Here’s What the New Kenyan Law on Child Separation Entails

President Uhuru Kenyatta on Thursday 7^th July 2022, signed a new bill into law stipulating conditions under which a child can be separated from their biological parents.

Here are some of the major provisions of the Bill

The Children Bill dictates that all children in Kenya have the right to parental care and protection and should live with their parents.

However, a child can be separated from their parents if it’s the only option in the child’s best interest according to the amendment.

“A child may be separated from his or her parents where the Court or the Secretary determines that the separation is in the best interest of the child.

“Where a child is separated from his or her parents under subsection (3), the child shall be provided with the best alternative care available, under this Act or any other written law, giving priority to family-based alternative care,” Read part of the bill.

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While in the foster home, the bill provides that the child will maintain regular contact with the parents.

“Every child who is separated from one or both parents shall have the right to maintain personal relations and direct contact with the parent or parents regularly unless it is shown to the satisfaction of the Court that such contact is not in the best interest of the child”, states the Bill.

Where a child is separated from his or her parent or parents otherwise than under an order of the Court, and without the consent of the parent or parents, the Secretary shall, on request by the parent or parents, facilitate the tracing and reunification of the child with the parent or parents

All the children have the right social security options including kinship care, guardianship, foster care, adoption, Kafaalah, temporary shelter, and institutional care.

Moreover, in case the siblings are separated from their parents, they should be taken to the same foster home.

According to a national census of street children and families carried out in 2018, Kenya has a total of 46,639 street families and street children. Out of this figure, 72.45 percent are male and an additional 27.65 percent are female.

The counties with the highest concentrations of street persons are Nairobi (15,337), Mombasa (7,529), Kisumu (2,746), Uasin Gishu (2,147), and Nakuru (2,005).

In Kenya, these children are referred to as Chokaras and are characterized by wearing dirty clothes, sniffing glue, and sleeping on the streets.