17. The Committee particularly calls upon the State Party to give attention to the best
interests of the child in custody cases where children are confiscated by their
fathers only for child support and maintenance reasons.
18. The Committee appreciates the criminalization of sexual offences against
children; nevertheless, the State Party has failed to ensure the protection of girl
victims of sexual offences through prosecution of offenders in courts of law.
Many offenders are not being prosecuted as required by the Sexual Offences
Act, 2006 due to cultural practices; in certain cases, girls are forced to marry the
offenders. The lack of prosecution and the practices of the community are
against the best interests of children and seriously affect their development. The
Committee recommends that the State Party take measures to ensure that
sexual offenders are prosecuted with the full might of the law to ensure the
deterrence of other potential offenders and reduce forced child marriage.
Survival and development
19. The Committee notes with appreciation the provision of free child birth services in
public hospitals and health centers to prevent infant mortality. However, the
public health centers are not well equipped and staffed, which compromises the
quality of health care service delivered by the State and puts at risk the survival
of children. Another factor affecting the survival and development of children is
the prevalence of teenage pregnancy. The Committee, therefore, recommends
that the State Party increases the budget allocated for health care services; that
it intensifies efforts to train and educate health staff, and also continuously strives
to provide better health facilities. It also recommends that the State Party takes
all the necessary steps to reduce teenage pregnancy by educating teenagers
and their parents and also by properly implementing the Sexual Offences Act.
20. The Committee welcomes all the measures the State has taken in relation to
food and nutrition security such as the formulation of the National Food and
Nutrition Security Policy and the National Nutrition Action Plan 2012-2017. While
acknowledging the measures the State has taken, the Committee has qualms
that the arid and semi-arid lands (ASAL) are still fully dependent on food aid.
Children die due to malnutrition in these areas. The Committee, therefore, urges
the State Party to devise and plan strategies in which it can efficiently address
the issue of malnutrition in these areas.
Child participation
21. The Committee congratulates the government of Kenya for establishing
children’s assemblies in all counties. The Committee encourages the government
of Kenya to give due consideration to the views of children in policy making as
well as budgeting. The Committee encourages the State Party to provide children
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