I.
INTRODUCTION
1. The African Committee of Experts on the Rights and Welfare of the Child
(ACERWC) extends its compliments to the Government of Kenya and wishes to
acknowledge with thanks receipt of the periodic report on the status of
implementation of the African Charter on the Rights and Welfare of the Child.
The ACERWC, during in its 1st Extra Ordinary Session which was held on 6-11
October, considered Kenya’s periodic report which was submitted in accordance
with the State Party’s obligation under Article 43 of the African Charter on the
Rights and Welfare of the Child (ACRWC).
2. The Committee welcomes the open constructive dialogue with the delegation of
the Government of Kenya led by Mr Ali Noor Ismael, the Principal Secretary in
the Ministry of Labour and Social Security Services, insofar as it enlightened the
Committee in assessing the implementation of the Charter in the State Party.
II.
PROGRESS IN THE IMPLEMENTATION OF THE CHARTER
3. The Committee commends the State Party on the following measures:
a. The adoption of the Marriage Bill, 2012 which sets the minimum age of
marriage at 18;
b. The adoption of the Counter-Trafficking in Persons Act, 2010 and the
recent establishment of the Advisory Committee for the implementation of
the Counter-Trafficking in Persons Act, 2010;
c. The enactment of the Basic Education Act, No. 14 of 2012;
d. The adoption of the Prohibition of Female Genital Mutilation Act, 2011;
e. The enactment of the Sexual Offences Act, 2006 which has criminalized
sexual acts with persons under the age of 18 years, even if they give
consent.
f. The adoption of Persons with Disabilities Act in 2003;
g. The National Policy on Human Rights, 2012;
h. The establishment of children’s courts
i. The establishment of Children Assemblies, including at national and district
levels
III.
AREAS OF CONCERN AND RECOMMENDATIONS
A. General measures of implementation
4. The Committee commends the State Party for its Constitution of 2010, which
includes a clause on children’s rights. The Committee takes note of the fact that
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