children Policy 
TABLE Of CONTENTS 
FOREWORD....................................................................... v 
ACRONYMS........................................................................ vii 
EXECUTIVE SUMMARY........................................................ ix 
CHAPTER ONE: INTRODUCTION .................................. 1 
1.1 Background................................................................. 1 
Scope of the Policy .. .. .. .. .. . .. .. .. .. .. .. . .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. 2 
1.2 Rationale for developing the National Children Policy...... 2 
CHAPTER TWO: SITUATION ANALYSIS Of CHILDREN 
2.1 Existing Initiatives and Programmes for Children............ 3 
2.1.1 Civil Society Organizations and Development 
Partners............................................................ 3 
2.1.2 The Family........................................................ 3 
2.2 The status of Children in Kenya .................................... 3 
2.3 Challenges to the realization of Children Rights and 
Welfare............................................................................. 6 
CHAPTER THREE: THE NATIONAL CHILDREN POLICY 
FOR KENYA.................................................................... 7 
Introduction....................................................................... 7 
3.1 Objectives of the policy................................................ 7 
3.2 Guiding Principles........................................................ 7 
3.3 Management Policies and Programs for Children............ 8 
3.3.1 Pillar 1: Child Survival.......................................... 8 
3.3.2 Pillar 2: Child Development.................................. 10 
3.3.3 Pillar 3: Child Protection ...................................... 12 
3.3.4 Pillar 4: Child Participation ................................... 13 
iii 
CHAPTER FOUR: IMPLEMENTATION, MONITORING FOREWORD 
AND EVALUATION FRAMEWORK 
The Government of Kenya recognizes and appreciates the need to 
4.1 Introduction ............................................................... . 16 develop a comprehensive framework to deal with children issues as 
4.1.1 Capacity ........................................................... . 16 a matter of National concern. This Sessional Paper is prepared 
against a background of various challenges affecting children in 
4.1.2 Management of the National Children Policy ...... .. 16 Kenya. The policy recognizes that children's rights are human 
4.2 Institutional Arrangement for the Implementation of rights and that all steps need to be taken to advance and advocate 
National Children Policy ............................................... . 17 for them, so that the children can realize their full potential. It 
therefore addresses issues/challenges facing children and also 
4.3 Monitoring and Evaluation of National Children Policy .... . 18 
• provides a broad based framework for implementation of strategies 4.4 Key Factors in Policy Implementation .......................... .. 19 that will enable children realize their rights and thus lays a strong and solid foundation for National Development and Prosperity. It 
4.5 Collaboration on Implementation of the National presents a paradigm shift required for managing children affairs in 
Children Policy ............................................................ . 19 the Country. 
4.5.1 Private Sector ................................................... . 19 The policy contains specific and targeted interventions which when 
4.5.2 Research Institutions and Institutions of Higher effectively implemented, would contribute considerably towards the 
Learning .......................................................... . 19 achievement of the goals of Kenya Vision 2030 and the 
Constitution. The goal of the policy is to realize and safeguard the 
4.5.3 Civil Society, Faith based, Non-Governmental, rights and welfare of children in Kenya. It emphasizes the fact that 
Philanthropic and Community based groups .... .. 20 children are vulnerable, innocent and dependent. They make up 
4.5.4 Development Partners ....................................... . 20 more than half of the National population and therefore their rights 
should be respected and protected at all times. In a nutshell, to 
4.5.5 The role of Children and the Community ............ . 20 secure Kenya's future all children must be nurtured, protected from 
4.6 POLICY REVIEW ............................................................... . 20 harm, exploitation and violation of their rights. 
• The policy provides a comprehensive framework that will guide the • { different sectors and agencies involved in children issues in Kenya . To realize sustainable change in the well-being of children, 
envisioned in this policy document, will invariably depend on the 
extent to which the policy is implemented. It goes without saying 
that effective implementation of this policy is hinged on the support 
, active participation, cooperation of everybody and all relevant 
duty bearers, agencies and institutions in the Country. I therefore 
call for sobriety, creativity, innovative interventions and approaches 
in order to realize improved outcomes for children in Kenya.· 
~EOMAMO 
Ag. CABINET SECRETARY 
MINISTRY Of LABOUR, SOCIAL SECURITY AND SERVICES 
iv 
V 
ACRONYMS 
AAC - Area Advisory Council 
ACRWC - African Charter on the Rights and Welfare of the 
Child 
AIDS - Acquired Immune Deficiency Syndrome 
ASALs - Arid and Semi-Arid Lands 
CCis - Charitable Children's Institutions 
CSEC - Commercial Sexual Exploitation of Children 
CSOs - Civil Society Organizations 
DCS - Department of Children's Services 
ECDE - Early Childhood Development Education 
FGM - Female Genital Mutilation 
FPE - Free Primary Education 
GBVRC - Gender Based Violence Recovery Centre 
HIV - Human Immuno-deficiency Virus 
ICT - Information Communication Technology 
ITN - Insecticide Treated Nets 
KOHS - Kenya Demographic Health Survey 
KESSP - Kenya Education Sector Support Programme 
KIHBS - Kenya Integrated Household Budget Survey 
KNBS - Kenya National Bureau of Statistics 
MDGs - Millennium Development Goals 
MTEF - Medium Term Expenditure Framework 
MTP - Medium Term Plan 
NACADA - National Authority for Campaign Against Alcohol & 
Drug Abuse 
NCCS - National Council for Children's Services 
NCP - National Children Policy 
NGOs - Non - Governmental Organizations 
vii 
TIVET - Technical Vocational Education and Training EXECUTIVE SUMMARY 
ESQAC - Education Standards Quality Assurance Council According to the 2009 Housing and Population Census, Kenya's 
population was 38.6 million with an annual growth rate of 2.2 per 
UNGASS - United Nations General Assembly Special Session cent. Approximately 19.15 million, that is, 50 per cent of the 
UNCRC - United Nations Convention on the Rights of the population are children. 
