Children’s Act (2022)
Your Child’s Rights. Protected by Law.
This law makes the “Best Interests of the Child” the primary consideration in all decisions. It specifically grants new, powerful rights to children with disabilities and intersex children.
1. Rights of Children with Disabilities (Section 20)
(This is the “Golden Section” you asked to quote)
“A child with disability shall, in addition to the rights guaranteed under the Constitution, have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education and training free of charge.” — Section 20(1)
What this means for you:
Free Service: Government facilities cannot charge you for “special care” or basic medical treatment for your child’s disability.
No Discrimination: A school cannot deny your child admission solely because of their disability. They must provide “appropriate” education.
2. Intersex Children (Section 21 & 23)
(A historic first in Kenyan Law)
Legal Recognition: For the first time, “Intersex” is recognized as a specific category. Your child has the right to be treated with dignity and to receive special care and social protection.
Ban on Surgery: The Act classifies non-consensual gender-normalizing surgery as a “Harmful Cultural Practice.”
It is now illegal to perform surgery to change or remove a child’s organs (to make them look “male” or “female”) unless there is a medical emergency or a doctor’s recommendation based on the child’s best interest.
Why this matters: This protects your child’s right to bodily autonomy until they are old enough to decide for themselves.
3. Family-Based Care (No More Orphanages)
The Shift: The law now prohibits placing children in “Charitable Children’s Institutions” (orphanages) as a first option.
Priority: The priority is to support YOU (the biological family) to keep the child. If that fails, the next steps are Foster Care, Guardianship, or Adoption—not an institution.
Benefit: This means government resources should be directed to helping families stay together, rather than funding orphanages.