The Care and Protection of Child Parents Bill, 2023

Background

In Kenya, a significant number of girls drop out of school due to pregnancy and face societal stigma, lack of support, or outright refusal by schools to readmit them. While the Ministry of Education formulated National Guidelines for School Re-Entry in 2020, challenges persist. The Care and Protection of Child Parents Bill, 2023, establishes a statutory framework to protect the constitutional rights of these children to health and education, mandating state-backed support and care structures.

Key Provisions

• Obligations of National and County Governments (Sections 4 & 5): The National Council for Children's Services is tasked with implementing capacity-building programmes for child parents and addressing educational barriers. County governments must put in place management plans for social and childcare services, establish public care centres, and integrate child parents back into society.
• School Dropout Prevention and Re-Entry (Part III): Basic education institutions must formulate management plans to handle and support pregnant learners. Institutions must keep cases confidential and are prohibited from forcing pregnant learners to attend separate programmes from their peers.
• Establishment and Management of Care Centres (Part IV): Counties are permitted to establish public care centres near basic education institutions. Private entities must apply to the county executive committee member for registration and licensing, backed by a location assessment report conducted at least once every four years.
• Inspection and Safety (Part VI): Appointed county inspectors are granted powers to enter care centres at reasonable times, interview personnel, and inspect or photocopy relevant records to ensure compliance with occupational health and safety regulations.

New Obligations

• Principals and Teachers: School principals must refer suspected pregnant learners to health facilities for voluntary medical examinations (Section 11), provide counselling (Section 13), and report adult perpetrators to authorities (Section 15).
• Parents and Guardians (Section 18): Parents or guardians of pregnant children remain legally responsible for their welfare, health monitoring, and ensuring they continue their education after delivery.
• Care Centre Managers (Section 30): Licensed managers must submit an annual management and compliance report to the county executive committee member and the Council within three months of the end of each financial year.

Penalties

• Refusal of School Re-Admission (Section 20): Principals or board members refusing to readmit a child are liable to a fine not exceeding KSh 500,000, imprisonment for up to six months, or both.
• Operating Unlicensed Care Centres (Section 24): Operating a care centre without a valid licence carries a fine of up to KSh 500,000, imprisonment for up to one year, or both.
• General Penalty (Section 40): For any offence under the Act where no penalty is specifically provided, the offender is liable to a fine of up to KSh 3,000,000, imprisonment for up to two years, or both.

Transitional Provisions

Under Section 42, any care centre registered under other laws prior to the commencement of this Act is temporarily deemed registered. However, the county executive committee member may issue a written notice requiring the manager to formally apply for registration under this Act within three months, failing which the care centre's deemed registration ceases.