Child Of this population, 7.66 million that is, 20 per cent are children 
WHO - World Health Organization under five years, while 1.92 million or 5 percent are children under 
one year. 8.81 million children live in absolute poverty, with the 
WFFC - World Fit For Children figure rising in rural areas to about 50 per cent. 
Further analysis indicates that of the 19.15 million children, 15.32 
million or 80 per cent live in rural areas, while the remaining 3.83 
million live in urban areas. 
Although old age dependency is low in Kenya, child dependency is 
a challenge because of the high fertility rates. 
The current population growth rate of 2.2 per cent per annum is 
considered to be high and is expected to double in 15 years. This 
implies that by the year 2030 Kenya's population will be about 65 
million people. 
The population in Kenya is characterized by high fertility rates, a 
young structure, a youth 'bulge', high dependency burdens and 
high population growth rate. All these constitute serious obstacles 
to poverty eradication and sustainable development thus posing 
serious challenges to the well- being of children and realization of 
their rights. 
The demographic shift towards increased children and young 
persons in society has been accompanied by rapid urbanization, 
shifting attitudes within communities and population movements. 
In particular the increasing movement of younger persons from 
rurai to urban areas in search of employment has led to major 
changes in family structures leading to breakdown of the extended 
family support systems. This combined with poverty, Human 
Immuno-Deficiency Virus/Acquired Immune Deficiency Syndrome 
(HIV/AIDS) and moral decadence in the society has threatened the 
protective environment for children as they become vulnerable to 
abuse, violence, exploitation, neglect, sexual exploitation, 
trafficking, child labour, harmful social/cultural and religious 
ix 
viii 
practices such as female genital rnut:ilat1011 ancl child marriage • provide for appropriate and effective legislative and 
among others" institutional framework for child protection, 
According to the 2012 Kenya Social Protection Sector Review, Each chapter on the policy starts with a broad overview on the 
approximately 306 million children in Kenya are orphans or situation highlighting the challenges facing children in the country" 
otherwise classified as vulnerable" This implies that their right to This is followed by policy interventions un ler the four pillars, 
survival, development and 1Jarticipation are unfulfilled and /or namely: child survival, child development, .:hild protection and 
threatened" child participation, 
The need for a policy on children arises from the Government's The policy also provides a Monitoring and EvaLation mechanism 
commitment to address the plight of this vulnerable category of for effective implementation of the stated strat ,gies and 
society through a comprehensive and coherent institutional, programmeso 
legislative and enforceable framework, 
The policy is based on International, Regional instruments Kenya 
has ratified as well as National laws and policies related to children" 
Such instruments include the United Nations Convention on the 
Rights of the Child (UNCRC), the African Charter on the Rights and 
Welfare of the Child (ACRWC) and the Children Act 200L 
The policy seeks to: 
• facilitate enjoyment of quality life for all children in Kenya, 
• promote healthy and active life through comprehensive 
health care for all children, 
• recognize and provide assistance to vulnerable children and 
their households to guarantee their social and economic 
needs, 
• ensure that the special needs of children are met in conflict 
and disaster situations, 
• ensure that children are protected from abuse, neglect and 
exploitation, 
• ensure that children get quality, accessible, inclusive, 
equitable and affordable education to enhance holistic 
growth and development and participation in the 
development process at all levels" 
• strengthen Community programmes and structures in order 
to keep orphans and vulnerable children in family care and 
thereby optimize financial and human resources, and 
X xi 
CHAPTER ONE: INTRODUCTION 
i.i Background 
Kenya's long history of service to children goes back to the colonial 
period. The first institutional response was started around 1909 by 
establishing a corrective facility to take care of deviant youth who 
failed to register and carry with them the Identity cards, then 
popularly referred to as "Kipande". 
