Constitutional safeguards 255. The Constitution establishes in Kenyan law internationally acclaimed principles on the rights of children, such as best interests of the child which is now to be paramount in every matter concerning children. The Constitution adopts the United Nations definition of the child as any person under the age of 18. Children enjoy the right to; a name and nationality from birth; free and compulsory basic education; basic nutrition, shelter and health care; protection from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour; parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not. Legislative measures 256. The Children’s Act No.8 of 2001 domesticates CRC and contains standards for the protection of children in Kenya. With the passing of the Constitution in 2010, the Children Act (Amendment) Bill was developed and proposes various amendments to align the provisions of the mother act with the Supreme law. It expands the realm of punishable offences to include the prohibition of corporal punishment and any cultural practices which dehumanizes or are injurious to the physical and mental well being of the child. It also proposes that where the word “arrest” appears anywhere in the text it must be substituted with the word “apprehend”. 257. The Counter Trafficking in Persons Act is an important piece of legislation enacted in 2010 to implement Kenya’s obligations under the United Nations Convention against Transnational Organized Crime particularly its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and to provide for the offences relating to trafficking in persons and for connected purposes. As a deterrent measure, the penalties for offences under the Act are quite punitive with fines of up to the equivalent of EUR 300,000 (Approximately USD384,000/-) and in some cases imprisonment for life. The Act creates a Counter Trafficking in Persons Advisory Committee to enhance inter-agency cooperation in combating trafficking in persons. Children below 4 years of age are allowed to stay with their mothers who are serving prison sentences. This state of affairs is not desirable and occurs because of the lack of adequate frameworks for the care of the children. The Government has established day care centers in prisons and availed social workers to look after such children. All the children are registered by the National Registration Bureau. The Kenya Prison Service has also established Family Days where children visit their parents in prison thus providing an opportunity for the families to bond. 258. The Prohibition of Female Genital Mutilation Act, enacted in 2011 provides a framework for the elimination of Female Genital Mutilation (FGM). The Act criminalizes the practice and provides heavy sanctions. The Prohibition of FGM Act creates a Prohibition of FGM Board charged with ensuring adherence to the Act. National policies to protect Children 57