REPUBLIC OF KENYA

Part III

1. Please provide consolidated budget information required for the implementation of the proposed amendment of the Children Act (2001) and the National Plan of Action for Children 2015-2022, indicating the percentage of each budget line in terms of the total national budget and gross national product, and geographic allocation.

The proposed Amendments to the Children’s Act, upon assessment by the Constitution Implementation Commission, were found to exceed the threshold for amendment and a decision to develop a new statute for children was made. The process was justified and therefore, there is no information on the budget required to implement the proposed amendments.

The National Plan of Action for Children 2015-2022 was not costed and this information, therefore, is not available.

2. Updated statistical data (disaggregated by age, sex, ethnic origin, national origin, geographic location, and socio-economic status) for the past three years on:

a) No. of complaints on violation of the rights of the child received and followed up by the Kenyan National Commission on Human Rights and the National Gender and Equality Commission.

This Data is not available at the moment.

b) No. of incidences of violence, including sexual violence, committed by the law-enforcement officers against children investigated and persecuted, and no. of child victims of police violence.

During the period from January 2012 to July 2013, a total of 13 out of 47 Counties recorded incidents of violence against children by law enforcement officers.

16 cases involving 18 children were reported and no case has been settled outside court.

A total of 12 cases are before court awaiting determination, 2 cases are still being investigated and 2 cases involved accused persons who are known but are yet to be arrested while 1 case was withdrawn under section 87A of the Criminal Procedure Code.

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c) No. of cases of violence against children, including corporal punishment and sexual violence, with information on investigation and prosecution of perpetrators and the sentences granted by the court. Please also indicate no. of cases of alleged sexual violence brought to the court but eventually settled outside of court, and reasons for the choice for non-judicial settlements.

According to the Violence Against Children Report completed in 2012 (GOK and UNICEF), violence against children is a serious problem in Kenya with lifetime consequences for victims. An estimated 73 per cent of boys and 66 per cent of girls have experienced physical violence before the age of 18. The report concludes that sexual and physical violence does not discriminate on the basis of ethnicity or socio-economic status. Violence against children is mostly committed by person closest to them, including parents, relatives, figures of authority such as teachers and religious leaders. Over 50 per cent of children report that they have been physically abused by their parents before the age of 18, showing that domestic violence is a considerable problem.

Violence in schools remains a major concern. Among females and males who reported being punched, kicked, whipped or beaten with an object by an authority figure prior to age 18, teachers accounted for 99.9 per cent of perpetrators reported by females and 96.2 per cent of perpetrators mentioned by males. The Basic Education Act 2013 criminalises corporal punishment in schools. Based on the Violence Against Children Study, the Government of Kenya has developed aa response plan outlining several key strategies to combat and prevent violence.

d) No. of adolescent girls having access to information, services and care on sexual and reproductive health, including access to contraceptives.

Statistics are not available but as earlier stated efforts are being made by the Government in collaboration with other stakeholders to ensure that these services are availed to as many adolescent boys and girls as possible.

e) Prevalence of underweight and stunted children under five years of age.

Stunting has declined from 35% in 2008/09 KDHS to 26% in 2014 KDHS. Underweight children has declined from 7% in 2008/09 KDHS to 4% in 2014

KDHS.

f) No. of children benefitting from early childhood development programmes.

This Data is not available at the moment.

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g) No. of refugee and asylum-seeking children currently in the State party, in refugee camps in the State party, those returned to the State of origin.

According to the Situation Analysis of Children and Adolescents in Kenya (SITAN 2014), there are currently 550,000 refugees from Somalia, Burundi the Democratic Republic of Congo, Ethiopia and South Sudan and other countries. About 256,000 of these refugees are in the Daadab camp and approximately 160,000 are in the Kakuma camp. The Daadab camp is the largest one in the world with an estimated 252,889 of the refugees below 18 years of age.

The search for durable solutions to Kenya’s refugee problem is challenging. However the Government is confident that with the support and collaboration with its partners and the international community the refugees will continue to get protection while in Kenya or when they resettle back home.

h) No. of IDP children, including those displaced in relation to the implementation of development projects.

This Data is not available at the moment.

i) No. of children in street situations.

According to the SITAN, it is estimated that in Kenya around 250,000-300,000 children live and work in the streets. Most of them come from rural areas and from large or single parent families. These children end up in the streets due to factors such as poverty and lack of care in the family setting. Many children cite lack of food, abuse and lack of access to education as the direct cause for leaving their homes. The major pull-factor is the ability to make money.

j) No. of children engaged with child labour, including worst forms of child labour, and the no. of investigation and prosecution made on the allegation of illegal or worst forms of child labour. Please indicate type of work.

