The Legal System and Child Protection
Whereas many elements of a child protection system are in place in Kenya, the Government of Kenya has not been able to address the plight of street connected children and its root causes effectively. Street connected children enjoy few if at all any of the rights children are entitled to. They are still considered to be illegal, discriminated against in their attempt to access services and treated with violence and contempt by the state authorities and members of public. This is despite the fact, that the Kenya Constitution and the Children Act (2001) recognizes street connected children as those who require “attention and assistance to alleviate their plight.” It is, however, encouraging to note that Ministry of Planning and Devolution has this year initiated its first-ever national census on street families. This is aimed at providing valuable data and information for their proper rehabilitation. The census was to be finalized by June 2018 but results are yet to be communicated.
However, organizations helping street connected children are still waiting for a comprehensive and effective nationwide, operationalized strategy for protecting and reducing the number of street connected children. Lack of laws holding the family accountable to the government makes it hard to maintain order with the excessive number of kids entering the urban region. The absence of effective social support system for vulnerable families or alternative care arrangements for children who are at risk, creates a gap in which children must find their own means of protection and the street is often the only choice.
The recent trends in increasing numbers of street connected children, challenging socio-economic situation for families in the low income areas and deepening family dysfunction and Gender based Violence (GBV), puts even more children at risk of ending on the streets. The situation calls for responses aimed at the needs of those girls already on the street, while at the same time exploring long term policy solutions and measures aimed at preventing the girls from ever getting into the streets.
