Child abuses in Kenya

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Table of content
Introduction………………………………………………………………………………………..2
Definition of child abuse ……………………………………………………………………….…2
Physical child abuse…………………………………………….....................................................2
Corporal punishment………………………………………………………………………………3
Cases of Physical abuse……………………………………………………………………...……3
Measures used to curb corporal punishment………………………………………………………3
Sexual abuse in schools………………………………………………………………...…………4
Evidence of sexual abuse of CSA in schools………………………………………………..…….4
Measures to curb sexual abuse in schools………………………………………………………....5
Child Sexual Exploitation (CSE).....................................................................................................5
Bullying ……………………………………………………………………………………….….6
Child Trafficking …………………………………………………………………………………7
Emotional abuse…………………………………………………………………………………...8
Stakeholder………………………………………………………………………………………..8
Challenges facing child protection…………………………………………………………….....10
Recommendations………………………………………………………………………………..13
Conclusion………………………………………………………………………………….……13
Reference……………………………………………………………………………………...…14

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Introduction
Child abuse has been an old issue but still emerging in our today’s world. Most teachers
are not aware that through their actions that they are abusing pupils and students entrusted to
their care thinking that they are assisting in the development of having a moral being.
Children/students desire an environment that is safe for their learning, playing and development.
According to Lieten (2015) that Kenya is ranked sixth out of 52 African States in terms of child
friendly policies from the First African Child Policy Forum report on the well-being of the
African Child (ACPF 2008).
The issue of child abuse and protection is not only in Kenya but also in a global issue that
has affected each country in her own way. Some of the abuses are done out of ignorance holding
on the phrase “spare the rod, spoil the child”.
This essay shall explore the concept of child abuse and protection, various forms of abuses and
ways of protecting children from abuses and will focus more on primary and secondary schools.
The panel work shall further look at the challenges and recommend ways of addressing such
challenges.
Definition of child abuse
A child by convections and other document have defined as any one below 18 years of
old. Both the UNICEF and Africa Charter on the right and welfare of the child (1999) agreed on
the definition. According to National Society for the Prevention of Cruelty to Children (2016)
defined child abuse as any action by anyone/person (adult or child) that causes significant harm
to a child. Furthermore, the abuses include physical, sexual or emotional, lack of love, care and

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attention. Other negative consequences as noted by Suffla, Taliep and Ismail (2012) also
negative social and occupational outcome.
McGill (2012) noted that child abuse is any willing action that affects the child proper
development and some behavior that endangers the child’s health, survival and well-being are
noted as being abuse.
Kenya Violence Against Children Survey (KVACS) in 2010 funded by UNICEF noted
that from household level survey that more than 3000 young people reported that violence
against children in Kenya is a serious problem. The report further noted that prior to 18 age of
years as reported by 18 to 24 old that 32% of females and 18% of males experienced sexual
violence, 66% of female, 73% of male experienced physical violence, 26% of female, and 32%
of males reported to have experienced violence. It is followed that 13% of females and 9% of
male experienced all three types of violence during childhood. This is a proof that child abuse in
Kenya is in existence.
Physical child abuse
This form of abuse is more pronounced in most of the Kenya schools. NSPCC (2016)
defined child abuse as deliberate hurting of a child causing injuries such as bruises, broken
bones, burns or cuts. It is followed that causes a long lasting memory in the student’s minds.
Mwiti (2006) that it involves various form of physical injury intentionally inflicted on the student
either by parent/teacher/caregiver through beating with either hands or objects. This argument
holds that physical punishment is meant to correct misbehavior in a learner/child.
This study shall focus on corporal punishment.

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Corporal punishment
Educational Act section 11 and 14 as of 2006, gives authority to only head teachers the
right to administer corporal punishment by use of cane and only in extreme and chronic
misbehavior such as “grave neglect of work, lying, bullying, gross insubordination, indecency,
truancy”. The Section also noted that there must be a witness, detail punishment record with
offence committed and the strokes administered (Mwiti, 2006). Before then, in 2001 corporal
punishment was outlawed in Kenya through Legal Notice No 56 of 2001 and a circular issued
regarding ban of corporal punishment.
According to Action Aid international (2013) report that from the baseline survey carried
in 2009 that 80% of girls were being beaten as compared in 2013 although girl who are been
whipped showed an increase from 50% in 2009 to 70% in 2013. The report further pointed that
other forms of physical punishment include squatting and knelling for a long period of time.
Cases of Physical abuse
Mwiti (2006) showed many cases that exited in both primary and secondary schools.
First, was of a teacher who threw a stick at a group of pupils making noise that ended making the
boy to loss his eye. Next, was a 14-year-old boy who died after a teacher punched and kicked
him. In addition, another was a teacher who beat a 12-year boy into unconsciousness for failure
to answer a question correctly. The most recent was reported on Thursday 3 March 2016 that a
form four student was hospitalized after being beaten by teachers. The story has it that two
teachers ordered the entire class of 56 to parade under scorching sun for more than 30 minutes,
afterwards; they were caned with cypress twigs. This is an evidence that corporal punishment is
prevails. This main issue is that teachers have not internalized that corporal punishment is a
crime.