From 2012 to 2014, the Government carried out a total of 233 labour inspections related to child labour.

During the same period, a total of 5,286 labour complaints involving 28,271 children were investigated.

The type of work the children were performing is as follows; i. Scrap metal collection,

ii. House help/domestic work,iii. Scavenging for metal,iv. Street children,v. Selling liquor,

vi. Hawking.

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k) No. of children in conflict with law who are reported to police, arrested, in detention (pre-trial detention, prison, and statutory rehabilitation institutions) and no. of children under 18 years old tried and sentenced as adults. As for the children in detention, please indicate whether they are detained with adults.

Children in pre-trial detention are remanded (detained) at Children Remand Homes established under section 50 of the Children Act, 2001 as they await determination of their cases by the Court and the population was as follows:

2012/2013 2013/2014 2014/2015Boys Girls Boys Girls Boys Girls1,859 478 1,551 446 1,834 294

Total: 2,337 1,997 2,128SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

Kindly note that there are children who are bonded and therefore, do not get to these institutions.

There are no known cases where children have been tried and sentenced as adults. There are situations upon age assessment, persons detained in these institutions as children are found to be adults and as such transferred to adult facilities. It is under only this circumstance that adults can be found in Children Remand homes.

Children in Rehabilitation Schools are committed after trial and sent there for rehabilitation.

The data for the last three years is as follows:

2012/2013 2013/2014 2014/2015Boys Girls Boys Girls Boys Girls304 29 354 23 221 10

Total 333 377 231SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

l) Average duration of pre-trial detention for children, type of sentences and punishment granted by courts for children in conflict with laws; reported cases of abuse and ill-treatment of children during their arrest and detention.

On average, the pre-trial detention for children who have not been discharged on bond or bail is 14-28 days. Children, as a matter of policy, are given very flexible bond terms including free bonds where appropriate. In addition, children matters, both civil and criminal are given priority and should be concluded within 6 months of being filed.

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In the event that a child is found culpable after a trial, the applicable sentences are;

i. Unconditional or conditional discharge,ii. Committal to Probation hostels, Borstal Institutions or Rehabilitation

schoolsiii. Committal to Charitable Children’s Institutions,iv. Detention at the Presidents pleasure for serious offences like Murder or

robbery with violence.

m) No. of children involved in sexual exploitation, pornography and trafficking.

Case Category 2012-2013

Sub-Total

Sub-Total

Total

Case Category B GSexual Abuse 390 690 1080Child Trafficking 127 100 227

SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

Case Category 2013-2014

Sub-Total

Sub-Total

Total

case category B GSexual Abuse 267 960 1027Child trafficking 128 134 262

SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

3. Please provide data disaggregated by age, sex, socio-economic background, ethnic origin and geographical location regarding the situation of children deprived of a family environment, covering the past three years, on the number of children:

a) Separated from their Parents

Children deprived of family environment are mostly in Charitable Children Institutions (CCIs). These include children who are separated from their parents due to several factors.

Data for the last three years is as follows:

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POPULATION IN CCIS AS AT THE END OF JUNE 2012/2013S.NO

COUNTY BOYS GIRLS

1. Kisii 275 1712. Marsabit 154 713. Makueni 269 3094. Nyandarua 420 5315. Lamu 200 826. Taita Taveta 77 567. Samburu 300 2508. Kitui 650 5509. Nyeri 600 33010. Muranga 275 20011 Kiambu 700 53012. West Pokot 69 7013 Kajiado 1100 60014. Machakos 1935 159515. Embu 230 21616. Kericho 80 4017. Kirinyaga 251 25818. Kisumu 1255 93619. Siaya 192 220. Uasin Gishu 753 71921. Nyamira 80 6522. Mombasa 880 74223. Kwale 190 23924. Trans-Nzoia 220 17025. Laikipia 228 22326. Nakuru 2052 171527. Narok 119 14028. Elgeyo- Marakwet 78 6929. Kilifi 300 12030. Nandi 140 12131. Nairobi 3050 297032. Tharaka Nithi 64 4833. Bomet 120 16034. Meru 930 80035. Migori 337 33436. Vihiga 100 6837. Busia 226 21938. Kakamega 567 45539. Bungoma 294 22040. Tana River 80 2241 Wajir 300 8642 Mandera 79 043 Garissa 1038 22044 Baringo 104 15845 Turkana 350 36546 Homa-Bay 400 25047 Isiolo 170 280

Total 23,600 18,734 SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

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POPULATION IN CCIS AS AT THE END OF JUNE 2013/2014S.NO