Over time, other Government institutions were established in 
several parts of the Country to cater for children in conflict with the 
law as well as those in need of care and protection, the latter being 
the majority. 
In addition, children offices were progressively established by the 
Department of Children's Services at. the County level and other 
Devolved Units to spearhead and co-ordinate Community based 
interventions on diverse children issues. 
The post independent years also witnessed the establishment of 
thousands of programmes and projects by Non-governmental 
Organizations (NGOs), Faith based Organizations (FBOs) and the 
Private Sector to complement Government's Service to children. 
These initiatives culminated in the Government of Kenya ratifying 
the United Nations Convention on the Rights of the Child (UNCRC) 
in July, 1990 and developing and approving for implementation the 
first comprehensive National Plan of Action for Children 1990-2000 
to realize the goals of the World Summit for children. 
By participating in the Summit, Kenya shared in a process that 
established broad goals geared towards the well- being of children 
and which each state was expected to domesticate to national 
objectives. The National objectives were to be founded on the 
universally accepted rights to survival, development, protection and 
participation. 
Kenya ratified the African Charter on the Rights and Welfare of the 
Child (ACRWC) in 2000. With the enactment of the Children Act in 
2001, Kenya confirmed her commitment to translate agreed UNCRC 
and ACRWC principles into National law. The enactment of the 
Children Act was a major follow-up action of the World Summit as 
it domesticated the UNCRC and the ACRWC. 
1 
Scope of the Policy CHAPTER TWO: SITUATION ANALYSIS OF CHilDIU:N IN 
The policy addresses the various challenges impacting on the well- KENYA 
being of children in Kenya under the four pillars namely: child 2,l Existing Initiatives and Programmes for Children 
survival, child development, child protection and child participation. 
Despite the absence of a comprehensive policy on children , the 
1.2 Rationale for developing the National Children Policy Government of Kenya in collaboration with Non-Governmental 
The need for a national policy on children arises from government's organizations, Private sector, Faith based organizations, Community 
realization that without a coherent and comprehensive overall based groups and Development partners has continued to offer 
framework for guiding the different sectors and agencies involved support to children all over the Country. 
in matters pertaining to children, substantial resources and efforts 2.:Ll Civil Sodety Organizations and Development Partners 
may continue to be duplicated and wasted. 
Through the policy, the rights and welfare of children will be Development partners and other non- state organizations offer 
addressed recognizing that:- various services such as education, health care, food and nutrition, 
psychosocial support, shelter and advocacy. 
® Children are the most vulnerable members of the Kenya's 
society and should therefore, be given priority, their rights Some of the organizations also provide targeted support to children 
respected and their needs provided for through appropriate in refugee camps and in disaster situations. 
policy prescriptions, legislative instruments, enforcement 2,1.2 The family 
mechanisms and developmental programmes, 
The family is still the most important institution for the growth, 
• Adequate budgetary and other resources should be allocated socialization and development of children, The extended family 
to facilitate progn:::,nmes targeted to children, support system to chiidren is still operational in many communities 
• An increasing number of children has significant implications despite the changing structures, living patterns, social values and 
on national development, economic pressures. The Constitution provides: "tile family is tile 
• The government has a moral and legal obligation to take natural and fundamental unit of society and necessary basis of 
adequate steps to provide for children's well-being and social order, and shall enjoy the recognition and protection of the 
development, state." This is critical because wllen the family functions properly, 
the child's well- being is assured and guaranteed, 
• Children are the present and the future and therefore need 
to be nurtured to effectively participate in the national 2.2 The status of Children in Kenya 
development process, and Kenya serves as an economic, social, cultural and political hub 
• Kenya as a member of the United Nations and signatory of within the East African region. With an estimated population of 40 
the World Summit Goals and African Common Position on million people and about 19 million of that population being under 
Children and Action Plan, World Fit for Children goals, 18 years, Kenya shares with her neighbours the obligation to 
subscribes to adding quality life to her children through this achieve social, political and economic equity, growth and 
National Children Policy, development that guarantees rights of every citizen including 
The policy contains specific measures that will be undertaken to children. 
address past weaknesses and shortcomings. The ultimate goal Poverty and vulnerability continue to hamper reaiization of rights 
is to bring lasting and positive change in the lives of children in especially for children. The government of Kenya believes that 
Kenya to ensure that they grow and thrive, investment in children's rights is both an obligation and 
2 3 
opportunity. It is an obligation because deprivation, poor srncus report covered the period 2009-2013 re-examined 
abuse, illiteracy and ill health undermine children's abilities areas like eight to health, nutrition, water and sanitation, 
develop to their full potential. education, pa,ticipal:ion and child protection. It looked at child 
poverty and deprivation, It also looked at three important emerging 
It is an opportunity because better nutrition, health care, education issues that merit greater attention namely, crises and disasters, 
and protection for children are far greater and long lasting than any growing urbanization and the situation of urban poor children, the 
other development intervention. period of adolescence and their effects on children. 
