The Politics of Defining a Child: Re-examining the Age of Criminal Responsibility, Minimum Age of Sexual Consent and Age of Admission to Employment in Kenya

Abstract

Kenya is a signatory to a number of regional and international conventions that provide an explicit definition of a child. At the domestic level, The Constitution of Kenya 2010 has provided an explicit definition of a child. It would therefore seem that, for Kenya, the real identity of a child is a forgone conclusion. However, through a critical examination of child rights themes of age of criminal responsibility, minimum age of sexual consent, and age of admission to employment, this analytical study concludes that the definition of a child in Kenya is still hazy, Constitutional stipulations notwithstanding. The study recommends that Kenya deliberately consolidate its legislative provisions on the definition of a child to address apparent gaps.