COUNTY BOYS GIRLS

1. Kisii 275 1712. Marsabit 154 713. Makueni 269 3094. Nyandarua 420 5315. Lamu 200 826. Taita taveta 77 567. Samburu 300 2508. Kitui 650 5509. Nyeri 600 33010. Muranga 275 20011 Kiambu 700 53012. West Pokot 69 7013 Kajiado 1100 60014. Machakos 1935 159515. Embu 230 21616. Kericho 80 4017. Kirinyaga 251 25818. Kisumu 1255 93619. Siaya 192 220. Uasin Gishu 753 71921. Nyamira 80 6522. Mombasa 880 74223. Kwale 190 23924. Trans-Nzoia 220 17025. Laikipia 228 22326. Nakuru 2052 171527. Narok 119 14028. Elgeyo- Marakwet 78 6929. Kilifi 300 12030. Nandi 140 12131. Nairobi 3050 297032. Tharaka Nithi 64 4833. Bomet 120 16034. Meru 930 80035. Migori 337 33436. Vihiga 100 6837. Busia 226 21938. Kakamega 567 45539. Bungoma 294 22040. Tana River 80 2241 Wajir 300 8642 Mandera 79 043 Garissa 1038 22044 Baringo 104 15845 Turkana 350 36546 Homa-Bay 400 25047 Isiolo 170 280

Total 23,450 18,800SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

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POPULATION IN CCIS AS AT THE END OF JUNE 2014/2015S.NO COUNTY BOYS GIRLS1. Kisii 275 1712. Marsabit 154 713. Makueni 269 3094. Nyandarua 420 5315. Lamu 200 826. Taita Taveta 77 567. Samburu 300 2508. Kitui 650 5509. Nyeri 600 33010. Muranga 275 20011 Kiambu 700 53012. West pokot 69 7013 Kajiado 1100 60014. Machakos 1935 159515. Embu 230 21616. Kericho 80 4017. Kirinyaga 251 25818. Kisumu 1255 93619. Siaya 192 220. Uasin Gishu 753 71921. Nyamira 80 6522. Mombasa 880 74223. Kwale 190 23924. Trans-nzoia 220 17025. Laikipia 228 22326. Nakuru 2052 171527. Narok 119 14028. Elgeyo-

Marakwet78 69

29. Kilifi 300 12030. Nandi 140 12131. Nairobi 3050 297032. Tharaka Nithi 64 4833. Bomet 120 16034. Meru 930 80035. Migori 337 33436. Vihiga 100 6837. Busia 226 21938. Kakamega 567 45539. Bungoma 294 22040. Tana River 80 2241 Wajir 300 8642 Mandera 79 043 Garissa 1038 22044 Baringo 104 15845 Turkana 350 36546 Homa-Bay 400 25047 Isiolo 170 280

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Total 23,380 18,634SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

b) Living in child headed households

County Males Females Total1 Nairobi 8,592 4,749 13,3412 Nyandarua 2,376 1,442 3,8183 Nyeri 1,918 1,213 3,1314 Kirinyaga 7,995 7,576 15,5715 Murang'a 3,778 2,882 6,6606 Kiambu 9,847 1,561 11,4087 Mombasa 3,411 590 4,0018 Kwale 3,713 1,941 5,6549 Kilifi 5,123 3,475 8,59810 Tanariver 1,122 585 1,70711 Lamu 2,313 148 2,46112 Taita-Taveta 1,503 301 1,80413 Marsabit 1,237 798 2,03514 Isiolo 971 609 1,58015 Meru 4,895 3,782 8,67716 Tharaka 6,031 5,691 11,72217 Embu 3,533 2,999 6,53218 Kitui 8,808 5,983 14,79119 Machakos 4,115 2,029 6,14420 Makueni 14,150 12,319 26,46921 Garissa 2,346 992 3,33822 Wajir 1,293 989 2,28223 Mandera 1,626 1,082 2,70824 Siaya 2,546 1,313 3,85925 Kisumu 3,923 2,272 6,19526 Migori 7,929 6,727 14,65627 Homabay 4,436 2,782 7,21828 Kisii 7,940 5,594 13,53429 Nyamira 7,538 2,180 9,71830 Turkana 2,621 1,907 4,52831 West-Pokot 4,655 3,855 8,51032 Samburu 2,276 1,099 3,37533 Transnzoia 2,549 1,651 4,20034 Baringo 6,288 2,761 9,049

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35 Uasingishu 7,909 1,660 9,56936 Elgeyo-Marakwet 1,484 774 2,25837 Nandi 5,786 3,649 9,43538 Laikipia 2,656 1,807 4,46339 Nakuru 10,347 6,192 16,53940 Narok 5,288 4,045 9,33341 Kajiado 2,536 1,554 4,09042 Kericho 1,627 778 2,40543 Bomet 5,798 5,331 11,12944 Kakamega 11,714 9,929 21,64345 Vihiga 1,564 850 2,41446 Bungoma 2,976 1,864 4,84047 Busia 2,115 1,370 3,485