On legal and regulatory framework, Kenya is ranked highly among Two positive developments that will help improve the lives of 
African Countries especially for putting in place a regime that is I children in Kenya are underscored in the report. The first is Kenya's 
protective and promotes the rights of children by implementing a 
\I progressive Constitution promulgated in 2010 which provides a 
budgetary policy and programmes that favour children. ,1 comprehensive legal framework that guarantees the rights and 
According to the report by African Child Policy Forum (2008), the equality of citizens in all spheres of life. The constitutional 
Government of Kenya was ranked among the top ten most child guarantees establish a solid foundation for the realization of 
friendly African Governments, mainly for three reasons: first, as a children's rights in the Country, triggering the review and alignment 
result of the Government putting in place appropriate legal of policies and legal frameworks pertaining to children, The second 
provisions to protect children against abuse and exploitation; is the adoption of a new devolved governance structure with the 
secondly, because of its commitment to allocating a relatively potential to ensure a more equitable distribution of power and 
higher share of the National budget to provide for the basic needs resources. Devolution has important ramifications for children's 
of children and thirdly, as a result of the effort and success in services located in the 47 Counties throughout the Country in terms 
achieving relatively favourable wellbeing outcomes as reflected on of available finances, human resources, administrative services and 
children themselves. infrastructure among others. 
According to this report Kenya performed well in other indicators The status report (2009-2013) report looks at the broad status of 
relating to abolition of corporal punishment, the policy for free the economy and child poverty in Kenya and their implications on 
primary education, the existence of an effective child justice the rights of children; the policy, legislative framework and 
system, a National Plan of Action for survival, protection and resources for the realization of the rights of children. 
development of children and the establishment of a Government 
Following these is analysis of the right to survival, the right to 
body for co-ordinating the National Strategy for Children. development, the right to participation and the right to protection 
Nonetheless, how children fare in the Kenya society against the from violence, abuse, neglect and various forms of discrimination. 
National and International human rights legal framework has not 
The economic context is important for ensuring children rights and 
been documented on a regular basis. The first situation analysis their overall wellbeing and prosperity. That Situation analysis 
was undertaken in 1998 and the next was done in 2008, ten years 
(2013) examines the country's economy over the last five years. In 
later. It was implemented and reviewed in 2013. economic terms this span of time was characterized by several 
An analysis is a useful process for the stakeholders in children difficulties due to economic downturn and setbacks due to the 
issues as it provides the opportunity to gauge the extent to which ! global financial crisis plummeting to the lowest level in 2007/2008 
the rights of more than half of the population of Kenya, which fl .J fiscal year. Since then the economy has continued to recover but 
comprises children and young people, have been realized. It is at a relatively slow pace (Kenya National Bureau of Statistics 
usually a very participatory process as it involves partners, service (KNBS) Economic Survey.) 
providers, children and other stakeholders. 
4 5 
The slow revival of economic growth leaves a lasting impact on the CHAPTER THREE: THE NATIONAL. CHILDREN POLICY fOR 
well-being of children through increased malnutrition, morbidity KENYA 
and mortality not to mention other children who may require Introdm::tion 
special care and protection from a wide range of issues such as 
abuse, violence, exploitation, neglect, trafficking, chi!d iabour, and The Government of Kenya recognizes the critical role of children in 
commercial sexual exploitation among others. realizing the aspirations of Kenya Vision 2030 and the Constitution. 
However, the management of children affairs has to undergo a 
In addition, concerns about HIV & AIDS remain high and the rising 
paradigm shift in order to fully contribute in actualizing these 
number of orphans and vulnerable children confirms the ongoing 
aspirations, 
impact of the pandemic on children and their families. 
3.1 Objectives of the policy 
For the period 2003-2009 Kenya had the fastest rate of child 
mortality decline at 7,6 per cent per year amongst 20 countries in The Government is responding with measures to guarantee the 
the East and South African region,This was due to the use of rights and welfare of children in Kenya by creating an environment 
insecticide treated nets for malaria prevention and treatment in in which all children will be safeguarded and protected. 
