Implementing Kenya Children's Act 2022

 Section 28 (1) of the Children Act 2022: Are Children's Rights to Assemble, Picket, and Air their Views Implementable in Kenya?"

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The recent enactment of the Children Act 2022 in Kenya marked a significant milestone in safeguarding the rights of children. However, as we celebrate this achievement, it is crucial to assess whether the implementation of the Act's provisions aligns with the spirit and intent of empowering children to exercise their rights. In particular, Section 28 (1) of the Children Act 2022 (being one of newest addition into the Act) grants children the right to assemble, picket, and air their views, deserves closer reflection in light of the prevailing circumstances in Kenya. I am compelled to reflect on the challenges children might face in exercising this fundamental right and wonder the impact of restricted civil liberties on their perception of their own rights.

Ensuring Consistency with Constitutional Provisions:

It is perplexing to witness the limitations placed on the exercise of fundamental rights, such as assembly, demonstration, and picketing, as guaranteed by Article 37 of the Kenyan Constitution. When even adults find it increasingly challenging to freely express their views, one cannot help but wonder if children can truly believe in their right to assemble and voice their opinions. Children, who learn by observing and imitating, require a supportive environment that fosters their understanding and encourages their active participation in societal matters.

Analyzing the Present Challenges:

In the face of ongoing demonstrations against the high cost of living, the media's portrayal of these events often sensationalizes the situation, instilling fear in the hearts and minds of children and young people. The impact of these circumstances raises important questions about the feasibility of children exercising their right to picket and air their views freely. The fear and uncertainty prevalent in the current environment may dissuade children from engaging in activities that involve expressing their opinions, thereby hindering the development of their civic participation skills.

The Importance of an Enabling Environment:

For any right to be effectively exercised, it is imperative to create an enabling environment that supports the aspirations and voices of children. This environment should prioritize their safety, well-being, and active participation. As adults, it is our responsibility to ensure that children are empowered to exercise their rights without fear of reprisal or adverse consequences. By creating safe spaces for open dialogue, facilitating platforms for children to express their concerns, and fostering a culture of inclusivity, we can help instill confidence in children, encouraging them to exercise their rights.

The Universality of Children's Rights:

Reflecting on my master's thesis exploring the universality of human and children's rights, I am reminded of the ongoing debate surrounding this subject. The question remains: Are children's rights truly universal? While the notion of universality suggests that these rights are inherent and applicable to all children, the reality often presents challenges in their practical implementation. It is essential to continue advocating for the rights of children, bridging the gap between legislation and practice to ensure their universal recognition and realization.

Conclusion:

As we celebrate the Children Act 2022 and its provision in Section 28 (1) granting children the right to assemble, picket, and air their views, we must critically examine the current state of affairs in Kenya. The limited exercise of constitutional rights by adults raises concerns about the extent to which children can truly believe in their rights to participate in civil society. By fostering an enabling environment that supports their active engagement, we can empower children to exercise their rights confidently. It is our collective responsibility to bridge the gap between legislation and reality, ensuring the universality of children's rights is realized in Kenya and beyond. The stories we write, our children will read and live them!