23/11/2022
Article 53 of the Kenyan Constitution spells out that
(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 s*x and age.
(2) A child’s best interests are of paramount importance in every matter concerning the child.
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