epidemic prnne areas. The specific objectives of the policy are to: 
Despite this progress, infant mortality rate at 74 per 1000 live 
® provide a framework for addressing issues related to 
births means that Kenya is short of achieving the Millennium children's rights and welfare in a holistic and · focused 
Development Goals target 4 by 2015, manner; 
2.3 Challenges to the realization of children rights and • provide a regulatory framework to co-ordinate the various 
welfare related policies and legislations aimed at promoting children 
Children face many challenges all over the world and in particular rights; 
in developing Countries in Africa. A large dependent population of • provide a comprehensive institutional framework through 
children in the society presents various challenges on how to effective institutions dealing with children issues; 
respond and meet their needs to ensure their growth, development 
and participation. The challenges that Kenya faces is how to • provide direction and purpose in establishing social and child 
provide a safe and secure environment that safeguards the rights protection mechanisms while mobilizing resources for action; 
and special needs of children in order to nurture and grow their • provide criterion for evaluating and monitoring the 
potential, and generally prepare them for adult responsibilities to implementation of various legislations and policies and 
contribute to the development of the Country. It is in response to programmes targeting children; and 
these challenges that the government has developed the children 
policy. • put in place an implementation framework in support of this 
National Children Policy, 
3.2 Guiding Principles 
This policy framework shall be guided by the following principles: 
(ill) Pillrtidpation of Children in the society 
Children are entitled and have 21 duty to participate in the affairs of 
society in line with their evolving capacity, 
6 7 
(b) Community support and care 
The World Health Organization (WHO) defines health as a state of 
Children are entitled to adequate care and assistance of family and complete physical, mental and social wellbeing and not just the 
the state. They are entitled to access all the relevant services to absence of disease or infirmity. Provision for children's health must 
maintain optimum levels of physical, mental and emotional take on board both the curative and preventive measures. This 
wellbeing. calls for provision of antenatal care, safe motherhood, 
(c) Best interests immunization, balanced nutrition, access to health services, safe 
drinking water, sanitation and control and management of 
In all situations the best interests of the child shall be paramount. HIV/A IDS pandemic. 
(d) Dignity, security and freedom from exploitation The overall goal of the health sector policy in Kenya is to "promote 
Children are entitled to live in dignity and respect and free from all and improve the health of all Kenyans through the deliberate 
forms of exploitation, discrimination, abuse and neglect. restructuring of the health sector to make all health services more 
effective, accessible and affordable". 
3.3 Management Policies and Programs for Children 
The Kenya Demographic Health Survey 2008-2009 (KDHS) 
In recognition of the many obstacles standing in the way of full indicated that noticeable reduction in infant and under five 
realization of children's rights and welfare this policy outlines mortality figures have been recorded compared to the rates 
initiatives to be implemented in order to improve the status of reported in the 1998 and 2003 Demographic and Health Surveys. 
children in the Country. This will be achieved through the multi- The trends show that under five mortality rates has declined· by 36 
stakeholder involvement in undertaking the interventions specified per cent from 115 deaths per 1,000 in 2003 to 74 per 1,000 in the 
in the document. 2008-2009 Survey. Infant mortality dropped by 32 per cent from 
Specifically, this policy paper identifies programs aimed at 77 deaths per 1,000 in the 2003 survey to 52 deaths per 1000 in 
improving the lives of children in Kenya at all levels and in all the 2008-09 Survey. 
situations, setting standards for benchmarking and anchoring the This notable decline in childhood mortality gives renewed hope that 
policy to Kenya Vision 2030 as well as implementing it through the if Kenya maintains commitment to the key interventions and 
annual Performance Contracts. programmes and focuses on areas where disparities are highest, 
Further, the policy adopts a cluster approach which brings together she should be able to regain momentum to attain millennium 
the Government, Private sector, Development partners, County development goal No. 4 targets of 64 and 32 per 1000 live births 
Government, CSOs, FBOs, the AACs, the Community and the for under 5 and infant mortality rates, respectively, by 2015. 
Family in advancing the cause of Children. The prevalence of HIV/AIDS is also an important cause of maternal 
3.3.1 Pillar 1: Child Survival and child mortality in Kenya. In 2010, National HIV/AIDS 
prevalence among adolescents and women was 6.2 with some 
The right to health is defined as the enjoyment of the highest 
Counties having infection rates of up to 22 per cent. 
attainable standard of physical and mental health conducive to 
living a life of dignity. Article 24 of the UNCRC clearly states that: Infection among women continues to be a risk for infection among 
"parties recognize the right of the child to the enjoyment of the newborns. The transmission of HIV to babies in Kenya continues to 
highest attainable standard of health and to facilitate for treatment be a problem as some mothers are unaware of their HIV status. In 
of illness and rehabilitation of health". 2012, an estimated 10,300 babies tested HIV positive. This calls for 
scale up of care, treatment and social support to counter the 
8 9 
impact of HIV/ AIDS on children to guarantee life that is in tandem Mental development involves cognitive and psychological reactions 
with Kenya Vision 2030. while moral development involves issues of right and wrong and 
While there has been a significant overall expansion of health the resultant decisions. 
facilities, not many of them offer maternity services. As distance is The right to education has three dimensions namely; 
still a barrier for many women, it is imprntant that more facilities a) The right of access to education: Every child has a right 
offer maternity services. to education on the basis of equality of opportunity and 
Cultural and behavioural factors contribute to low coverage of life- without discrimination on any grounds, To achieve this goal, 
saving maternal health interventions. It may be one of the education must be available for, accessible to and inclusive 
underlying or root causes that hinder the fulfillment of the right to of all children. 
