26. The Committee appreciates the measures the State Party is taking to balance
freedom of conscience and religion on the one hand and provision of health care
and education on the other hand. The State Party in its Response to the List of
Issues stated that it has taken two measures to address the issue: raising
awareness and providing the services forcefully. While the Committee
encourages the State Party to continue taking these measures, the Committee
recommends the adoption of a clear guideline which can balance the two
conflicting interests by taking the best interest of the child into account.
Moreover, the Committee urges the State Party to implement the decision of its
Supreme Court which addressed the rights of children who were deprived of
education and health care because of the belief of their parents.
27. The Committee has concerns on the protection of privacy of children particularly
of child victims. There is no suitable structure where violations can be reported
while protection of victim’s privacy is at the same time ensured. The Committee
hence calls the State Party to create collaboration among child protection
services in order to protect privacy of children.
Protection against torture and abuse
28. The Committee notes with concern that child torture and abuse is prevalent in all
parts of the country in different forms. The level of child abuse and torture is
rising from time to time and the violations are perpetrated by parents and
teachers. The Committee is also concerned that there is weak prosecution for
such violations as the Prevention of Torture Bill has not yet been adopted. The
Committee is concerned that these violations and the lack of prosecution are
obstructing the implementation of the Charter.
29. The Committee urges the State Party to adopt the Prohibition of Torture Bill as it
can be the legal and normative basis for the prevention of abuse against
children. The Committee urges the government of Kenya to properly prosecute
violators in schools, families and also religious places. The Committee further
recommends that the State Party to raises awareness of the community on the
issue so that they discontinue violations and not tolerate abuse and torture.
30. The Committee notes with appreciation the prohibition of corporal punishment
under the Constitution, but recommends that it be implemented. The Committee
encourages the State Party to raise awareness and give training on a continuous
basis on alternative disciplinary measures.
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