CHAPTER ONE: INTRODUCTION TO THE STUDY

1.0 Introduction

This chapter explores the background of the study, statement of problem, objectives of the study, research questions, hypothesis, methodology and the significance of the study.

1.1 Background of the Study

The growing number of children without parental care has worrying implications for efforts to achieve the rights outlined in the Kenyan constitution.[1] Loss of parental care threatens children’s rights to Survive, be free from violence, abuse and exploitation, grow up in a supportive family environment, develop and learn, participate of course, the impacts of a loss of parental care on these rights vary enormously by factors such as age, gender and level of disability and the living situation of the child.[2] Overall, children without parental care are safest in family-based alternatives to parental care, such as fostering or kinship care.[3]

Cities in East Africa including Kenya are overcrowded with dense slums, squatter settlements and pavement dwellings, each home to thousands of children. Increasing rural poverty and corresponding urban migration continue to swell the numbers of people living in urban slums and on the streets.[4] Problems relating to rural unemployment, landlessness, river erosion, natural disaster, family conflict and weak laws cause rural families to leave their homes in search of better prospects in the urban centres.[5] This movement contributes to the disintegration of traditional family and community structures and results in an increasing number of children being exposed to deprivation and abuse in urban areas.[6] Children living on the streets fall into several categories, often related to the socio-economic conditions that led to their situation.[7] Many children live with their families, either on the streets or in slum houses. Other children live on their own because they have been orphaned or abandoned by their parents. Children also run away from their families or caregivers, fleeing poverty and physical abuse, and end up living and working alone on the streets.[8]

Although no comprehensive and reliable statistics are available on the actual numbers, living conditions, needs and interests of children living on the streets, estimates predict a continuing increase in the number of these children.[9]Currently there is no study that has accurately pointed out the number of street children worldwide but most studies tend to agree that there are more than 100 million streets children worldwide. It is difficult to accurately point out if number of street children tends to increase or it is the awareness of the stakeholder about the existence of street children. However some of the street children live on the streets during the day and go back home at night. Notably every country in the world has most street children in the urban areas. By 2004, 49% of world street children below the age of 18 are found in least developed countries, 37% in developing countries and 21% in industrialized countries. By 2005 it has been estimated that 6 out of 10 street children are likely to be under the age of 18.[10]

In Kenya there is equally no accurate number of street children, yet it is agreed that there are between 250,000 to 300,000 street children, [11]while 60,000 are in Nairobi alone.[12] The term street children are usually treated with a lot of biasness or in other words stigmatized.[13]This is mainly because they are deprived of basic needs, human rights, have health problems, victimized by locals, exposed to illicit drugs, branded as misfortunes and mostly dreaded by the local population. They often complain of being mistreated and abused at the government rehabilitation centers and security officers or police.[14]

1.3 Problem Statement

The growing number of children without parental care affects developing countries disproportionately especially among street children. The negative impacts of a loss of parental care also threaten the achievement of the Millennium Development Goals, with wide-reaching and long-term ramifications for country’s development. For example, children without parental care are more vulnerable to malnutrition and long-term poverty, less likely to attend school and more likely to die young or suffer from maternal and reproductive health problems in adolescence. Despite the importance of this issue to the country’s development, evidence suggests that not enough is currently being done to address this pressing problem.

The big question rather revolves around the ability of the law in protecting the street children right to parental care. There is hence need for this study to establish the relationship between the legal framework and the rights of street children to parental care in Kenya. Most studies existing in Kenya dwell so much on the socio economic impacts of this phenomenon while there is need to point out the violation of the street children rights to parental care in Kenya.

Thus; the study endeavors to point out the impacts of lack of parental care to street children rights as enshrined in section 53 (1) (e) of 2010 constitution in Kenya.

1.4 Objectives of the Study

1.4.1 General Objective

The main objective of the study is to explore the applicability the rights of street children to parental care basing on section 53 (1) (e) of 2010 constitution in Kenya.

1.4.2 Specific Objectives

The objectives are to:

1. Determine the applicability of the rights of street children to parental care basing on section 53 (1) (e) of 2010 constitution in Kenya.
2. Examine the causes and impacts of lack of parental care to street children rights in Kenya.
3. Analyze the regional and international legal statutes that are established to protect the rights of street children in relation to parental care.
4. Determine the challenges facing the rights of street children to parental care basing on section 53 (1) (e) of 2010 constitution in Kenya, and
5. Explore possible practical solution to the challenges faced.