health. For example, tl1e use of a skilled attendant rather than a • b) The right to quality education: The right to quality traditional birth attendant or contraceptive use is influenced by education entitles every child to a quality education that cultural traditions and practices. In some traditional societies, enables him or her fulfill his or her potential, to realize 
"heroic deliveries" done alone at home are regarded as a badge of opportunities for empk:,yment and to develop life skills. To 
honour for women. achieve this goal, education needs to be child-centred, 
Therefore, there is need to increase demand for maternal health relevant, embrace a broad curriculum, and be appropriately 
services through increased sensitivity to cultural and social contexts resourced and monitored. 
well as improving access and quality of maternal and newborn c) The right to respect within the learning community. 
health services. Every child has a right to have his or her inherent dignity 
There is need to enhance evidence-informed behaviour change and universal human rights respected within the education 
communication, increase utilization of HIV services and most system. To achieve this goal, education must be provided in 
importantly, address the underlying gender inequities and drivers a way that is consistent with human rights, including equal 
for high HIV infections among girls and women. respect for every child, opportunities for meaningful 
Urgent efforts are needed to ensure that a far greater number of participation, freedom from all forms of violence, and 
women and men have access to contraception, in particular respect for language, culture and religion. 
condoms. This includes ensuring access to condoms for young Attention will be given to the main factors that prevent children 
people who are sexually active. from attending School. These include poverty and the long 
3.3.2 Pillar 2: Child Development distances to Schools, particularly in rural areas, disability or illness. 
Child Development can be understood from various dimensions Focus ,Nill also be given to rther categories of children including 
namely; Physical, Social, Emotional, Mental and Moral. Physical orphans and children with disabilities who are likely to be more 
development entails a child's physiological growth while social disadvantaged when it comes to attending Primary School and to 
development focuses on child's ability to relate positively with other transitioning to Secondary School. 
people at different stages of life. On the other hand, emotional There is gender bias in social norms and parental attitudes towards 
development pertains to a child's inner feelings and reactions education that will have to be addressed. Some of the reasons for 
towards different situations. low attendance among girls, especially in higher grades, are 
pregnancies, child marriages and gender violence within 
communities and school environments. 
10 11 
In many cases, parents and communities actively hinder girls' full risk from violence at home and abuse committed by persons who 
participation in education due to social, cultural and religious beliefs are known to them or are responsible for their welfare. Social 
and attitudes. norms may explain why some practices remain despite an adequate 
While there has been improvement in access to scl1ool, significant legal framework which prohibits them. 
inequalities in learning outcomes have been found across There is need to address the limited access to birth registration 
between different types of schools. This calls system that leaves many children unregistered, thus creating 
ensure quality and equity. barriers for children's access to other services. Many children have 
Policy makers at National level, County officers and communities to walk long distances to reach health centres, child protection 
County level need to appreciate the importance of Early Childhood centres and child-friendly courts, as they are mainly located in 
Development Education (ECDE) particularly as it is recognized in 
the Basic Education Act Capacities at National and County levels • urban areas. Attention will also be given to the capacity gaps found in the social implement quality ECDE programmes will be strengthened. work force as it presents an important underlying cause of poor 
Attention will also be given to education of out-of-school child protection services. 
adolescents through access to Technical and Vocational Education Inadequate personnel, knowledge and limited infrastructure 
and Training (TIVET) colleges, vocational education among others. hamper the ability of this important group to provide the services 
Focus will also be given to other rights, such as access to sexual to children and families in need. 
and reproductive health, HIV prevention, treatment and care 
services. There is still a low number of children's officers (mainly in the Sub-
Counties) and a lack of back-up of qualified social workers. 
Additionally, there is need to fast-track establishment of Education Currently, there are no minimum standards for an officer working 
Standards and Quality Assurance Council (ESQUAC) which will with children regarding experience and education. 
ensure consistency of standards and high quality education. 
Priority will be given to the establishment of a child protection 
3.3.3 Pillar 3: Child Protection system. This is about adopting an effective multi-agency, multi-
All children have a right to be protected from any harm that may disciplinary approach to ensure that children are safe, their 
interfere with their growth and development. The protection rights development needs are met and families supported to bring up 
are realized through actions that ensure children are protected their children. 
against drugs and substance abuse, child labour, child trafficking, The mapping and assessment of the existing components of the 
sexual abuse, exploitation and neglect. They should also be child protection system in 2010 revealed that Kenya has a 
protected against the negative impact of Information foundation to build on. The devolution anchored in the 
Communication Technology (ICT), the media, retrogressive cultural Constitution,2010 represents a good opportunity for strengthening 
practices and harm by care givers. Children in conflict with the law, the child protection system. 
