53. Children
Official Constitutional Text
53. (1) Every child has the right—
(a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
(e) to 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; and
(f) not to be detained, except as a measure of last resort, and when detained, to be held—
(i) for the shortest appropriate period of time; and
(ii) separate from adults and in conditions that take account of the child’s sex and age.
(2) A child’s best interests are of paramount importance in every matter concerning the child.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article gives special protection to children and is one of the strongest children’s rights provisions in any constitution in the world.
Every child has the right to:
- A name and Kenyan nationality from birth
- Free and compulsory basic education
- Basic nutrition, shelter, and healthcare
- Protection from abuse, violence, harmful cultural practices, and child labour
- Parental care from both mother and father (whether married or not)
- Not to be detained except as a last resort, and if detained, to be held separately from adults with consideration for their age and sex
Most importantly: In all decisions concerning a child, their best interests must come first.