1.5       Research Questions

In this research project, an attempt shall be made to answer inter-alia the following questions

• What is the applicability of the rights of street children to parental care basing on section 53 (1) (e) of 2010 constitution in Kenya?
• What are the causes and impacts of lack of parental care to street children in Kenya?
• What are the regional and international legal statutes that are established to protect the rights of street children in relation to parental care?
• What are the challenges facing the applicability of the rights of street children to parental care basing on section 53 (1) (e) of 2010 constitution in Kenya?
• What are the solutions to the challenges faced?

1.6       Significance of the Study

The study is meant to add a body of knowledge and create awareness on rights of street children to parental care in Kenya, expose their challenges and explore solutions to the challenges. The study is beneficial to future researchers and scholars in this area because it equally creates awareness on rights of street children to parental care, obligations of the constitution section 53 (1) (e)and other laws, their importance and how efficient or effective they are in administering justice and fairness in the issues of children rights to parental care.

The study will be of at most importance to all stakeholders these include the scholars in the area under study, the legislators and policy makers in guiding their counsel in order to develop better policies, guidelines and laws that will effectively protect children rights to parental care. Street children are commonly viewed as criminals and their status as only a child is all too often forgotten. If given the opportunity they have a lot of potential since many of them are talented in sports, poetry, singing and art.  Throughout Kenya the success story of Dr George L Wajackoyah is well known. Wajackoyah was abandoned by his parents and at the age of sixteen he took on street life in Nairobi. After an encounter with a Good Samaritan, who agreed to pay for Wajackoyah schooling, he performed extremely well academically and secured top university places in the UK and US. He was a presidential candidate for the Kenyan national elections that took place in August 2012. He is a testimony to what street children are capable of if given the chance[15].

1.7 Scope and Limitation of the Study

The study will only focus on street children right to parental care in regards to the constitution of Kenya section 53 (1)(e). The study will equally consider other legal national and international obligations surrounding the phenomenon under study.The material used to compile the study will be gathered from secondary material that is books, journals, magazines, newspapers, electronic blogs and e-books among others. Thus, other research methods such as interviews, focused group discussions and use of questionnaires are not used in this study and thus future researchers can exploit this opportunity in order to obtain more detailed results.

The study equally explores the causes and impacts of lack of parental care to the rights of street children. Future studies should therefore address the socio economic impacts of street children to Kenya and equally focus on other towns and cities in Kenya with even a smaller number of street children like Eldoret, Homabay, Kisumu, Embu, Kajaido and Mombasa among others. This also includes other areas such as the rights of streets children living with disability in Kenya.

The study is expected to be complete by April 2015. The researcher expects financial constraints to fund the costs and expenses in the process of carrying out the study, bureaucracy at the authorizing bodies and institutions, misconceptions and language barrier in dealing with respondents.

1.8 Research Methodology

This is a qualitative research study and involves the use of Structured Pragmatic Situational (SPS) approach to case research,[16] this is because it provides a systematic and practical manner to deal with a case study and in this case it is the convenient approach to this study in order to effectively meet the objectives of the study. Case study research excels at bringing us to an understanding of a complex issue or object and can extend experience or add strength to what is already known through previous research.[17] Case studies explore detailed contextual analysis of a limited number of events or conditions and their relationships. Researchers have used the case study research method for many years across a variety of disciplines.[18]

The study gathers data from e-book, journals, books, biographies, letters, newspapers, electronic articles and blogs to gather important background information about the phenomenon under study.

1.9 Hypothesis

There is a significant relationship between the ignorance of the law and continuous cases of violation of street children rights to parental care as enshrined in the constitution in Kenya. Weak structure both legal and institutional in Kenya has necessitated the existence of the violation of street children right to parental care.