orphaned, abandoned, internally displaced and refugee children 
require special protection. 3.3.4 Pillar 4: Child Participation 
Attention will be given to beliefs and behaviours shaped by social The recognition that Children are rights holders is central to the 
norms and lack of awareness of children's rights that leads to cases philosophy of the UNCRC and the African Charter. Children are not 
abuse and violent acts against children which may go unreported merely passive recipients of adult care and protection but rather 
and/or ignored. In many cases such acts are not considered are social actors entitled to contribute to the exercise of their rights 
unlawful by the victim or perpetrator. In fact, children are most at and to participate in decisions that affect them. Parents and other 
12 13 
adoption of the child participatory practice~. Good interplay 
care givers have a right and responsibility to provide direction and between policy-makers, the media and like-_mmded stakeholders 
guidance to the children in a manner consistent with the evolving has not been fully exploited. The information n~~u1red for the 
capacities of the child. familiarization of the content regarding child_ pa_rt_1c1pat1on to the 
Taking children's views and experiences into account within the community has only been availed to a few md1v1duals, who are 
family, at School and other settings helps develop children's directly dealing with the target groups, and has no~ yet re~ched 
esteem, cognitive abilities, social skills and respect for others. everyone. More awareness campaigns on. child rights , will be 
Through participation children acquire skills, build competence and employed through the media and Area Advisory Councils (AACs) 
gain confidence. This contributes to personal development. Based for their appropriate adoption. 
on evolving capacities, children have a unique body of knowledge There is lack of coordination between Government agencies that 
about their lives, needs and Concerns, together with ideas and are implementing children's participation policies and_ prog_rammes. 
views derived from direct experience. This will have to be addressed if meaningful part1c1pat1on 1s to 
The need to create an enabling environment for meaningful succeed. 
participation draws attention to factors underpinning empowerment This would involve creating clear framework for co-ordination of 
of children including important dimensions such as having access to activities/initiatives erected by the Government and those of non-
decision-makers, information, and being able to make informed state actors, for example, where the Non-State Actors run parallel 
choices. programmes to those of Government. 
To promote child participation, the policy will focus on the 
development of a National programme to enhance the "voice' of 
children, adolescents and youth". This would involve strengthening 
existing efforts by Government, NGOs and CSOs to ensure that 
genuine and meaningful participation is fostered and exercised by 
children. 
This includes children-led initiatives, such as the Children's 
Assembly, School-based Pupil Councils in schools, Co-Curricular 
Activities, the celebration of Children's Achievements, and School 
Clubs. 
Although efforts such as the Children Assemblies and the Youth 
Parliament are in place, they are not operating for optimal results. 
These forums will be revamped while at the same time ensuring 
involvement of as many Children and Youth as possible from 
different regions across the Country. 
There is also a need to link the Children Assembly structures and 
discussions to the existing County Legislations and Development 
Agenda. 
The scarcity of data and lack of structured information and 
dissemination mechanisms has derailed implementation and 
15 
14 
CHAPTER FOUR - IMPLEMENTATION, MONITORING AND 
EVALUATION FRAMEWORK • Seek to collaborate with the county governments to entrench 
children matters in the county plans, programs and projects 
4.1 lntroduction 
• Advocate for the establishment of office of Ombudsman for 
Th~ primar~ responsibility for implementation of the National Children to deal with complains by or on behalf of the children 
Children Policy (NCP) and ensuring that rights of children are • Collaborate in social budgeting initiatives to ensure adequate 
realized res~s on th~ Government through line ministries. The resources from partners, central government and devolved 
Imple_mentat,on, Mon,~onng and Evaluation Framework will be funds while guaranteeing that they are also spent on the 
coordinated by the National Council for Children's services (NCCS). marginalized, vulnerable and disadvantaged groups especially 
Established under Section 30 of the Children Act 2001 NCCS · the Children with Disabilities (CWDs) 
mand~ted _to  e~ercise general supervision and control' over th'! • Strengthen coordination, corporation and collaboration with 
planning, f1nanc1ng and coordination of children rights and welfare CSOs in the implementation of National Children Policy. 
The NCCS, which is a body corporate, works with partne~ 
sta~eholders b?th International and Local through the Area • Coordinate with all stakeholders in planning and budgeting to 
Advisory Councils (AACs) establi~hed at county and Sub-County leverage resources for the Policy implementation 
levels._ The Department of Children's Services (DCS) is the • Strengthen systems of data collection, management for 
operational arm of the Nees. purposes of generating disaggregated data to assess progress 
4.1.1 Capacity of implementation of National Children Policy. 
The C~u_nci! is made up of 21 members as follows, eight (8) from • Ensure constant documentation and update in regard to 
line m,rns~n~s, t~ree (3) from Faith Based Organizations, six (6) resources for children for non-governmental actors 
from the c1v1I soc,ety and two (2) from the Private Sector. • Engage all non-governmental actors and other leaders 
The President appoints the Chairperson while the Cabinet secretary including parliamentarians in promotion of children rights 
in_ charge of C~1ldre~ Services appoints the Council members. The • Conduct regular national surveys for input in the review of 
D1r~~tor for Children s Services is the Secretary to the Council and National Children Policy. 
facilitates the setting up of the Secretariat. 
