UNIVERSITY OF NAIROBI

PARKLANDS LAW CAMPUS

NAME:

RUTH WAMUYU MUHIU

REG NO:

G34/39420/2011

COURSE NAME:

PUBLIC INTEREST

COURSE CODE:

GPR 419

DATE:

18TH MAY, 2016

Contents
CHAPTER ONE............................................................................................................. 4

1.1

INTRODUCTION.............................................................................................. 4

In-group and out-group............................................................................................. 5

CHAPTER TWO............................................................................................................ 8
2.1 THE ORGANIZATION OF PLACEMENT.................................................................8
2.1.1: ORGANIZATIONS MISSION AND VISION..........................................................9
Vision................................................................................................................... 9
Mission................................................................................................................. 9
To assist children in need while achieving positive change through initiatives that
empower families and respect for children rights.......................................................9
Values................................................................................................................... 9
2.2

OBJECTIVES OF THE PUBLIC INTEREST....................................................10

2.3 RATIONALE LEADING TO THE ESTABLISHMENT OF MALEZI REHABILITATION

CENTER................................................................................................................. 11
CHAPTER THREE....................................................................................................... 13
OBSERVATIONS ON DRUGS AND DRUGS ABUSE.......................................................13
A CASE OF MALEZI REHABILITATION CENTRE........................................................13
3.1

Factors that push and pull children to the streets...........................................13

3.1.1

Problems within families........................................................................13

3.1.2

Problem at school.................................................................................. 14

3.2

Some factors that pull and maintain children in the streets........................14

3.3

PREVENTION OF TEENAGERS FROM DRUG USE...........................................15

3.4

SIGNS OF DRUG ABUSE................................................................................ 16

3.5

TREATMENT.................................................................................................. 17

CHAPTER FOUR......................................................................................................... 19
4.0 CHALLENGES AND RECOMMENDATIONS..........................................................19
4.1

Handouts to street children.........................................................................19

4.2

Donor Influence........................................................................................... 20

Recommendations.................................................................................................... 20
4.3

Mistrust and lack of collaboration................................................................20

CHAPTER FIVE........................................................................................................... 22
5.1

LEARNED EXPERIENCES..............................................................................22

5.2

RECCOMENDATIONS ON HOW TO IMPROVE THE ATTACHMENT PROGRAM...22

CHAPTER SIX............................................................................................................ 23
LEGAL AND INSTITUTIONAL FRAMEWORK.................................................................23
6.1

THE CONSTITUTION OF KENYA 2010............................................................23

6.2

THE [PENAL CODE (Cap.63 Laws of Kenya)..................................................23

Age of Criminal Responsibility............................................................................24

6.3

The Evidence Act (Cap 80, Laws of Kenya)..................................................24

6.4

Matrimonial Causes Act (Cap 152, Laws of Kenya)......................................25

6.5

Subordinate Courts (Separation and Maintenance) Act...............................25

6.6

Employment Act (Cap 226, Laws of Kenya).................................................26

6.7

The Children Act (Cap. 586, Laws of Kenya)................................................26

PART I: INTERPRETATION.................................................................................... 26
PART II: SAFEGUARDS FOR THE RIGHTS AND WELFARE OF CHILDREN...............26
6.8

UNDERLYING PRINCIPLES.............................................................................28

PART III: PARENTAL RESPONSIBILITY...................................................................29

PART IV: ADMINISTRATION OF CHILDRENS SERVICES........................................29
PART V: CHILDRENS INSTITUTIONS....................................................................29
PART VI: CHILDRENS COURT.............................................................................. 30
PART VIII: CUSTODY AND MAINTENANCE............................................................30
FACTORS TO BE CONSIDERED IN MAKING AN ORDER........................................30
PART X: JUDICIAL ORDERS FOR THE PROTECTION OF CHILDREN........................31
PART XII: FOSTER CARE PLACEMENT..................................................................32
PART XIII: ADOPTION.......................................................................................... 32
PART XIV: CHILD OFFENDERS.............................................................................32
CONCLUSION............................................................................................................ 33
REFERENCES............................................................................................................ 34

CHAPTER ONE
1.1INTRODUCTION

Children's rights are the human rights of children with particular attention to the rights of
special protection and care afforded to minors (CRC) convention on rights of a child of 1989

defines a child as any human person who has not reached the age of eighteen years. Children's
rights includes their right to association with parents and human identity as well as the basic
needs for physical protection, food, universal state-paid education, health care, and criminal laws
appropriate for the age and development of the child, equal protection of the child's

civil rights, and discrimination on the basis of the race ,gender ,sexual orientation,,
gender ,identity ,national orientation, origin, religion ,disability, color ,ethnicity or other
characteristics. Interpretations of children's rights range from allowing children the
capacity for autonomous action to the enforcement of children being physically, mentally
and emotionally free from abuse, though what constitutes "abuse" is a matter of debate.
Other definitions include the rights to care and nurturing

"A child is any human being below the age of eighteen years, unless under the law applicable to
the child. There are no definitions of other terms used to describe young people such as
adolescents ", "teenagers, or youth in international law but the children's rights movement is
considered distinct from the youth rights movement.
Morality (From the Latin word moralitas "manner, character, proper behavior") is the
differentiation of intentions, decisions and action between those that are distinguished as proper
and those that are improper. Morality can be a body of standards or principles derived from a
code of conduct a particular, philosophy or culture , or it can derive from a standard that a person
believes should be universal .Morality may also be specifically associated with "goodness" or
"rightness."

