The Dynamics of Implementing Participation of Children with Regard to Rights to Education in Kenya

Abstract

The Constitution of Kenya 2010 gives the child rights to nationality, protection and provisions both by the State and the parents; and their interest is also to be paramount in all matters concerning them. The objective of the study was to understand the dynamics and challenges of implementing the participation of children with regard to rights to education through an interrogation of the Children's Act of 2001 and the Constitution of Kenya 2010.

This paper is a comprehensive review of the literature that interrogates the subject matter through an analysis of the debates about childhood and children's participation, especially with regard to participation and children's right and also children's participation in education in the light of the two policy documents. It has also looked at the reasons why children should participate in education issues affecting them. It goes ahead to look at children's rights and Constitutional provisions; equity in access to education in Kenya; and attempts Kenya has made with regard to domesticating the International instruments.

The study concludes that although there is good legislation in place to address children's rights and participation in education, there are several challenges to implementing the participation rights of children. It recommends that there is need to respect, protect, promote and fulfil the rights of the children to access education on an equal basis because influences of childhood are usually carried over to adulthood, so lack of participation in childhood will lead to poor democratic culture in adulthood.