8. Children are under the Constitution entitled to protection from economic exploitation or
treatment, work or punishment that is or is likely to be hazardous, interfere with their
education or be harmful to their health or physical, mental, spiritual or social development.
9. One of the most glaring challenges under the constitutional protection of children is the age
of the child which is fixed to the provisions of section 23 only. It remains a challenge
therefore for the State to offer protection to the girl child who in section 22 of the
Constitution is allowed to marry and found a family. An attempt to revise the age of marriage
under section 22 from 15 years to 16 years in line with section 23 failed during the enactment
of Bill No. 11 of 2010 [Constitution (Amendment) Act] as the President refused to assent to
the provision when Parliament had enacted the change.
10. At the time of adopting there were several statutes in place to regulate matters affecting
children and these include the Adoption of Children Act; the Children and Young Persons
Act; the Births and Deaths Registration Act; the Maintenance Orders (Enforcement) Act; the
Affiliation Act; and the Penal Code. The current status of these laws is that the Adoption of
Children Act is currently undergoing review by the Law Commission while the Children and
Young Persons Act was repealed by the Child Care, Protection and Justice Act (CCPJA) of
2010 which is currently in force. The Births and Deaths Registration Act was repealed by the
National Registration Act of 1999 while the Maintenance Orders (Enforcement) Act and the
Affiliation Act were also repealed by the CCPJA.
11. The CCPJA is the most comprehensive statute on child rights and has also embraced the
principle of the best interests of the child. While borne of the review process of the Children
and young Persons Act which primarily provided for child justice, the CCPJA provides for
care and protection of children.
12. In 2006, Parliament passed the Prevention of Domestic Violence Act (PDVA) which
provides for mechanisms of preventing and punishing acts of domestic violence. The PDVA
provides for special protection of children undergoing violence within the domestic
relationship and is also undergoing review by the Law Commission.
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