In-group and out-group

Some observers hold that individuals apply distinct sets of moral rules to people depending on
their membership of an in group (the individual and those they believe to be of the same culture
or race) or an "out-group" (people not entitled to be treated according to the same rules). Some

biologists, anthropologists and evolutional psychologists believe this in-group/out-group

discrimination has evolved because it enhances group survival. This belief has been confirmed
by simple computational models of evolution. In simulations this discrimination can result in
both unexpected cooperation towards the in-group and irrational hostility towards the out-group.
This has erroneously led to the voluntary teens in engaging in drugs without duress or plausible
force just to fit in and some sacrifice their molarity voluntarily as not much of it is seen and
developed in their environs society and homes and they find themselves engaging in drugs and
other problems to escape it all.Tito for example is only 15 years of age was introduced to drugs
by his elder brother tivosteve who is 17 years old and they are from a medium class family
but the dad is a drunkard and the mum ended up being a prostitute to support the children and
tito felt he could only fit in with the brother and for him to be part of the in group he had to take
drugs and be cool with them.
Child abuse or child maltreatment is physical sexual or psychological mistreatment or neglect
of child or children, especially by a parent or other caregiver. It may include any act or failure to
act by a parent or other caregiver that results in actual or potential harm to a child, and can occur
in a child's home, or in the organizations, schools or communities the child interacts with. The
terms child abuse and child maltreatment are often used interchangeably, but some researchers
make a distinction between them, treating child maltreatment as a term to cover neglect,
exploitation and trafficking.
Preventing child abuse is considered a high priority in the western countries, and detailed laws
and policies exist to address this issue. Different jurisdictions have developed their own
definitions of what constitutes child abuse for the purposes of removing a child from his/her
family and/or prosecuting a criminal charge. Rehabilitation describes specialized healthcare
dedicated to improving, maintaining or restoring physical strength, cognition and mobility with
maximized results. Typically, rehabilitation helps people gain greater independence after illness,
injury or surgery. Rehabilitation can also be explained as the process of helping an individual
achieve the highest level of function, independence, and quality of life possible. Rehabilitation
does not reverse or undo the damage caused by disease or trauma, but rather helps restore the
individual to optimal health, functioning, and well-being.

Rehabilitation describes specialized healthcare dedicated to improving, maintaining or restoring

physical strength, cognition and mobility with maximized results. Typically, rehabilitation helps
people gain greater independence after illness, injury or surgery. Rehabilitation can also be
explained as the process of helping an individual achieve the highest level of function,
independence, and quality of life possible. Rehabilitation does not reverse or undo the damage
caused by disease or trauma, but rather helps restore the individual to optimal health,
functioning, and well-being. Drug rehabilitation medical or psychotherapeutic treatment for
dependency on psychoactive substances such as alcohol, prescription drugs, and street drugs
The term emotional trauma was once associated only with men who had lived through the
ravages of war. In more recent years, the term has been expanded to include women and children
and the detrimental effects of stressful events which lead to physical and/or emotional damage.
Sexual or physical abuse and childhood neglect are common sources of emotional trauma which
come to light when a person enters a drug rehab program.
Actually, emotional trauma can result from any number of significant and disturbing life
experiences. Things like loss of a job, the death of a loved one, a life-altering health challenge or
a catastrophic event such as natural disaster, an automobile crash, or an experience of violent
crime can each be the source of emotional trauma.
It is not necessary that the person undergo any sort of physical harm for the event to produce
negative emotional repercussions. Because of this, it is possible for a person to be unaware of the
emotional trauma they are actually experiencing. Yet, even though they may be unaware of their
trauma, it can lead them into substance addictions with drugs and/or alcohol.
Studies have shown that while the population at large experiences physical abuse at a rate of 8.4
percent, the rates of such abuse among alcoholics is far higher. Men who abuse alcohol report a
24 percent rate of physical abuse and 33 percent of women who are alcohol dependent were
physically abused. Similar ratios are evident for sexual abuse with the general population
experiencing a six percent rate of abuse while 12 percent of alcohol-addicted men and 49 percent
of addicted women have been sexually abused.

One study showed that kids who were directly exposed to the events of 9/11 developed a similar
pattern and the greater the exposure to those terrifying events, the greater the childs likelihood
of developing a substance addiction. Children who had three or more exposures to events were as
much as 19 times more apt to become substance dependent.
Nevertheless, many who enroll in a drug rehab program discover that underneath or behind their
substance abuse problem lays an emotionally traumatizing life event. The emotional trauma
needs to be addressed as directly as the substance abuse. Treating a substance addiction and an
emotional condition as part of drug rehab is referred to as dual diagnosis.
The persons trauma may be an incident in their distant past but one which yet reaches forward to
impact their life and behavior today. Though the emotional trauma behind substance addiction is
unique to each person, there are some common themes.
1. The person did not anticipate the event
2. The person felt unprepared for the occurrence
3. The person felt powerless to prevent the situation
Experts point out that because it is not the event itself, but how the person perceives the event,
any significant occurrence could lead to emotional trauma, and what may produce trauma in one
individual may not do so in another. Still, being human means that no one is invulnerable to
emotional trauma and therefore it is foolish to stigmatize anyone seeking help for a condition for
which all of us are at risk. Drug rehab facilities which are competent in treating the dual
diagnosis of substance abuse and an emotional trauma will provide the strongest hope for
recovery.

CHAPTER TWO

2.1 THE ORGANIZATION OF PLACEMENT

The attachment took place at Malezi Rehabilitation and Rescue Centre in Kiambu County. The
Rehabilitation Centre is a non-governmental organization registered under the Ministry of Social
Security and Services1. The Organization assists vulnerable children and families through
integrated development initiatives. It further facilitates the rehabilitation of street children, and
other abused or neglected children, by encouraging close links between community and the
child, fosters campaigns against child neglect and child abuse. Multifaceted activities combine
child rehabilitation centers with community development initiatives such as:
a. Community Health clinics both preventive and curative services.
b. Training in home based income generating activities.
c. Sports facilities in identifying and nurturing talents among the youths and children.
d. Advocacy campaigns on Family health and HIV/AIDS, children rights, domestic violence and
substance abuse among the youths.
e. Bio- intensive farming activities targeting vulnerable families.
f. Vocational training and formation of associations for youths and children.

