The Street Children Phenomenon A Qualitative Study On The Legal Status And Plight Of Street Children In Kenya

ABSTRACT

The rapidly growing numbers of street children is a new African problem that besides the ever

present fear of unmanageable numbers however, there are many other equally compelling

reasons for seeking sustainable solutions with which to respond to this problem. Notable among

these are two international conventions - the World Declaration on Education for a111 and the

World Declaration on the Survival, Protection and Development of Children2.Both of these

conventions are directly applicable in this study, in the sense that they explicitly affirm the right

of every child both to education as well as other basic needs.

The search for appropriate responses to this relatively new, yet rapidly escalating phenomenon,

has taken different forms and direction in different countries in the region.

There are many a1ticles and repmts on the street children of Kenya that provide valuable

statistical data and generalized information regarding their life, circumstances and survival

strategies. These studies are commissioned by various aid agencies in collaboration with the

Ministry of Youth & Gender Affairs or private consultants.

In most western-based recent published studies on children and childhood3

, the repmts are

concerned with social policies addressing family welfare, leisure, health and education. This is

also reflected in specific Articles found in the Conventions of the Rights of the Child. Among

issues, the Convention4 cites children's right to adequate shelter5

. Right to live with their parents

and in a family environment6

, their rights to be protected from maltreatment by parents and

others7

, Their right to play and to recreational opportunities8

, their right to the highest

attainable standard of health 9 and even their right to a cultural identiti0

. While International

Aid Agencies may try to accommodate some of the needs of street children like adequate shelter, health and education, it is difficult to imagine how their right to a cultural identity could be

upheld.

This dissertation seeks examine the street children phenomenon in Kenya in terms of

classification , root causes, challenges faced by the street children, policy and legal framework

for the protection and best responses for the problem.

The study will also focus on the rights of the child under international and domestic law and the

extent to which street children enjoy those right, Including the right to care and protection,

education, health care, shelter and other rights that guarantee basic necessities of life. The study

will end with recommendation measures that seek to promote the right of street children m Kenya.