1.11 Definition of Key Terms

1.11.1 Street Children

The definition of street children or boys and girls is contested by different scholars depending on different cultures surrounding the phenomenon, yet most practitioners and policy makers have made effort to describe the phenomenon as a subpopulation or individuals composed of boys and girls of all ages living and working in the world urban centers.[19]

These are the children of the urban poor who are most vulnerable, exploited and who face the highest risks. They face untold hardship and danger on the streets. Living and working on the streets exacts a terrible toll on street children. They are often preying to every physical, and moral danger, and as they grow older they often become a danger to others.[20]

1.11.2 Market Children

 

Market children are neither orphaned nor homeless. They are children from poverty-stricken backgrounds who are often sent to the market by their parents or guardians to beg for money. Some even do menial work to earn a living. The age of these children varies from between 6 to 15 years and at times even younger children may be used this way. The use of children for labour is a constitutional violation to their rights under section 53 (1) e of the constitution of Kenya and thus constitutes an offence. Nonetheless, these children exist in the streets of Nairobi every day while people go about their businesses yet hardly anyone bothers about their origin and welfare.

1.12 Summary of the Organization of the Study

The study comprises of four chapters.

Chapter one presents the introduction to the study on introduction to the study on the rights of street children to parental care in Kenya. It articulates the relevant areas of focus or the primary focus of the study as well point the direction of the study.

Chapter two contains a thematic approach to review literature in relation to the objectives of the study. The material for the review will be based on the relevant issues under study and it will be gathered from books, journals, magazines, electronic blogs and websites among other qualitative sources.

Chapter three explores the research methodology, the research done as well as documents the results of the field work and case studies done by the researcher in Nairobi County. The chapter concludes with the research findings gathered from the research.

Chapter four draws conclusions from the findings of the research and also analyses the legal and social recommendations from the findings of the study.

[1]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014

[2] Bower, C. (2005). The case for child-headed households’ Children without parental care: Qualitative

Alternatives, Early Childhood Matters. Bernhard van Leer Foundation

[3] Clough, R., Bullock, R. and Ward, A. (2006).What Works in Residential Care. A Review of research

evidence and the practical considerations, National Children’s Bureau 2006

[4]George F.O. W. (2005). Kenya Street Children Project. http://www.kenyastreetchildren.blogspot.com. Accessed on 11th September 2014

[5]IRIN (2007). Kenya: Nairobi’s Street Children: Hope for Kenya’s Future Generation. Http://wwwirinnews.org. Accessed on 11th September 2014

[6]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014

[7]IRIN (2007). Kenya: Nairobi’s Street Children: Hope for Kenya’s Future Generation. Http://wwwirinnews.org. Accessed on 11th September 2014

[8]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014

[9]Sarah, T. B (2007). State of the World’s Street Children: Violence (PDF). Street Children Series. Consortium for Street Children (UK). Http://www.streetchildren.org. Accessed on 11 September 2014.

[10]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014

 

[11]George F.O. W. (2005). Kenya Street Children Project. http://www.kenyastreetchildren.blogspot.com. Accessed on 11th September 2014.

[12]IRIN (2007). Kenya: Nairobi’s Street Children: Hope for Kenya’s Future Generation. Http://wwwirinnews.org. Accessed on 11th September 2014

[13]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014

[14]George F. O. W (2005). Kenya Street Children Project. http://www.kenyastreetchildren.blogspot.com. Accessed on 11th September 2014.

[15] Lee, T., & Dykstra, D. (2011). This Little Light of Mine Letters to My Grandchildren.West Bow Pr.

[16]S. L. Pan and B. Tan (2011). Demystifying case research: A structured-pragmatic-situational (SPS) approach to conducting case studies, Information and Organization, vol.21.

[17] Stake, R. E. (1995).The Art of Case Study Research. Thousand Oaks, CA: Sage.

[18] Busha, C. H., & Harter, S. P. (1980). Research Methods in Librarianship, Techniques and Interpretation. New York: Academic Press; Stake, R. E. (1995).The Art of Case Study Research. Thousand Oaks, CA: Sage.

[19]UNICEF (2006). State of the World’s Children. Pdf. Http://www.unicef.org/swoc06/fullreport. Accessed on 10th September 2014: Sarah, T. B (2007). State of the World’s Street Children: Violence (PDF). Street Children Series. Consortium for Street Children (UK). Http://www.streetchildren.org. Accessed on 11 September 2014.

[20]Pinheiro, P (2006)World Report on Violence Against Children United Nations, New York.