To ensure positive development and transformation among key beneficiaries in the society,
Malezi rehabilitation Centre employs a participatory approach in carrying out its activities as
envisioned in its strategic plan. This Centre is a growing active player in dealing with matters
affecting children, youth and families on harmful drug addiction, counseling, rescue
interventions, advocacy on child rights, and provision of residential care to vulnerable children,
vocational training and education. Despite these projects posting impressive results in rescuing
and improving childrens welfare and family livelihoods, there is an increasing trend of
vulnerable and unaccompanied children on the streets of Nairobi, Thika, Kikuyu and the
environs. Increasing unemployment among the youth, breakdown of societal ethos, and an
increase of landless families (many being victims of PEV) with the economic meltdown has
greatly contributed to high poverty levels among most households.

1 Previously Ministry of gender Children and Social development

Malezi Rehabilitation Centres external environment has continued to change drastically.

Changes in the political arena owing to the new Constitution dispensation, economic meltdown
that has occasioned rise in the cost of living, social, cultural and technological changes may
affect the smooth running of projects. This means new opportunities and challenges have
surfaced which are; Political, Economic, Sociocultural, technological and legislation within the
County assembly.
This Centre is continuously making changes to enable it harness its acknowledged strengths
around identified opportunities in order to address its weaknesses and minimize associated
threats to its development, and contribution to the society in general.
2.1.1: ORGANIZATIONS MISSION AND VISION
Vision

A society where children are enjoying their basic rights and leading a dignified life.
Mission
To assist children in need while achieving positive change through initiatives that
empower families and respect for children rights.
Values

The CORE VALUES of this Centre as envisioned in their strategic plan are:

Commitment to Needy Children.

Thy value and serve needy children, to relieve their suffering and to promote the transformation
of their lives through respect and love. Thy use long term interventions that nurture vulnerable
children to grow up as responsible Kenyan adults.

Partnership.

They accept the obligation of joint participation, shared goals and mutual accountability and
affirm our interdependence and their willingness to yield autonomy as necessary for the common
good. We are partners with the poor and with donors in a shared responsibity. They maintain a

cooperative stance and a spirit of oneness toward other humanitarian organizations and are
willing to receive and consider honest feedback about their work.

Responsiveness.

They are responsive to life threatening emergencies where their involvement is needed and
appropriate. They are willing to take intelligent risks and act quickly.

Caring.

Thy endeavour to care for and support vulnerable children at our Centre and ensure their basic
needs are well catered for.

Transparency and Accountability.

Thy carry out our operations transparently and there is value for money on project activities that
can be easily confirmed. We are open in all our transactions and accountable for our expenditures
and results.

Respect for People.

We respect the rights of all people directly or indirectly working with us irrespective of their
ethnicity, religion, race and gender.
2.2 OBJECTIVES OF THE PUBLIC INTEREST
The attachment was carried out with the intention of fulfilling the following objectives

To integrate theory and sociological issues to real practical experiences in the world of
work

To gain experiences of the work discipline and develop abilities of skills and discipline in
the work place.

2.3RATIONALE LEADING TO THE ESTABLISHMENT OF MALEZI REHABILITATION

CENTER

Drug and substance abuse has terrible consequences that include death and permanent disability
which has become a cause of concern. If the concerns are not quickly addressed there is a
possibility in increased drug related deaths, School dropout, increased crime rates, prostitution
and more businesses and institutions will be closed down as no one will be willing to invest
where their services will not create development economically both to the supplier and
consumer, several school have been closed in central part of Kenya as a result of drug abuse by
the youths.
Despite the seriousness of the problem, social scientists and researchers are working hard round
the clock to ensure that children are protected from this serious problem of Drug and substance
abuse. This is mainly because the reasons cited by the victims and perpetrators are as diverse as
their own culture. Similarly, the reasons cited by the researchers are as diverse in their fields of
study.
In Nairobi, the countrys capital, 250,000 people have no roof over their heads. Of this mass of
people ravaged by poverty, war and globalization, it is the children who have to struggle most.
Some are sent out by their impoverished parents to work or to beg. Others have lost their families
through war or illness, and some have simply been abandoned because they have become too
much of a burden. These street children scrabble to maintain the most basic form of existence.
They polish shoes, wash windscreens, pick pockets and beg. Most of them take drugs when they
can, are malnourished and are sick. In Nairobi, the countrys capital, 250,000 people have no
roof over their heads. Of this mass of people ravaged by poverty, war and globalisation, it is the
children who have to struggle most. Some are sent out by their impoverished parents to work or
to beg. Others have lost their families through war or illness, and some have simply been
abandoned because they have become too much of a burden. These street children scrabble to
maintain the most basic form of existence. They polish shoes, wash windscreens, pick pockets
and beg. Most of them take drugs when they can, are malnourished and are sick.
The rescue and rehabilitation of street children is not easy. The very nature of their desperate
existence has played a significant role in shaping their characters. They tend to be strongly
independent. They wouldnt survive on the streets if they werent. Re-socialising these young
people can be a tough task. Attempts to lead them too rapidly into a new environment which
involves social constraints and different patterns of behaviour can lead to failure. They find a

return to the streets more attractive than a difficult integration into a society that is foreign to
them.
A tolerant step by step approach is essential. And gradually, as the children are relieved of the
day to day pressures of managing their own survival, they become increasingly keen to learn and
take part in social activities.