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Measures used to curb corporal punishment
The Right to Free and Compulsory Education Act 2009 Article 17 states “(1) no child shall
be subjected to physical punishment or mental harassment”.
Article 29 of the constitution that every person “has the right to freedom and security of the
person includes the right not to be (c) subjected to any form of violence from either public or
private sources (e) subjected to corporal punishment or (f) treated or punished in a cruel, in
human or degrading manner.” (Global Initiative to End All Corporal Punishment of Children,
2016)
Other measures through the ministry of Education include the strengthening of guidance and
counseling division as alternative to corporal punishment as it will change the learner but
knowing the root causes of such behavior can help the learners so much. Further interventions
include development of Child Right curriculum at pre-school (ECD) and teacher training
colleges. Life skill in the last 3 to 4 years of primary school done through the ministry of
Education and collaborative effort with NGO, Kenya Human Rights Commission (KHRC) to
develop and disseminate a Human Rights Handbook for Primary schools which is done to protect
children (United Nations Secretary-General’s study on violence against children).
Sexual abuse in schools
From the study of Ruto (2009) pointed to the fact that there is an evidence of sexual abuse in
schools and it is ever growing. The finding recorded from police report; accounted case of 1987
in 2001 and 2908 in 2004 shows 46% increase and this record did not include unrecorded cases.

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NSPC (2016) argued that a child is sexually abused when they are forced or persuaded to
take part in a sexual activity and can even happen online. It followed that online sexual abuse is
not general seen by children as abuse.
Sexual abuse entails having canal knowledge of a woman or girl without their consent.
However, it applies to those above 16 but for those within 16 and below is term as defilement
according to the Kenya’s law even with their consent including those with metal disability. The
law affirms that there cannot be consent with anyone within 16 and below.
According to Kiema-Ngunnzi (2014) that CSA is the consensual or non-consensual
handling or directing of a child’s body or emotion towards sexual acts.
NSPPC (2016) distinguishes CSA into contact and non-contact abuse. Contact abuse is
where an abuser makes physical contact with a child, which involves touching activity and
penetration. Both can be done through sexual touching of any body part of the child, rape,
penetrating of the genital organ, by putting an object or body part inside a child’s mouth, virgina
or anus, encouraging or forcing a child to take part in sexual activity, and making the child to
masturbate. Whereas, the non-contact involves non-touching activities such as: grooming,
exploitation, persuading a child to engage into sexual act over the internet. The action or
activities to notice are: like encouraging a child to watch or sexual act, grooming of the child
with intend of abusing them, exposing them to pornography and online sexual abuse. These
abuses entail, sending or posting sexually explicit images of themselves, taking part in sexual
activity via a webcam or Smartphone or having sexual conversations by text on online and this
minors might be persuaded or forced to engage in such act.

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Evidence of sexual abuse of CSA in schools
According to Kiema-Nzinnzi (2014) from the report by Center for the study of
Adolescent on May 6th 2008 seems to have found that most teenage pregnancies in Primary
schools could have been caused by teachers. Furthermore, out of 13 CSA cases reported to TSC
in 2010, one teacher had abused 20 girls and there is indication that many teacher charged with
sexual abuse seemed to have abuse more than one student. Kiema-Nzinnzi (2014) noted that
TSC are not interest in the collating data on abuse of children. In 2009 Daily Nation report that
there was up to 12660 girls sexually abused by teachers over a period of five-year (2003 -2007)
and 633 teachers were charged for sexual abuse of their students (Siringi, 2009).
In South Africa, Kinnear (1995) noted that both teachers and students are offenders of
CSA. From the Human Watch study (2002) found that girls were raped in school bathrooms,
empty classrooms, hallways, in hostels, and dormitories. This is not far from Kenya situation.
Ruto (2009) pointed the findings of Johnson (2004) that base on 1,100 sample of children in
Nairobi, that 50% children had being sexually harassed while 10% had being forced into sex and
rape/defilement of children ranges from 10% to 27%. Ruto (2009) also noted that students who
initiate contacts with their teachers are primarily for material gain in terms of pocket money.
Daily Nation of Friday March 11, 2016 reported that the perpetrators of CSA and harassment are
pre-dominantly the children themselves. According to the findings of Dr. Sarah Ruto of Women
Educational Researchers of Kenya (WERK) that 2010 pupils in 79 public participated in the
research. The findings was that nearly six in 10 children are verbally abused by their peers using
words with sexual connotation referring to their private parts such as “stupid”, “mad”, and
“dog”.

