CHILD ABUSE AND

PROTECTION
Focus on Kenya Primary and secondary schools

Introduction

What happens when you find yourself in

an unsafe environment?
Can learning take place with fear?
Have you been ever abused in life
(physical, sexual, emotional, neglect,
)? What was the feeling like?

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).

Definition of child abuse

Anyone below 18;

child abuse as any action by anyone/person (adult
or child) that causes significant harm to a child
(NSPPC, 2016)
Child abuse is any willing action that affects the
child proper development and some behavior that
endangers the childs health, survival and wellbeing are noted as being abuse (McGill, 2012)

Statistical backup

Household level survey that more than 3000 young people

reported that violence against children in Kenya is a
serious problem;
prior to 18 age;

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
13% of females and 9% of male experienced all three types of
violence during childhood
(Kenya Violence Against Children Survey (KVACS) report in 2010)s

physical child abuse

NSPCC (2016) defined child abuse as

deliberate hurting of a child causing
injuries such as bruises, broken bones,
burns or cuts;
Mwiti (2006) that it involves various form
of physical injury intentionally inflicted
on the student either by
parent/teacher/caregiver through

Corporal punishment in schools

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.

In 2001 corporal punishment was

outlawed in Kenya through Legal Notice
No 56 of 2001 and a circular issued
regarding ban of corporal punishment.

Statistical evidence

According to Action Aid International

(2013) that:

the baseline survey carried in 2009 pointed

that 80% of girls were being beaten as
compared in 2013;
whipping of girls increase from 50% in 2009
to 70% in 2013

cases of physical abuse in 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;
14-year-old boy who died after a teacher
punched and kicked him;
a teacher who beat a 12-year boy into
unconsciousness for failure to answer a question
correctly (Mwiti, 2006)

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

measures used to curb corporal punishment in schools

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)

strengthening of guidance and counseling division as

alternative to corporal punishment
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
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

Sexual abuse in schools

Short clip

The finding recorded from police report

that there was reported cases of 1987 in
2001and 2908 in 2004. This shows 46%
increase and this record did not include
unrecorded cases

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 Kenyas law even with their consent
including those with metal disability. The law affirms that
there cannot be a consent with anyone within 16 and below.

Kiema-Ngunnzi (2014) that CSA is the

consensual or non-consensual handling
or directing of a childs body or emotion
towards sexual acts

CSA can be 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 childs mouth,
vigina or anus, encouraging or forcing a child to take
part in sexual activity, and making the child to
masturbate.

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 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.

Statistical report of CSA

2009 Daily Nation report that

12660 girls were sexually abused by

teachers over a period of five-year (2003
-2007) and 633 teachers were charged for
sexual abusing of their students (Siringi,
2009)

Kiema-Nzinnzi (2014):

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;
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

CSA in schools can happen in:

school bathrooms, empty classrooms,

hallways, in hostels, and dormitories

Measures to reduce CSA 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
TSC 2010 circular N03/2010 on Protection of
Pupils/Students from Sexual Abuse
NGOs, Police

Challenge

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 ANPPCANstaff, 2010).

Child Sexual Exploitation (CSE)

a type of sexual abuse in which children

trade their body for other resources;
young people below 18 receives
something (such as food,
accommodation, drugs, alcohol,
cigarettes, affection, gifts, money,
grade) as a result of them performing or
others performing on them, sexual

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).
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 it is seasonal and the local sustains
the exploitation during the low tourism season

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 inreturn for releasing their grades and

Bullying

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.

Child Trafficking

Children are being

recruited, moved or
transported and then
exploited, forced to
work or sold
ANPCANN programme
fact sheet showed that
17500 Kenyans are
trafficked annually

From the research conducted by

Integrity Research and Consultancy
(2014) 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

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-

Challenges facing child protection

Poor law enforcement ;

Lack of knowledge and skills on teachers
particularly on rights, reporting and referral
procedures;
Lack of support from local leaders
Persistence of inappropriate cultural practices
Parent and schools trying to retain their reputation

Worthless child

Recommendations

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.
Ministry of education should ensure that all schools has a protective policies and
measures to deal with child abuse.
Having a Helpline number both for the school and police visible to students or a
personnel the students to report to.
Mass sensitization that enable community members to change their attitude towards
harm cultural practices that might the students,
Government and private sectors (NGOs) to empower families to reduce child exploitation
and neglect
Provision of more deeper curriculum which caters to learners how to protect and report
any form abuse done to them.
Government should create a curriculum for police on handle child protection issues