CHAPTER THREE

OBSERVATIONS ON DRUGS AND DRUGS ABUSE

A CASE OF MALEZI REHABILITATION CENTRE
3.1Factors that push and pull children to the streets

During my daily interaction with the kids and youths at Malezi Rehabilitation Centres, several
factors were prominently evident as to why most of them ended up in the streets or being
addicted to drug abuse.
3.1.1 Problems within families

Parents separated: at times children are forced to live under very harsh conditions.
Parents staying together but with misunderstandings: causes instability to children.
Widowed man/ women leads to change of living conditions after the death of one parent
Stepparent: some step parents mistreat children forcing them to run away
Orphaned: some children are forced to find how to make their own ends meet due to loss of both
parents.
Child born out of wedlock: not accepted by some families.
Placed away: at times we place our children to live with our relatives against their wish.
Very poor families: There are families where children must go out to fend for food and some end
up in the streets.
3.1.2 Problem at school

School fees: This is mostly with secondary school cases (age 14 18)
Corporal Punishment: Not so common currently but is still a problem in some schools
3.2Some factors that pull and maintain children in the streets

1. Handouts (free food, clothing, money, etc)

2. Availability of drugs and easy access to them
3. To some extent the services provided by organizations handling children (some children
get attracted)
4. Peer influence
Drugs commonly used by street children
1. Leather glue
2. Petrol and diesel
3. Ciggarets
4. Bhang
5. Kuber (tobacco)
Problems faced by street children in within this region and in Kenya in General:

1. Road accidents
2. Harassments by security officers
3. Criminalization
4. Communicable diseases including, Malaria and dental problems.
5. Fire accidents and others caused by sharp objects.
6. Highly exposed to HIV Aids due to sexual abuses.
7. Used to fulfill cultural practices eg wife inheritance.

There are many reasons why teens might use drugs. Some common reasons include:

To fit in. Social status is very important to teens. Your teen may do drugs in an attempt to
fit in with friends or impress a new group of kids.

To be social. Some teens use drugs because it lowers their inhibitions and makes them
more comfortable socially.

To deal with life changes. Change is not easy for anyone. Some teens turn to drugs to
deal with situations such as moving, starting at a new school, puberty, or going through
their parents' divorce.

To ease pain and anxiety. Teens may use drugs to deal with problems with family,
friends, school, mental health, or self-esteem.

3.3PREVENTION OF TEENAGERS FROM DRUG USE

Stay involved. Build a strong relationship with the teenager and show support for his or
her interests.

Be a good role model. Your own behaviors send a direct message to the teenager whether
you know it or not. DO NOT use drugs, and use prescription medicines only as directed.
If you drink alcohol, do so in moderation.

Meet and get to know the teenagers friends. If possible, meet their parents too.
Encourage your teenager to invite friends over so you can get to know them better. If you
think a friend is a bad influence, do not hesitate to step in or encourage your child to
make other friends.

Set clear rules for the teenager about drug use. This may include not riding in a car
with kids who have been doing drugs and not staying at a party where anyone is doing
drugs.

Know what the adolescent is doing. Teens who are unsupervised are more likely to
experiment with drugs. Keep tabs on where the teen is and who he or she is with. Ask
your teen to check in with you at certain times of the day, such as after school or while at
school.

Encourage healthy activities. Hobbies, clubs, sports, and part-time jobs are all great
ways to keep teens busy. By staying active, this teen will have less time to get involved
with drug use.

3.4SIGNS OF DRUG ABUSE

There are many physical and behavioral signs that point to drug use. The signs include:

Slow or slurred speech (from using downers and depressants)

Rapid, explosive speech (from using uppers)

Bloodshot eyes

Cough that does not go away

Unusual odor on breath (from using inhalant drugs)

Pupils that are extremely big (dilated) or extremely small (pinpoint)

Rapid eye motion (nystagmus), a possible sign of PCP use

Loss of appetite (occurs with amphetamine, methamphetamine, or cocaine use)

Increased appetite (with marijuana use)

Unsteady gait

There may be changes in energy level, such as:

Sluggishness, listlessness, or constant sleeping (from using opiate drugs, such as heroin
or codeine, or when coming down off stimulant drugs)

Hyperactivity (as seen with uppers such as cocaine and methamphetamine)

Poor grades in school and missing more school days

Not taking part in usual activities

Change in group of friends

Secretive activities

Lying or stealing

3.5TREATMENT

A number of treatments are available to victims of child abuse. However, children who
experience childhood trauma do not heal from abuse easily . There are focused cognitive
behavioral therapy, first developed to treat sexually abused children, is now used for victims of
any kind of trauma. It targets trauma-related symptoms in children including (PTSD) posttraumatic stress disorder clinical depression and anxiety. It also includes a component for nonoffending parents. Several studies have found that sexually abused children undergoing TF-CBT
improved more than children undergoing certain other therapies. Data on the effects of TF-CBT
for children who experienced only non-sexual abuse was not available as of 2006.The purpose of
dealing with the thoughts and feelings associated with the trauma is to deal with nightmares,
flashbacks and other intrusive experiences that might be spontaneously brought on by any
number of discriminative stimuli in the environment or in the individuals brain. This would aid
the individual in becoming less fearful of specific stimuli that would arouse debilitating fear,
anger, sadness or other negative emotion. In other words, the individual would have some control

or mastery over those emotions. Abuse-focused cognitive behavioral therapy was designed for
children who have experienced physical abuse. It targets externalizing behaviors and strengthens
prosaically behaviors. Offending parents are included in the treatment, to improve parenting
skills/practices. It is supported by one randomized study.
Rational Cognitive Emotive Behavior Therapy consists of ten distinct but interdependent steps.
These steps fall into one of three theoretical orientations (i.e., rational or solution focused,
cognitive emotive, and behavioral) and are intended to provide abused children and their
adoptive parents with positive behavior change, corrective interpersonal skills, and greater
control over themselves and their relationships. They are:
1)
2)
3)
4)
5)

determining and normalizing thinking and behaving

evaluating language,
shifting attention away from problem talk
describing times when the attachment problem isn't happening,
focusing on how family members "successfully" solve problematic attachment