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Measures to crumb sexual abuse in schools
According to Nambakwe (2010) argued that sexual violence in Kenyan schools are
addressed into main channels. First, is a disciplinary mechanism that is employed by Teachers
Service Commission (TSC) and the criminal justice system which involves the police and the
court of law and non-actors like African Network for the prevention and protection against Child
Abuse and Neglect (ANPPCAN) and Centre for Rights Education and Awareness (CREAW).
The TSC in regards to CSA issued a circular N03/2010 on “Protection of Pupils/Students from
Sexual Abuse” and ways in which a case can be valid (find the attached of the circular on
Appendix A) (TSC, 2010).
Nambakwe (2010) noted that CREAW and ANPPCAN provide support to take the case
to the legal authorities as a criminal matter. The two actors in Child protection developed a child
protection and response systems where a child help desk is within the school and a community
member is placed in order to receive cases on behalf of the girl that have been sexually abused or
exploited. This approach is to reduce the risk of victimization by teachers and school
administrators because almost all of them are not trained to handle such cases. The community
member is to report the cases of CSA to relevant authorities (head teacher, children’s office or
directly to the police). The main goal of the community member is to get the perpetrator(s) of the
CSA charged, prosecuted, and sentenced.
The main challenge as noted is the presentation of an evidence of a CSA. Most of the time, the
cases do not go far because evidences are not well preserved. For example, if a girl is sexually
abused by the teacher, she is so scared, runs to the bathroom and washes herself off, and then
come and reports it after one week. Assuming the police can take it up, there is nothing that they
can do because the evidence was buried (Interview with ANPPCAN staff, 2010).

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The Kenya law has made it clear that “a child shall be protected from sexual exploitation
and use in prostitution, inducement or coercion to engage in any sexual activity, and expose to
obscene material” (Article 13).
CSA showed that female students are more at risk as compared to male. CSA is more
complicated as it requires proof and so it more handle with care.
Child Sexual Exploitation (CSE)
CSE is described by NSPCC (2016) as a type of sexual abuse in which children trade
their body for other resources. In a more deeper definition is seen as where young people below
18 receives something (such as food, accommodation, drugs, alcohol, cigarettes, affection, gifts,
money) as a result of them performing or others performing on them, sexual activities. This
proposition further pointed to the fact CSE can occur through the use of technology without the
child immediate recognition of being persuaded to post sexual images on the internet/mobile
without immediate payment or gain. This is possible with the presence of Smartphone being used
by students and interactions are without boundary. A recent research pointed that young people
are vulnerable mostly because of their social/economics/intellectual and economic vulnerability.
In a study conducted by UNICEF showed that sex tourism and sexual exploitation indicated that
30% of all children 12-18 years old living in the coastal areas of Malindi, Mombasa, Kilifi,
Mtwapa and Diani are involved in casual sex work as of 2006 (Mwangi, 2014). Similarly,
UNICEF baseline in 2009 estimated increase among boys and girls age 12-14 years participating
in sexual encounters with adults for money from 30,000 in 2006 to 50000 in 2009 also noting
that is seasonal and the local sustains the exploitation during the low tourism season.

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Mwangi (2004) from reports among children Kesho Organisation and Newspapers noted that
boys and girls in boarding schools and university students are at high risk of sexual exploitation
from offering their sexual favours to teachers in return for high grades or in-return for releasing
their grades and leaving certificates. There are only few cases of such is reported.
Some of the consequences of such are the early pregnancy, school dropouts, spread of STDs and
STIs and hung psychological trauma. The Kenya government enact Kenya Sexual Offences Act
(SOA) 2006.
Bullying
Bullying is common in schools and forms an aspect in which a child can be abuse.
According to LaSalle primary school anti-bullying policy (2014) defined bullying as a repeated
aggression that can be verbal, psychological or physical which can be conducted by an individual
or group against another or others and the intention is to cause fear, distress or harm.
LaSalle primary have establish a preventive measures to avoid instances of abuse within the
school among students and even teachers. The measures are being stated in Appendix 2.
Child Trafficking
According to NSPCC (2016) child trafficking is a form of child abuse. Children are being
recruited, moved or transported and then exploited, forced to work or sold. Mwangi (2014)
argued from ANPCANN programme fact sheet that 17500 Kenyans are trafficked annually.
From the research conducted by Integrity Research and Consultancy (2014) states that, class
eight in schools are more vulnerable to be trafficked and exploited. It follows that after their
class Eight without opportunities to further their studies seeks for informal employment and also
parents encouraging their children to be independent.

