According to the 2019 national census, 39 per cent of the 47.6 million Kenyans comprised children aged 15 years and below with the total number of minors (under 18) making up almost half of the population.
But more often than not, whenever child participation is discussed, protagonists claim that children have nothing to say about state affairs and that they are there to be seen and not heard and obey adult instructions.
Kenya is a signatory to key international legal instruments on child rights, including to participation. These include the UN Convention on the Rights of the Child (UNCRC, 1989) and the African Charter on the Rights and Welfare of the Child (ACRWC, 1990).
Article 12 of the UNCRC provides for the right of children to participate in all matters that affect their lives, depending on their evolving capabilities. The right is also provided for in national laws and policies, including the Constitution and the Children Act.
Political process
Child participation processes should be guided by key child rights principles—including the best interests of the child, non-discrimination and ensuring survival development and related freedoms.
The ongoing political process leading up to the August 9 general election has grossly exposed our collective breach of children’s rights to participation. We are treated daily to scenes of adults shaping the election agenda, airing their views on their preferred political candidates and laying down their expectations of the winners. But the children are yet again left at the periphery of these processes, making them passive observers.
The government is the key duty bearer concerning the full implementation of child participation and other fundamental rights in the best interests of the child. Over the years, the Department of Children’s Services has worked with child-focused civil society organisations to empower children, the youth and communities on child participation.
Child participation structures
That has led to creation of numerous child participation structures—such as a national children’s parliament, child rights clubs in schools and county and national forums through which children meet and air their views on matters concerning their welfare.
The forthcoming elections have a direct impact on the lives and welfare of children since key issues that define the ongoing dialogue and campaigns focus on fundamental rights of children. These include the right to life, survival, health, education, food, decent shelter and general protection from abuse and neglect. From a child rights perspective, it is unacceptable for adults to exclude children from these discussions; they should obtain their views on their current situation vis-à-vis the numerous proposals by the aspirants.
It is worrying that key political players continue to largely ignore the existing structures of child participation. This, in essence, means that the outcomes of the elections will exclude Kenya’s critical children’s mass, discriminate against their views and, by extension, not consider their best interests.
The government, political parties, individual political aspirants and other constitutional bodies mandated to oversee the political processes need to utilise existing ways of engaging children and develop new ones to shape the country’s political agenda.
In addition, they need to empower children on the ongoing processes; share their agenda and manifestos with them; provide spaces for children to share their views; commit to specific actions of ensuring that the rights of children are upheld in the post-election era; and agree on clear accountability mechanisms in implementing the children’s agenda once they ascend to power.
Child-focused civil society organisations are ready to complement these efforts by mobilising children, educating the minors on their rights to participation in socioeconomic and political processes and ensuring the application of good practices in effective and meaningful child participation. Gone are the days when children in Kenya were there to be seen. We must work together to ensure that they are heard, for that is their right!
Mr Mailu is the director of national programs and quality at SOS Children’s Villages Kenya. [email protected]