in contact with the justice system with state funded legal aid and facilitate the
legal representation of children by NGOs to realize their participation in the
administration of justice to the fullest.
D. Civil rights and freedoms
Name, nationality and birth registration
22. The Committee appreciates the growing rate of birth registration and that of free
birth registration available within 6 months of birth. However, only 60% of the
Kenyan children are registered. The Committee recommends the intensification
of the campaign on birth registration, including creating awareness that
registration is free, making registration easily accessible in all areas of the
country and expediting the process of making registration of vital events digital.
The Committee moreover refers to its General Comment No. 2 on Article 6 of the
Charter to the State Party for guidance.
23. The Committee notes with appreciation the adoption of the Citizenship and
Immigration Act of 2011, and also the measures taken by the state to grant
children of Kenyan mothers a Kenyan nationality irrespective of the nationality of
their fathers. The Committee, however, has concerns on the issue of children of
Nubian descent and emphasizes the non-implementation of its decision of 2011.
The right of children to nationality and registration is a milestone for the
realization of other rights enshrined in the Charter. Thus, the Committee calls
upon the State Party to urgently implement the decision on the Communication
and grant Nubian children nationality.
24. The Committee is also concerned about the registration of all children including
transgender and intersex children by the State Party as there are cases being
brought before the courts in this regard. The Committee thus recommends the
State Party to adopt a registration model which specifies the registration of
transgender and intersex children.
Freedom of expression, freedom of association, freedom of conscience and
religion, protection of privacy
25. The Committee commends the establishment of Children’s Assemblies and Area
Advisory Councils as a means of fulfilling children’s rights to freedom of
expression. The Committee recommends that these Assemblies be trained and
well equipped and also well popularized so that they can have a legitimate say in
decision making. The State also needs to take appropriate measures to educate
parents and society in general that children’s participation adds value to the
governance of the country.
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