A Grand Omission

The child is a prominently absent citizen in this supreme law. Nowhere in the entire constitution are the terms "child" or "childhood" mentioned - let alone acknowledged. Even provisions on citizenship avoid mentioning "child" in reference to matter of birth in conferment of citizenship, preferring instead to use phrases like "a person born in Kenya " rather than "a child born."The constitution does not therefore: -
Define who a child is. This has resulted in the many contradictory statutory definitions of the child causing confusion and uncertainty;
Recognize children or acknowledge childhood. This explains the absence of a distinct section in the Bill of Rights dedicated to children's rights.

No guaranteed protection. Because the constitution is silent on the rights of the child, the Bill of Rights contains no specific guarantees and protection for children. As a result:
Basic needs of children like education, nutrition, health and medical care are neither acknowledged nor recognized as fundamental human entitlements of the child;
There is no special protection whatsoever for children against harmful practices like child labour, neglect and abuse, sexual exploitation, female genital mutilation and inhumane punishment in homes and schools;
Section 82 of the constitution which provides for protection of citizens against discrimination does not recognize age as ground of discrimination. This means that is quite constitutional to discriminate against children by reason of their under-age status.

Uncertain citizenship

Citizenship by birth ought to be an automatic right for every Kenyan child. This is not so, however, due to the constitutional omissions and selective provisions of Chapter VI which governs citizenship. The result is that:
Kenyan children have got no distinct national identity because the constitution does not expressly grant them right to Kenyan nationality;
Section 90, while guaranteeing citizenship to children born of a Kenyan male abroad, inexplicably denies automatic citizenship to a child born of a Kenyan mother if at the time of the birth she was resident abroad;
The restrictive wording of the requirement in Section 92(2) for proof of Kenyan parentage on application for citizenship.

False Impression

The presumed constitutional protection for children is normally implied from the wording of the Bill of Rights that protects the rights and freedoms of "all Kenyans". Children's rights are therefore said to be protected in so far as they too constitute the general mass of "Kenyan citizens", to whom the Bill of Rights refers. The fundamental error because: -Children are now universally recognized as a distinct vulnerable group of citizens entitled to certain special reflective of the spirit, purpose and intent enshrined in the UN Convention on the rights of the child (CRC);
The needs, rights, responsibilities, views, interests and vision of children and adults are not synonymous;
The fundamentality of the rights of the child as a legal concern and development ideal is now the accepted approach in the protection and development of these young citizens, whose sheer innocence and vulnerability viewed vis-à-vis their tremendous potential and promise set them apart as a distinct class of human beings;
Even where the constitution impliedly protects children as "Kenyan citizens", the many restrictions lodged in the Bill of Rights make it difficult, anyway, to fully enjoy the meager rights and freedoms available therein, a classical case of taking away with the left hand what it purportedly grants with the right.

It is evident from the above rendition that as far as concerns this constitution, childhood and protection of child Rights are just not a major concerns here. This attitude explains why children have not been recognized as a distinct class of citizens, thereby lumping them together with the whole mass of the general citizenry, often only mentioning them in passing and in the same breath as youth and women. Nothing could possibly violate the principle of best interest of the child more than this aloof treatment of the Kenya child. This demands imperative constitutional attention.1.1 "Child Right education campaign week."Promotion of child's' right week. This campaign will go on for one week and will involve various performance including dances and poem, short speeches by local opinion leaders and members of community. There will be focus group discussions on education on child rights. This shall be done on alternative days through out the week in major slums & tours in through out the week in Nairobi i.e. Mathare, village I, village 36 and village No. 10.


 Elimu ya haki za watoto Na Jamii Maskini
This will be the climax of the Civic Education promotion week. This will involve theatre performances done in Uhuru Park , Nairobi and a procession in Nairobi streets. This day will involve speeches performance, discussions and entertainment in general all geared towards the promotion of child's right education.On this particular day, there will be distribution of pamphlets and brochures from various school churches and well-wishers informing the community on the status of existing Free legal aid body in Kenya .


 Methodology approach
The use of the theatre to disseminate Information, Education and Entertainment has been used from time immemorial. It has been proved to be the most effective means of sending out information. Theatre is not caring to those who are watching it, or even tolerant to it and also it does not need one to be very learned to understand the theme.
Moreover, the Nairobian and rural folk are idle in most part of the day and therefore put much emphasis on entertainment. The use of theatre is very essential. These groups we intend to use are very well known countrywide.
In the plays and drama the script will focus on the guarantee of civil rights and liberties of the child as enshrined in the convention in the plays the following shall be emphasis and insisted.

 

 

HIGHLIGHT REPORTS

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