6)

behavior;
acknowledging "unpleasant emotions" (i.e., angry, sad, scared) underlying

negative interactional patterns,

7) identifying antecedents (controlling conditions) and associated negative cognitive
emotive connections in behavior (reciprocal role of thought and emotion in
behavioral causation),
8) encouraging previously abused children to experience or "own" negative
9)

thoughts and associated aversive emotional feelings,

modeling and rewarding positive behavior change (with themselves and in

relationships),
10) Encouraging and rewarding thinking and behaving differently. This type of
therapy shifts victims thoughts away from the bad and changes their behavior.
Parent child interaction therapy -designed to improve the child-parent relationship following the
experience of domestic violence. It targets trauma-related symptoms in infants, toddlers, and
preschoolers, including PTSD, aggression, defiance, and anxiety. It is supported by two studies
of one sample.

Other forms of treatment include group therapy, play therapy, and art therapy. Each of these
types of treatment can be used to better assist the client, depending on the form of abuse they
have experienced. Play therapy and art therapy are ways to get children more comfortable with
therapy by working on something that they enjoy (coloring, drawing, painting, etc.). The design
of a child's artwork can be a symbolic representation of what they are feeling, relationships with
friends or family, and more. Being able to discuss and analyze a child's artwork can allow a
professional to get a better insight of the child.

CHAPTER FOUR
4.0 CHALLENGES AND RECOMMENDATIONS

Some of the challenges faced by the rehabilitation institutions in Kenya while pulling street kids
from the streets and integrating them into the mainstream society are:
4.1Handouts to street children

The Current Situation

The giving out of foodstuffs and money is realized to be attracting more children to
the streets, but some individuals apparently find it difficult to refuse a hungry child
or to tell him or her to go to an institution instead. Since there are genuine concerns
about how some of these institutions are run or what they in fact accomplish, it may
not be surprising that street-children prefer the streets where they think they have
certain advantages, such as supposed freedom and ready cash.

Recommendations
Members of the public should be discouraged from giving money, food, and other handouts to
street children. Instead, organizations in this field should explore the most effective way of
providing these givers with alternatives, while at the same time exploiting the desire to give, so
that the total amount available for street children and those at risk of going to the streets is
increased.
The fact that members of the public respond to the presence of children on the streets in a variety
of ways, some of which actually do more harm than good, shows that there may be a source of
local funding here that is not being adequately tapped. To that extent, street-children
organizations need to explore this possibility for increased local funding, and not rely almost
exclusively on foreign funds.

4.2Donor Influence

The Current Situation

The current situation seems to be that donors often come up with new ideas they
want implementing organizations to put into practice at very short notice. Perhaps
there has been a change in the donor country itself that puts the funding agency
under pressure to urge implementing organizations to reflect a similar change.
Since many implementing organizations do not have a clear vision or objectives on
which their choice of strategies and specific interventions can be shown to rest, this
leaves the way open for the donors to insist on compliance.
Recommendations

1. An organization should examine itself to know what its particular strengths are. This will
enable agencies to learn from each other, make use of comparative advantages to streamline
their operations, and also share information and other resources where possible.

2.

It is equally important, in this regard, that organizations have specific policies regarding how

they interact with other organizations and programmes that are also involved in the work.
3. Good working relationships between private-sector and public-sector organizations is very
essential.
4. Donors should also co-ordinate their own activities and support organizations that work well
together.

4.3Mistrust and lack of collaboration

The biggest problem is the lack of trust and the unwillingness to work together so
that they can learn from each other. Many are trying to do everything, rather than
settling on what each can do best, leaving the rest to others, and even helping them
where possible. Where in addition there is absence of clear vision and objectives, a
very bad situation results where one child and his or her family is being supported
by 3 or more organizations and non of them is aware of the scenario and many
others do not get the help they need making conditions in society worse and worse.

The current situation is that most organizations offering services to street-children or children
and youth at risk do not have policies, or if they have them, they only developed them when they
absolutely had to. This is presumably because there is considerable fear instilled among
organizations by the very word `policy itself.
Policy simply means thinking about problems in advance, and how the organization will want to
handle them rather than thinking under pressure to decide or act quickly. So there is no need to
be terrified about policy.
Recommendation
1. Collaboration also makes it possible for the government to delegate authority for the
handling of specific tasks (such as the registration of new programmes) to one or more of the
organizations to undertake on its behalf. Without collaboration, such delegation is
impossible, because agencies will still be working on the basis of divided minds and at cross
purposes with each other. Collaboration, on the other hand, leads to specialization, which
eliminates competition and makes partial delegation of governmental authority possible.

2. Organizations that work with street children or children and youth at risk must learn to think
through the changes donors may ask them to make, and not to agree to them unless and until
they are convinced that the changes are desirable. Donor interests and the changes they
recommend should perhaps be incorporated into an organizations programme on a gradual
basis, with the organization being given time to think about the change and reflect on its
likely consequences and implications, then giving donors a feedback after an agreed-upon
period of time.
3. The governments presence, active involvement, and indeed leadership in the whole area of
street-children work is presently seen and felt. This is to say that the Government has
improved greatly and should be encouraged to do even much better.
4. Communities need to be educated as to why this common interest and strong stand are
important. Some stakeholders in the present effort have suggested that education of
communities is not being encouraged currently because the government fears this possibility.
But childrens issues need to be de-politicised. It is in the interests of everyone involved in
this field to work toward demonstrating that an educated community that is empowered to
take care of its own is an asset to the government rather than a threat, because it actually
helps the government to shoulder its responsibilities.

