President Uhuru Kenyatta has signed a new bill into law dictating conditions under which minors can be separated from their biological parents.
Contained in the Children Bill assented to by the Head of State on Thursday, June 7, all children in Kenya have the right to parental care and protection and should live with their parents.
The amendment, however, provides that a child can be separated from their parents if the separation is in the child's best interest.
"A child may be separated from his or her parents where the Court or the Secretary determines that the separation is in the best interest of the child.
"Where a child is separated from his or her parents under subsection (3), the child shall be provided with the best alternative care available, in accordance with this Act or any other written law, giving priority to family-based alternative care," read the Right to Parental Care of the amended bill.
The child should, however, maintain regular contact with their parents while in the foster home.
"Every child who is separated from one or both parents shall have the right to maintain personal relations and direct contact with the parent or parents on a regular basis unless it is shown to the satisfaction of the Court that such contact is not in the best interest of the child.
"Where a child is separated from his or her parent or parents otherwise than under an order of the Court,
and without the consent of the parent or parents, the Secretary shall, on request by the parent or parents, facilitate the tracing and reunification of the child with the parent or parents," the Bill added.
The Bill further provides that in case siblings are separated from their parents, they should be taken into the same foster home.
Also, every child whose parent or guardian is unable to maintain has the right to social security.
The social security options include kinship care, guardianship, foster care, adoption, Kafaalah, temporary shelter and institutional care among others
According to the Borgen Project, it is estimated that over 2 million Kenyans do not have proper shelter, over 50 per cent of whom are minors.
It also shows that only two-per cent of construction target Kenyans in lower-income families. 68 per cent of Kenyans are without land documentation or tenure security which hurts their ability to find a home and house their families - in turn affecting the children's wellbeing.
It is estimated that over 300,000 children are living on the streets with 60,000 of them being in Nairobi.
