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 3

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