CHAPTER FIVE

5.1 LEARNED EXPERIENCES

The entire attachment was a learning experience. Some of the experiences learnt include;
a)
b)
c)
d)
e)
f)

Conflict resolution in groups

Developing social inquiry reports
policy execution process
Running and functioning of non-governmental organizations.
Mobilization for group formation and running.
Report writing skills.

5.2RECCOMENDATIONS ON HOW TO IMPROVE THE ATTACHMENT PROGRAM

In order to meet the intended objectives of the attachment of integrating theory and sociological
issues to real practical experiences in the world of work, there are some mechanisms that should
be put in place for the practicum experience to be meaningful. The recommendations include;

There should be development of clear policies and strategies to in co-corporate intern expertise
in the day to day running of the activities of the organization. This will ensure that the
organizations benefit in tandem with the students on attachment who will be developing their
professional skills. The organizations of attachment will also develop by having the students help
them with the workload on the field.
The other recommendation would be to have students on attachment getting more contact hours
with clients in the field. Going to the field ensures that one gets to interact with clients in their
natural settings. It will also ensure that the students on attachment get a feel of the experiences of
the people on the ground.

CHAPTER SIX
LEGAL AND INSTITUTIONAL FRAMEWORK
6.1THE CONSTITUTION OF KENYA 2010.

This is the Supreme law of Kenya; any law that is inconsistent with Constitution is null and void
and the constitution itself also states in article 2 that any law that contradicts the constitution is
null and void as it is the supreme law of the country. 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. The Constitution however does not have
the rights of children expressly spelt out or guaranteed. In order to improve this the constitution
needs amends on the part of children as this creates and paves way sometimes for children affairs
to be thrown out in case there is no support from other provisions.
6.2THE [PENAL CODE (Cap.63 Laws of Kenya)

The Penal Code defines the Penal system in Kenya. It outlines criminal offences and prescribes
penalties to them. The Penal Code protects children, in that acts and omissions, which amount to
child abuse, are classified as punishable offences.
These include:

Sexual abuse: Offences outlined in the Penal Code- Rape, Defilement, indecent assault,
incest (both by males and females) and unnatural offences.

Physical Abuse: Offences include: common assault, assault occasioning actual bodily
harm and grievous bodily harm.

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

Age of Criminal Responsibility

The Penal Code also sets an age below which a child cannot be held to be criminally responsible
even when they have committed a crime. This is known as the age of criminal responsibility.
The age of criminal responsibility in Kenya is eight (8) years. 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. Therefore, the child cannot
be charged in a court of law for prosecution. The Penal Code goes further to say that if the child
is between the ages of eight (8) and twelve (12) years of age, and commits a criminal offence,
then before prosecution, the court must establish whether the child understood the consequences
of his/her actions. If not, then the child will not be prosecuted, but if it comes out that the child
understood, then he/she will be prosecuted. Further, the same law tells us that male children
under the age of twelve (12) years are incapable of committing an offence associated with carnal
knowledge or sexual intercourse. 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. Waigua who is 7 years was traumatized after
growing up and finding out that stabbing his father caused death since he was helping his mother
fight the man who always came home and beat them both up and considering his mothers age he

was a teenagers baby. His mother Wairimu later died but Waigua was rehabilitated for the
trauma he went through at, the tender age of four years. Ministry of Defense of Gov. of UK v
Ndegna, Kenya Court of Appeal
Under article 250 and 251 of the penal code it extradites people and children against torture even
if it is not direct it gives an absolute relief for it.
6.3The Evidence Act (Cap 80, Laws of Kenya).

Section 124 of the Evidence Act calls for the corroboration of the evidence of children of tender
years. The above section was however amended by the Criminal Law Amendment Act of 2003
which adds the following provison:
provided that where a criminal case involving a sexual offense the only evidence is that of a
child of tender years who is the alleged victim of the offence, the court shall receive the evidence
of the child and proceed to convict the accused person if, for reasons to be recorded in the
proceedings, the court is satisfied that the child is telling the truth.
This means that in cases of child sexual abuse, where the child is the victim, corroboration of the
childs evidence is not a must. Corroboration means independent evidence, which implicates the
person, accused of a crime by connecting him with it. This means that evidence that confirms
that the person charged committed the offence. Children of tender years are children under the
age of ten years as is defined in the Children act.
6.4Matrimonial Causes Act (Cap 152, Laws of Kenya)

This Act consolidates all the laws relating to matrimonial cases. The Act is important as it
protects children in case of the dissolution of a marriage by providing for maintenance and
custody of children. Only children who are born within lawful wedlock are provided for in this
Act. This locks out some children of which they are kept out of the scope of the law and
eventually leads to them turning to drugs and crime at a tender age.
Charles seventeen years of age now had been left as a young child by his mother since she was
not legally married to him the court granted custody to the father as his mother had been an ex

drug addict a few years down the line he was left by his father at his grandmothers gate he
turned for male role models to his uncle s two of whom were ex-convicts for rape and robbery
with violence and the two were members of the Mungiki sect and continued to initiate him .this
turned his life forever as he was involved in both drugs and sexual harassment and in dire need
of rehabilitation.
6.5Subordinate Courts (Separation and Maintenance) Act

The Act provides for children in case of judicial separation of their parents. A married woman
can apply for maintenance and custody orders in a case

where the husband has wilfully

neglected the children.

