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Children Act 2022

The Council spearheaded the development and enactment of the Children Act, 2022. 

It is AN ACT of Parliament to give effect to Article 53 of the Constitution; to make provision for children rights, parental responsibility, alternative care of children including guardianship, foster care placement and adoption; to make provision for care and protection of children and children in conflict with the law; to make provision for, and regulate the administration of children services; to establish the National Council for Children’s Services and for connected purposes.


The key unique features of the Children Act 2022 include:

1. Equal parental responsibility for a child whether the parents are married or not.

2. Advances the principle of the best interest of a child including but not limited to considerations under Article 53(2) of the Constitution 2010.

3. Promotes inclusion of intersex children and provision of registration services.

4. Promotes different alternative family care options including adoption, guardianship and kinship to ensure children grow up in a family setup.

5. Discourages institutionalisation of children except as a last resort and done for shortest time possible.

6. Outline’s role of County governments in regulating child care facilities.

7. Provides for establishment of a Special Police Unit for children to facilitate juvenile justice.

8. Provides for establishment of rescue centres in all the 47 counties to provide temporary care for children in need of care and protection.

9. Proposes creation of a child welfare fund 

10. Raises the age of criminality for children from 8-12 years.

Policy Formulation

Policies, Guidelines, and other documents developed include:

  • National Children Policy, 2010 – currently under review.
  • National Care Reform Strategy for Children in Kenya 2022-2032.
  • National Plan of Action for children in Kenya, 2015-2022.
  • National Plan of Action against Sexual Exploitation of Children in Kenya.
  • Development of Monitoring and Evaluation framework for the National Prevention and Response Plan on Violence Against Children (NPRP on VAC and National Plan of Action to address Online Child Sexual Exploitation and Abuse (NPA to address OCSEA)
  • Good Practice in Child Care: A Manual for Children Caregivers.

International And Regional State Party Obligation

  • Periodic reports on Kenya’s implementation of the UNCRC to the UN Committee on the Rights of the Child. The 6th and 7th report is at the AG’s for review pending submission.
  • Thematic reports to UN Special Rapporteurs
  • National Celebrations of the CRC@30
  • Periodic reports to the AU’s African Committee of Experts on the rights and welfare of the Child on the implementation of the Charter.
  • First report on the implementation of Agenda 2040.
  • Annual commemoration of the Day of the African Child based on themes set by the AU.

Child Participation

  • Meaningful involvement of children in decision-making; policy development, implementation, and M & E. This is done through various child participation platforms such as Kenya Children Assembly (KCA), and Child Rights Clubs.