| 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:
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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.
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