6.6Employment Act (Cap 226, Laws of Kenya)

This Act outlines the laws governing employment and protecting employees in Kenya. The Act
protects all children under the age of 16 years from employment in industrial undertaking except
for internship or training. Further, the Act outlines Childrens Employment Rules, which provide
for Protection of children at work.
6.7The Children Act (Cap. 586, Laws of Kenya)

This is an Act of Parliament that provides for the rights of children and seeks to enhance the
welfare of children in Kenya.The Childrens Act (CA) was enacted for the following main
reasons:

To put together the provisions of the various laws that affected children;

To give effect the provisions of the CRC and the African charter on the rights and welfare
of the child.

The Act has XIII main parts with various provisions:

PART I: INTERPRETATION.

This part gives the legal definition of various terms, phrases and sections in the CA.

PART II: SAFEGUARDS FOR THE RIGHTS AND WELFARE OF CHILDREN

The CA provides for the rights of all children as are provided for in the CRC and the African
Charter. They are as follows:
Inherent right to life. The Government and the family have the responsibility of ensuring the
survival and development of every child.
Right to parental care-Every child has the right to live with and be cared for by his/her parents.
Right to Education- Every child is entitled to free and compulsory primary education the
provision of which shall be the responsibility of the Government and the parents.
Right to religious education- Every child has a right to religious education. Parents have the
responsibility of providing children with appropriate guidance in religious education.
Right to health care. Every child has a right to health and medical care of which parents and the
Government shall have the responsibility of providing for.
Protection from child labour and armed conflict. Every child shall be protected from economic
exploitation and any work that is likely to be hazardous or to interfere with the childs education,
or to be harmful to the childs health or physical, mental, spiritual, moral or social development.
Children should also not be recruited in armed conflict or take part in hostilities. Where armed
conflict occurs, respect for and protection and care of children shall be maintained in accordance
with the law.

Right to Name and Nationality. Every child has a right to a name and nationality. Where a child
is deprived of his identity, the Government shall provide appropriate assistance and protection
with a view to establishing his or her identity.

Right of Children with disabilities to be treated with dignity. Every child with a disability has a
right to be treated with dignity, and to be given appropriate medical treatment, special care and
education.
Protection from child abuse. Every child is entitled to protection from physical, psychological,
sexual, neglect and any other form of exploitation including sale, trafficking or abduction by any
person.
Protection form harmful cultural rites. No child should be subjected to female circumcision,
early marriage or other cultural rites, customs or traditional practices that are likely to negatively
affect the childs life, health, social welfare, dignity or physical or psychological development.
Protection from the sexual exploitation. All children shall be protected from sexual
exploitation, prostitution, inducement or coercion to engage in any sexual activity and exposure
to pornographic materials.
Protection from drugs. Every child shall be protected from the use of all drugs and from being
used in their production, trafficking or distribution.
Leisure and recreation. A child has the right to leisure, play and to participate in cultural and
artistic activities.
Torture and deprivation of liberty. No child shall be subjected to torture, cruel treatment or
punishment, unlawful arrest or deprivation of liberty.
Right to privacy. Every child has a right to privacy subject to parental guidance.
6.8UNDERLYING PRINCIPLES

These rights are to be practiced with the following principles:

Best interests Principle :In all actions concerning children, whether undertaken by public or
private social welfare institutions, courts of law, administrative authorities or legislative bodies,
the best interests of children shall be a primary consideration.

Non Discrimination : No child shall be subjected to discrimination on the ground of origin,

sex, religion, creed, custom, language, opinion, conscience, color, birth, social, political,
economic or other status, race, disability, tribe residence or local connection.
The Childs Opinion: When working with children, it is always important to allow the child
to air their views or opinions on an issue and also to ensure that the views or opinions are
respected and given due weight.

Maximum Survival and Development: All actions affecting children should be directed in
ensuring that their lives are protected and that they develop in the best possible way.
PART III: PARENTAL RESPONSIBILITY

Parental responsibility refers to the duties, rights, powers responsibilities and authority, which by
law a parent of a child has over the child and the childs property in a manner consistent with the
evolving capacities of the child.
The duties include;
Maintenance of the child and provision of adequate diet, shelter, clothing, medical care, and
education and guidance.
PART IV: ADMINISTRATION OF CHILDRENS SERVICES.

National council for the Administration of Children Services

The Children Act establishes the National Council for the Administration of childrens Services,
which shall have the following functions:

Exercise general supervision and control over planning, coordination of child rights and
welfare activities;

To advise the Government on all aspects of child rights and welfare of children

The Act also stipulates the role and responsibilities of the Director of Childrens Services and
that of the Local Authorities in safeguarding and promoting the rights and welfare of children
within its area of operation
PART V: CHILDRENS INSTITUTIONS.

This part gives provisions, guidelines on and role of institutions that may be established; two by
the Government and one by persons other than the Government.

Rehabilitation School

Childrens Remand Homes

Charitable Childrens Institutions

PART VI: CHILDRENS COURT.

Childrens Courts are established to hear the following matters:

Civil cases:
These are cases concerning parental responsibility, Custody and maintenance, guardianship,
children in need of care and protection and granting judicial orders for the protection of children.
Criminal cases:
The Court also hears cases of children who are in conflict with the law or child offenders except
where a child is charged with murder or is jointly charged with an adult(s).
Other offences:
The Court also hears cases against people who have been cruel or neglectful of their children and
any other offences outlined in the Act. Childrens Courts are presided over by Childrens
Magistrates appointed by the Chief Justice.

PART VIII: CUSTODY AND MAINTENANCE

Custody
This refers to the parental duties and responsibilities as relates to the actual possession of a child
often given by a Court.

