International Law and Regulations on Child Trafficking in Kenya
Njoroge, Mary Nduta
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The resolve of the study was to examine the International Law and regulations on Child trafficking in Kenya. Despite the protection of Children through ratification of international legal instruments in Kenya and the subsequent domestication of these laws such as, enacting the Counter-Trafficking Act, 2010 and Children’s Act of 2001, Child trafficking still remains an imminent challenge as the number of Children victims of trafficking is soaring. The objectives of the study were to; examine the international legal framework applicable towards addressing Child trafficking in Kenya, assess the extent of Kenya’s compliance with its international obligation towards addressing Child trafficking and analyze the challenges in efforts to address Child trafficking in Kenya. Critical legal theory was used to examine the nature of law as an ideologically driven form of power used to serve the interests of the elite in the society to study the nature of Child trafficking treaties in Kenya. The research used exploratory research design. This enabled the collecting of data on several variables which were then examined for recurring patterns using thematic analysis later presented as themes. The target population encompassed the; Ministry of Labor and Social Protection- Department of Children Services, National Council of Children Services, Immigration department National Police Service, Kenya National Human Rights Commission, Kenya Alliance for the Advancement of Children Rights, Child Helpline Kenya, Trace Kenya, Counter Human Trafficking East Africa, Consolation East Africa, Stop the Traffik Ke, Love Justice International, Okoa Sasa, and the Salvation Army. The study used purposive and snowballing sampling techniques. The unit of analysis was the International Law and regulations on Child trafficking. The researcher obtained the list of registered Child trafficking case reports from Kenya Law website. Data was collected guided by the interview schedules. Phone interviews were used in cases where the key informants were working from home as per the Covid -19 regulations. A total of 30 key informant interviews were conducted and follow up interviews in some cases. The validity and reliability of the interview guide was determined through a pilot study in Kenyatta University main campus in the department of International Relations, Conflict and Strategic Studies. Document analysis were used to enhance thematic analyses. The data collected was analyzed and presented in tables, pie charts, and percentages. The qualitative findings were analyzed by content. The overall conclusion of this study was that Kenya’s implementation of anti-Child trafficking laws was lax. Kenya is a Child-friendly nation; however, a lot needs to be done to implement Child protection laws and awareness creation.