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FAQs

Frequently Asked Questions

Families provide better outcomes for children than institutions. The development of children in institutions is often delayed mentally, socially, physically and emotionally.

According to research, children in institutions are six times more likely to be abused than their peers in families. This includes; physical, emotional and sexual abuse.

Families provide sustainable, consistent and personalized care. Institutions deprive children of the consistent and personalized care that is needed for them to thrive.

 

Be transformed into community resource centres, where families and care givers can access training an information on parenting, farming, nutrition, financial management etc.

Become centres where care givers who have children with disabilities can bring children for a few hours as they go to work and attend other livelihood activities.

Be transformed into schools, health centres, training centres, libraries and other community service centres.

Children with disabilities have the right to be cared for and nurtured by their parents and not to be separated from their families

Children with disabilities are at a higher risk of violence (physical, emotional and sexual violence) within institution than other children. No child should be separated from his/her parents on the basis of disability of either the child or the parents.

Children with disabilities who can’t be cared for by the immediate family ca be supported to live with extended family and within the community.

The Children Act, 2022, The National Care Reform Strategy for Children in Kenya 2022-2032, The Guidelines for Alternative Family Care for Children In Kenya 2014

Kinship Care:

A private arrangement within the family environment whereby the child is looked after on a temporary or long-term basis by his/her extended family from either the maternal or paternal side, without being ordered by an administrative or judicial authority.

 Foster Care:

Placement of a child with a person who is not the child’s parent, relative or guardian and who is willing to undertake the care and maintenance of the child.

Kafaalah:

The Islamic mode of alternative childcare in which a person or family voluntarily commits himself/herself to sponsor and care for an orphan or any other child deprived of family care.

Adoption:

Is the complete severance of the legal relationship between a child and his/her biological parent(s) and birth family, and the establishment of a new legal relationship between the child and his/her adoptive parent(s).

Guardianship:

A person is appointed by will or deed by a parent of the child or by an order of the court to assume parental responsibility for the child upon the death of the parent of the child either alone or in conjunction with the surviving parent of the child or the father of a child born out of wedlock who has acquired parental responsibility of the child.

Kenya has enacted laws and policies to protect children's rights. The Children Act, 2022 serves as the primary legislation, emphasizing the rights and welfare of children. It addresses child abuse, neglect, exploitation, and provides guidance on child custody, adoption, and fostering. 

The government has also developed the National Care Reform Strategy for Children that emphasizes on the need for children to be cared for in families and communities as opposed to institutionalization.

The government has provided a conducive environment for which the non-state actors are facilitated to operate in the country. There is also an elaborate coordination mechanism to ensure that services that are geared towards protecting children are all synchronized. 

 

With support from UNICEF and other stakeholders, the government is currently developing a National Care Reform Strategy that is aimed at strengthening family-based care and reducing reliance on institutions.

The Children Act,2022 defines adoption as the process through which a child is permanently placed with a legal parent or parents in accordance with the Act

  • Kinship adoption: adoption in relation to which adoption of a child by a person who is a relative to the child.
  • Local adoption:  adoption in relation to which the child is resident in Kenya and the adopting parent(s) are Kenyan nationals and residents in Kenya.
  • Foreign adoption: adoption in relation to which the adopting parent(s) are Kenyan nationals with dual citizenship, are foreign nationals whether or not residents in Kenya, are Kenyan nationals but are biologically related to the child and the adopting parents were once Kenyans but have lost their nationality.

 

No

Except where the applicant is a biological relative of the child.

Adoption is the process through which a child is permanently placed with an adoptive parent(s).

Foster care is temporary placement of a child or children in the care of a person who is not the parent, relative or guardian of the child.

Guardianship is appointment of a guardian by will or deed by a parent of a child or by an order of court to assume parental responsibility over a child on the death of the parent of the child either alone or jointly with the surviving parent. A guardian can also be appointed to take care of the estate of a child.