An Analysis of the Department of Children Services’ Role in Protecting Children From Child Sexual Abuse in Kenya

Abstract

According to the Children Act 2001, one of the critical mandates of the Department of Children Services (DCS) is to safeguard and protect children’s rights and welfare, which includes protecting children from child sexual abuse (CSA). Nonetheless, despite the DCS’s numerous efforts and initiatives over the years, the prevalence of child sexual abuse in the country remains high. As a result, this research aims to assess the extent to which the Department of Children Services has implemented the Children Act to protect children from child sexual abuse. This is discussed by examining the department’s accomplishments and challenges in carrying out its mandate. This is achieved by employing a qualitative approach to solicit the perspectives of children officers on the accomplishments and challenges in various Kenyan counties. This study also examines best practices from other jurisdictions, such as the United States of America and Singapore, to learn about the measures enacted to protect children from child sexual abuse. The study reveals that the Department of Children Services’ inability to protect children from child sexual abuse adequately limits its ability to fulfil its role and mandate under the Children Act. The study also reveals and recommends that the Department of Children Services can sufficiently protect children from child sexual abuse only if it addresses the internal challenges that impede its efforts. Additionally, it can only fulfill its role once it receives much-needed support from the National Government to promote its initiatives. It is also worth noting that this study was conducted between 2020 and 2021, before the enactment of the Children Act No. 29 of 2022, which repealed the Children Act No. 8 of 2001 and took effect on 26th July 2022