4.2 Institutional Arrangement for the Implementation of 
4.1.2 Management of the National Children Policy National Children Policy 
Th~ ove~all guidance of the implementation of National Children The implementation of the NCP will involve multi-agency and multi-
Pol!cy will res~ on the Ministry responsible for Children Services disciplinary approach by various stakeholders as explained here 
while, NCCS will focus on the following: below:-
• !"lobilize adequate human and financial resources for the • Service delivery to the children will be done by every duty 
implementation of NCP. bearer as articulated in their mandates 
• Strengthen ~artnerships with CSOs, Development partners and • NCCS will coordinate the implementation, monitoring and 
NGOs to achieve the expected outcomes and outputs evaluation of children related interventions at all levels 
• Strengthen its work through AACs and other devolved • NCCS will provide space for children and other stakeholders' 
structures participation in the planning, implementation, monitoring 
and evaluation of NCP. 
16 17 
• AACS will be the mechanisms for providing feedback on the • Monitoring and Reporting on status of the NCP 
effectiveness of interventions through regular periodic implementation is done by all stakeholders 
reports 
• Steps are taken to guarantee budgeting for children 
• The Ministry in charge of children services will establish a programmes in annual national budget. 
network of non-governmental actors to ensure information 4.4 Key Factors in Policy Implementation 
sharing of good practices on the implementation of the NCP. 
Awareness Creation and Advocacy 
4.3 Monitoring and Evaluation of NCP 
For effective implementation of this policy, there will be the need to 
Monitoring an~ ~valuation of the National Children policy will be create awareness by undertaking advocacy through:-
und~rta_ken w1th1n the framework of the National Integrated • Deliberate targeting of information to and about children 
Mon~tonng and Evaluation System (NIMES). The framework will 
provide for. regular consultation and feedback between agencies • • Sensitize po/icy/Decision makers and stakeholders entrusted with the implementation of the policy. • Create alliances with stakeholders championing the interests 
To monitor and evaluate the implementation of the NCP, NCCS will of children at the Local, National, Regional and Global levels 
ensure that: • Disseminate Research and Information relating to the 
situation of Children 
• A suitable monitoring mechanism is established at the 
National, County and other Devolved Levels to assess • Undertake capacity building initiatives to enable the effective 
progress towards achieving expected NCP's outputs and implementation of the policy. 
targets 4.5 Collaboration on Implementation of the National 
Children Policy 
• A_ comprehensive system is set up to collect and analyzes 
disaggregated data by Region, County, Sub-County, Gender, The effective implementation of this policy will require contributions 
A~e, Culture, Social-economic grouping, Special needs and from stakeholders such as the private sector, development 
Circumstances. partners, Civil Society Organizations; Faith Based ?rganizations, 
Research Institutions and Institutions of Higher Learning as well as 
• An inter-agency standing committee or task force to monitor Children and Child Led Organizations. 
the implementation of the NCP is put in place 
4.5.1 Private Sector 
• Effo~~ are_ made to strengthen collection and analysis of The Private Sector will be expected to deploy financial and material 
adm1nistrat1ve data on child focused measurable indicators resources including technical expertise in support of children by 
to track the achievement of expected outcomes, outputs and 
targets. Government through tax legislation, review or voluntary 
contribution Children programmes and projects. 
• c_apacity building for data collection and generation by 4.5.2 Research Institutions and Institutions of Higher 
different stakeholders is enhanced learning 
• A monitoring_ and evaluation link between NCP, Vision 2030, These institutions will be engaged to develop tailor made courses 
MTP, Strategic Plans and County Plans are established and curriculum at certificate, diploma and degree level under the 
• Periodic reviews are conducted at National, County and Social Sciences with specialization on Child Rights. They will also 
Programme levels to address constraints hampering the be engaged in research on diverse children issues. 
implementation of the NCP. 
18 19 
4.5.3 Civil Society, Faith based, m:m-governmental, 
philanthropic and community based groups 
These organizations and groups will be expected to provide the 
critical localized and targeted support to children as identified by 
the Area Advisory Councils, Children Officers and other authorized 
persons. 
4.5.4 Development Partners 
The Government shall strengthen collaboration and establish 
networks with local and International Development partners to 
complement and support its efforts in financing and implementing 
the National Children Policy. Partners shall include local and 
international NGOs, and agencies, donor agencies, Civil Society 
Organizations and faith based groups. 
4.5.5 The Role of Children and the Community 
Community structures and organizations need to be strengthened 
to mobilize local resources, expertise and experience in support of 
children, within the local environment. Children will work for the 
cohesion of the family, preserve and strengthen positive cultural 
values in the community. 
4.6 Policy review 
The National Children Policy shall be due for review every 5 years. 
The policy shall also be considered for change when societal needs 
and demands concerning the rights and welfare of children occur. 
20