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The fact that these children are seeking for better life, they are also at great risk. For instance;
they might be forced into domestic work with risk of been maltreated, sex work. Mostly, these
children are trafficked out of deception like promise of better life, education or work
opportunities.
The research of Integrity Research and Consultancy (2014) noted three key stakeholders such as:
(i) those directly involved in child trafficking (relatives, parents, friends, and cartel); (ii)
complicates in trafficking and (iii) members of the community who either ignore or fail to report
cases when they are aware. Most of the trafficked are from low income families.
EMOTIONAL ABUSE
A child emotionally injured/abused if there is substantial and observable impairment of
the child's mental or emotional functioning that is evidenced by, amongst other things, a mental
or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed
development (Laws of Malaysia-child act, 2001). These signs do not manifest at once. They
gradually affect the child’s life due to continuous abuse. Emotional abuse in most cases is linked
to all the types of abuse such as neglect, sexual abuse, physical abuse and exploitation (UNICEF
Malaysia, 2010). All these types of abuse leave the child emotionally devastated. For example, in
a school where teachers call this12year old boy names like, ugly face, dog face and many others,
the boy begins to feel worthless among other boys. He begins to believe that he is actually ugly
and such he is useless and then low self-esteem sets in and much deeper, depression.
According to UNICEF Malaysia (2010), emotional abuse includes humiliation,
withholding of love, blaming, frightening, threatening, terrorizing, discrimination, ridiculing, and
other non-physical forms of rejection or hostile treatment. Emotional abuse can damage a child’s
physical or mental health as well as impair the child’s physical, mental, spiritual, moral or social

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development. According to child help (2010), 85.9% of child abuse consists of neglect and
psychological maltreatment –in other words, emotional abuse
Curbing emotional abuse
1) Teachers and caregivers should not call students names that portray their negative
side.
2) Each student should be complimented on any task accomplished successfully and also
comments that will humiliate the student should be avoided.
3) Teachers and caregivers should always apologize whenever they have hurt the child
and they know it is their (teacher or care giver) fault.
4) Behaviours that need correction should be addressed appropriately without hurting
the child.
Stakeholder
There are various stakeholder involved in the protection of child against abuse. The list can be
found on Appendix 3.
Challenges facing child protection
CP in Kenya has not been successful because of the following:
1. Poor law enforcement ;
2. Lack of knowledge and skills on teachers particularly on rights, reporting and referral
procedures;
3. Lack of support from local leaders
4. Persistence of inappropriate cultural practices
5. Parent and schools trying to retain their reputation

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Recommendations
1. Government and stakeholders should strength various actors like police, teachers, chiefs,
village elders and doctors through capacity building of knowing the harms and laws
connected to child abuse.
2. Ministry of education should ensure that all schools have a protective policies and
measures to deal with child abuse.
3. Having a Helpline number both for the school and police visible to students or personnel
the students to report to.
4. Mass sensitization that enable community members to change their attitude towards harm
cultural practices that might the students,
5. Government and private sectors (NGOs) to empower families to reduce child exploitation
and neglect
6. Provision of deeper curriculum which caters to learners how to protect and report any
form abuse done to them.
7. Government should create a curriculum for police on handle child protection issues.
8. Inclusion of students in decision making in schools and BOGs meetings, so that student’s
interest will be taken into account.
Conclusion
Conclusively there have been many cases of child abuse in primary and secondary schools
mostly by the teachers and child sexual abuse seems to be dominant. This has made stakeholders
to put measures like polices to reduce child abuse in schools. Also, the laws have been it clear
that even those who are aware of abuses and not reporting can be held responsible in the cases of
abuse. Kenya, from the research seems to have curb child abuse through the Children Act 2010.

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In addition, Children's services are responsible for taking appropriate action to protect the
children from abuse and also, schools should take part in the multi-agency meetings that discuss
child protection plans so that they are able to support the child effectively in school. It is the duty
of all citizens to protect children from abuses. Children have right to live in a safe environment
free from abuses.

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