Child labor laws

Introduction

Although there is information regarding the child labor laws and regulations, there is limited

information on the degree of adequacy or competency of the legal frameworks on child labor in

Kenya. Child labor is known t be a global challenge and the population of the children in child

labor across the world stands at 215 million 1. According to the Kenyan constitution, a child is an

individual below 18 years. The issue of child labor is believed to be among the major

developmental challenges in Kenya. The constitution gives children rights and liberties to be

unrestricted and obligatory basic education. The children are also protected from abuse, inferior

treatment, and exploitation while the Employment Act (2007) prevents children from being

employed.

In Kenya, there are many laws and regulations governing matters concerning child labor. There

is the Kenyan Constitution, Children’s Act 2001, Sexual Offenses Act 2006 and Counter

Trafficking in Persons Act 2010 among other laws. These legal statutes prohibit all kinds of

hazardous child labor and also outlaw issues such as child trafficking and employment. Despite

the interventions of child labor laws, the issue has still been a global challenge with both local

and inter-state variations2. In 2016, the Kenyan government made bold moves to eliminate the

different forms of child labor. The legislators in parliament passed the National Policy on the

Elimination of Child Labor. The Kenya police also came up with new child protection

1
P Close, Child Labour In Global Society (Emerald 2014)

2
D Nanjunda, Child Labour and Human Rights: A Prospective (Gyan Publishing House 2008).
department that is involved in handling cases of child exploitation of the children. There are also

social programs established by the government meant to fight the worst cases of child labor.

Statement of the Problem

In Kenya, there has been a decline in the number of working children from 1.9 million in 1999 to

about 1 million recorded in 2008. But, the case does not include the children engaged in child

labor and operates from the streets. There are many legislative instruments that address the issue

of child labor in Kenya, but there is a lack of a consolidated legal framework on child labor. This

has challenged the efforts to contain the issue and it has continued to be persistent. The issues of

child labor have been on the rise in the country and with this has far-reaching implications for

the victims because of the many negative effects.

Research Justification

Many studies have been conducted regarding the issue of child labor, but there is not enough

information regarding the adequacy of the laws governing child labor in Kenya. The findings of

this study are meant to contribute to the understanding and appreciation of the knowledge o child

labor and the appropriate legal clauses to be consulted. The study also hopes to come up with

more knowledge that will further expand on the available information on child labor. Because

this study will critically analyze the child labor laws in Kenya, its findings may be important in

leading towards formulating more strict and superior laws and policies that will make sure there

are effective measures put in place to fight the persistent issues of child labor in Kenya. The

study is based on the best interest of the Kenyan child and thus, its findings will give important

background information that can be adopted while conceptualizing and formulating laws and

policies to manage child labor. The study also intends to stimulate the enactment of a statute to

address the child labor issues in the country.

The objectives of the study have been seen to fit in the long-term development plan of Kenya,

well-known as Vision 2030. In the long-term strategies highlighted in Kenya’s Vision 2020,

investing in the child is among the key goals and major social pillars. The study will most

importantly facilitate the realization of the goals and define whether the existing legal

frameworks on child labor are powerful enough to drive Kenya towards attaining the vision. The

study will also facilitate the understanding of the need for consensus between different acts of

legislatures. By addressing the gaps identified in the problem statement, the legislators will

establish a powerful framework that will make sure no group of children will be left vulnerable.

Research Objectives

1. The primary aim of this study is to evaluate the adequacy of the different child labor laws

in Kenya and how they are acting in the best interest of the children. The following

objectives are the main elements behind the study;

2. Assessing the adequacy of the Kenyan child labor laws and identifying the gaps seen in

these frameworks

3. To identify the effects of the gaps in Kenyan child labor frameworks protecting the

children from abuse and exploitation

4. To define recommendations on the measures to be taken to enhance and effectiveness of

the laws governing child labor in Kenya

Research questions

1. After considering the justification and objectives of the research, the following research

questions will give guidance in attaining these objectives;

2. Are the Kenyan laws on child labor adequate and competent? What gaps exist within

these frameworks?
 3. There problem statement has identified that there are gaps in the Kenyan legal measures

on child labor. What are the effects of these gaps on the policies formulated to fight the

child labor activities?

4. It is believed that different measures can be established to enhance the efficiency and

effectiveness of these legal statutes. What the some of these measures?

Hypothesis

The study is conducted on grounds that because of the persistence of child labor, there is lack of

adequate legal frameworks governing child labor in Kenya. The issue has been accompanied

with severe effects on the will to fight child labor in the country because there are many cases of

child labor despite the various laws in place. The issue of child labor has also been identified as a

major factor deterring the Kenyan dream of achieving its long-term vision 2030 where the

country aims at investing in people especially the children. The following presumptions will

guide the study towards achieving its objectives;

1. Although there are laws and regulations governing the issues related to child labor in

Kenya, these frameworks do not address all the issues related to child labor practices.

2. There are various efforts by the national policy to do away with the issues of child labor,

but the policy is not child-oriented and therefore, not effective.

3. The programs and state agencies accorded the role of dealing with child labor practices

have not been successful in meeting their agenda.

 Bibliography

Close P, Child Labour In Global Society (Emerald 2014)

Nanjunda D, Child Labour and Human Rights: A Prospective (Gyan Publishing House 2008).