A parent of a child;

A guardian;

Any other person who applies for custody of the child but has had actual custody for
three months before making the application and has the permission of the parent or
guardian.

FACTORS TO BE CONSIDERED IN MAKING AN ORDER

The wishes of the child;

The wishes of the parents, guardians, foster parents or any other persons who have had
custody of the child for the past three years;

Cultural and religious background of the child;

Best interests of the child.

Maintenance
Maintenance refers to the supply of the necessaries of life for a child. For children this includes
adequate diet, shelter, health and medical services and education.

Parents of a child who were married to each other at the time of a childs birth;

Parents of a child who were not married to each other at the time of a childs birth but
have subsequently gotten married;

If the parents are not married but the father has acquired parental responsibility;

Joint custodians of a child;

Joint Guardians of a child.

Any parent, guardian, custodian of a child may apply to the childrens court for maintenance
orders if they have an issue to do with maintenance. The court may order a parent to provide for
a childs upkeep but will take into consideration the financial means of those involved.
PART IX: GUARDIANSHIP

A guardian is a person appointed to take care of a child alone or the child and his property after
the death of a parent.
PART X: JUDICIAL ORDERS FOR THE PROTECTION OF CHILDREN these are orders
that the Court can grant for the protection of children and to ensure that their welfare is
enhanced.
PART XI: CHILDREN IN NEED OF CARE AND PROTECTION these are children who
include;

Orphaned or have been abandoned or are destitute;

Parents have been imprisoned;

Homeless or are beggars;

Prevented from receiving an education;

A female child subjected to FGM or early marriage or children exposed to harmful

cultural practices;

A child exposed to domestic violence;

Who is pregnant;

Who is terminally ill or whose parents are terminally ill or who has a disability;

Who have been sexually abused;

Who are exposed to child labor.

PART XII: FOSTER CARE PLACEMENT

Foster care placement means the placement of a child with a person who is not the childs
parent, relative or guardian and who is willing to undertake the care and maintenance of that
child. A child can be taken to a foster parent through placement by the Director of Childrens
Services and the manager of a charitable institution or Rehabilitation School where the child has
been placed through a care order
FOSTER PARENTS MAY BE:

A married couple;

A single woman aged above 25 years (but she may not foster a male child)

A single man aged above 25 years (but he may not foster a female child)

PART XIII: ADOPTION

Adoption vests parental rights and duties relating to a child if the adopter or the person whom the
adoption order has been granted. The Act establishes an Adoption Committee to oversee
adoption issues in the country.
PART XIV: CHILD OFFENDERS.
The Act outlines ways of dealing with children who are in conflict with the law

CONCLUSION

Kenya has undertaken over the years impressive initiatives geared towards cultivating the rights
of children through the development of policies, and legal and institutional frameworks. The
2010 Constitution enshrined the rights of the child in its articles 14, 21, 43(3) and 53. It defined
a child as an individual below 18.
The 2001 Children Act, which domesticated the Convention, was currently under review to align
it with the Constitution. The National Children Policy, the National Plan of Action for Children
2008-2012, the National Plan of Action for Children 2015-2022 and the Kenya Vision 2030
constituted some of the policies aimed at ensuring the protection of childrens rights. The
Ministry of Labor, Social Security and Services was responsible for the implementation and
coordination of those policies through the National Council for Children Services. 2,
Guthu Muigai, Attorney General of Kenya, said that Kenya had undertaken over the years
impressive initiatives geared towards cultivating the rights of children through the development
of policies, and legal and institutional frameworks. Kenya had achieved progress in reducing
infant and maternal mortality, HIV control and the promotion of maternal, new born and child
health. A number of programmes had led to increased enrolment rates both in primary schools
and secondary education, and legislation had strengthened the protection of children, including
children with disabilities, from harm and violence. Challenges remained as a large part of the
population continued to live under the poverty line, which fuelled child labor, sexual exploitation
and trafficking. Approximately 2.4 million children were orphans, while discrimination and
abuse against children with disabilities remained A large part of the population continued to live
under the poverty line, which fuelled child labor, sexual exploitation and trafficking.
Approximately 2.4 million children were orphans, of which 47 per cent were due to parental
deaths as a result of HIV/AIDS. Kenya continued to increase budgetary allocations to childrens
services, including for the provision of care to orphans and other vulnerable children. In 2011,
the Persons with Disabilities Fund aimed at assisting families. Discrimination and abuse against
children with disabilities was common among many communities, and the Government
continued to raise awareness to change negative practices.
Legislation prohibited female genital mutilation and child marriages.

Further measures to

enhance the protection of children included a 24 hour helpline, rescue centers, gender violence
2

recovery centers, legal aid clinics, and child helpdesks in police stations. The Nyumba Kumi
initiative sought to prevent the recruitment of children by terrorist organizations.
However children need the support the whole country and society at large not only the
government.

REFERENCES

The Constitution Of Kenya 2010.

The [Penal Code (Cap.63 Laws Of Kenya)
The Evidence Act (Cap 80, Laws Of Kenya).
Subordinate Courts (Separation And Maintenance) Act
Employment Act (Cap 226, Laws Of Kenya)
The Children Act (Cap. 586, Laws Of Kenya)
Malezi Rehabilitation Centre strategic plan
Children's Rehabilitation Institute of Texas: http://us.when.com/vertical?q=Children
%27s+Rehabilitation+Institute+of+Texas&s_chn=13&s_pt=source7&v_t=content&type=conte
nt&s_cs=4333107135622968608&s_it=rs-bot
Legal and institutional framework relating to children rehabilitation in kenya :
https://en.wikipedia.org/wiki/Rehabilitation_%28penology%29