5.
6.
7.
8.
the Children’s Act of 2001 has been under review since 2010; however it has not
yet been amended, inter alia, to bring it in line with the Constitution. Hence, the
Committee urges the State Party to expedite the amendment process as the Act
is important for protecting and promoting children’s rights. The Committee also
urges the State Party to urgently finalize the adoption of other laws undergoing a
revision or a process of adoption.
The Committee notes with appreciation the monitoring mechanisms which the
government has devised as mentioned in the State Party’s response to the list of
issues. These include: the Department of Children’s Services, the Kenya
National Commission on Human Rights (KNHCR), the National Council on the
Administration of Justice (NCAJ), the Commission on Administrative Justice
(CAJ), and the National Gender and Equality Commission. The Committee also
commends the State Party for its stable coordination mechanism which involves
CSOs and independent national human rights institutions. It is however the
concern of the Committee that there is no independent organ to promote and
protect the rights and welfare of children. Therefore, the Committee encourages
the government of Kenya to establish an independent organ which has the sole
mandate to monitor the implementation of children’s rights. The Committee
suggests for the government of the State Party to create an independent
commission for children or to create child specific office in the Kenya National
Commission on Human Rights (KNCHR) and the National Gender and Equality
Commission (NGEC).
The Committee welcomes the adoption of the Prohibition of Female Genital
Mutilation Act of 2011 as well as the establishment of the Anti-Female Genital
Mutilation Board. Nevertheless, the implementation of this law is not yet
sufficiently effective as the practice remains significant in the country.
Accordingly, the Committee recommends to the executive organs of the State
Party to engage in combating the practice of FGM especially in rural areas where
it is still highly prevalent; and also to prosecute the perpetrators of female genital
mutilation.
The Committee acknowledges the utility of the previous National Plan of Action
for Children, but it expired in 2012. The Committee encourages the State Party to
fast-track the revision of the National Plan of Action.
The Committee recognizes with appreciation the efforts of Ministry of Health, and
also the policies and strategies it has devised for delivering a better health care
service. However, the Committee has concerns on how the Ministry is
responding to the devolution of health services due to devolution of functions to
local government. The county governments are not appropriately budgeting for
health services in accordance with the commitment of the State under the Abuja
Declaration. In addition, it was recorded that many health care workers who were
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