Total 215,197 135,680 350,877SOURCE: KNBS-NATIONAL POPULATION & HOUSING CENSUS 2009

c) Placed in Institutions

Refer to 3. a)

d) Placed with foster families

This information is not available at the moment

e) Children adopted domestically or through inter-country adoptions

2012 2013Local Adoptions 142 106International Adoptions 86 95Total1: 228 201SOURCE: JUDICIARY

1 In 2012 the number of males was 111 and females 117. In 2013 the number of males was 91and females 112.

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4. Please provide data, on the number of children with disabilities:

a) Living with their families Age Total Male Female0 12,392 6,404 5,9881 12,280 6,553 5,7272 15,955 8,562 7,3933 17,674 9,591 8,0834 19,949 10,895 9,0545 21,619 12,015 9,6046 22,740 12,535 10,2057 22,299 12,244 10,0558 23,858 13,033 10,8259 23,975 13,297 10,67810 27,275 15,028 12,24711 19,673 10,562 9,11112 26,031 14,250 11,78113 23,250 12,443 10,80714 22,571 12,194 10,37715 21,915 11,840 10,07516 20,146 10,749 9,39717 18,487 10,292 8,195Total 372,089 202,487 169,602 SOURCE: KNBS-NATIONAL POPULATION & HOUSING CENSUS 2009

b) In Institutions2

Type Of Disabilty Male Female TotalMental Retardation/Mental Illness 11 8 19Autism 7 1 8Epileptic 3 5 8Gender Identity Disorder 1 0 1Visual Loss 1 0 1Dwarfism 0 1 1Intellectual Disability/Epilepsy 0 1 1Mild Retardation 0 0 0Hearing Loss 3 0 3Short Sightedness/Visual Defects 1 0 1Mood Disorder 0 0 1

2 Number of Children with disabilities in Statutory Institutions

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Cerebella Atrophy/Cerebral Palsy 2 0 2Speech and Communication Problem 1 0 1T.B.I/Brain Injury 1 0 1Physical Deformity 1 1 1Deaf and Dumb 1 1Total 32 18 50

SOURCE: DEPARTMENT OF CHILDREN’S SERVICES

c) Attending regular primary schools;

Type Enrolment by 2014Public Schools 243,081Private Schools 8,461Total 251,542

SOURCE: MINISTRY OF EDUCATION SCIENCE &TECHNOLOGY

a) Attending regular secondary schools;

Type Enrolment by 2014Public Schools 12,694Private Schools 1,0404Total 14,098 SOURCE: MINISTRY OF EDUCATION SCIENCE &TECHNOLOGY

e) Attending special schools;

Refer to c) and d) above. The numbers above are inclusive of children in special schools.

b) Out of school;

Age Total Male Female3 11,721 6,448 5,2734 10,298 5,687 4,6115 7,957 4,497 3,4606 6,603 3,701 2,9027 5,088 2,768 2,3208 5,443 2,983 2,4609 4,582 2,546 2,03610 6,314 3,540 2,77411 3,489 1,827 1,66212 5,749 3,201 2,54813 4,692 2,536 2,15614 5,634 3,131 2,50315 6,431 3,475 2,95616 7,116 3,657 3,45917 8,048 4,103 3,945Tot 99,165 54,100 45,065

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al SOURCE: KNBS-NATIONAL POPULATION & HOUSING CENSUS 2009

g) Abandoned by their familiesAge Total Male Female0 610 326 2841 569 277 2922 659 333 3263 698 362 3364 831 422 4095 918 460 4586 1,028 513 5157 1,142 537 6058 1,160 530 6309 1,338 609 72910 1,976 962 1,01411 1,361 631 73012 2,073 1,006 1,06713 1,972 962 1,01014 2,089 988 1,10115 2,433 1,175 1,25816 2,325 1,079 1,24617 2,560 1,227 1,333Total 25,742 12,399 13,343

SOURCE: KNBS-NATIONAL POPULATION & HOUSING CENSUS 2009

5. Please provide the Committee with an update of any data in the report which may have been outdated by more recent data collected or other new developments.

This report contains some of the recent developments which have occurred after the State Party submitted the 3rd, 4th and 5th Report.

6. In addition, the State party may list areas affecting children that it considers to be of priority with regard to the implementation of the Convention.

Moratorium on Inter-Country Adoption Drugs and Substance Abuse Age appropriate sexual education Safety in schools De-institutionalization of children

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