By Robert Nyagah
Sections of the constitution covering the Children Act should be incorporated in the school curriculum at various stages right from primary to secondary school as a way of equipping children with knowledge about their rights, an advocate of the High Court of Kenya Mr. Lukas Matiko Chacha suggests.
The lawyer said that understanding the constitution and the laws protecting children should not be a luxury to the target group, considering that interventions only come when they suffer abuse of their rights.
Mr. Chacha blamed failure by the government to expand channels through which children can be made to understand their rights as the cause of their increased general ignorance of the law.
Prevailing ignorance, he said, remained the cause of rampant sexual abuse and other evils affecting children, which disrupt their education and general life.
The advocate specifically called for a review and upgrading of the education curriculum so that sections of the constitution and general laws of the land are incorporated into learning among adolescent children in higher primary and secondary schools.
A long time fighter for the rights of the girl child, having been among the team which initiated campaigns for the mainstreaming of free government distribution of sanitary towels in schools, Mr. Chacha expressed dismay that close to 90 per cent of children were unaware of their rights.
The lawyer is a member of the Kenya Evangelical Lutheran Church (KELC) Women Activities Department, the resource wing involved in creating understanding of the law among pupils, students and college learners across the country.
He called for simplification of the relevant laws for better appreciation by young people especially girls who remain vulnerable to abuse and attacks each passing day.
The KELC, according to the Women Activities Department head Ms. Alice Ngowa Changawa, recently launched major campaigns through seminars and donations of the now popular reusable sanitary towels.
During two of the seminars organized for more than 300 girls in Kianjokoma and Kibingoti areas in Embu and Kirinyaga counties, it turned out that for every 100 asked about their awareness of the Children’s Act, the Sexual Offences Act and other rights, less than 10 confirmed their knowledge and awareness.
“Most are not even aware that indecent assault is illegal and could attract a jail term of up to 10 years,” said Mr. Chacha, adding that many girls were surprised by the revelation.
Girls, according to Mr. Chacha, should be readily and with ease provided with lessons educating them about rape, sexual assault, indecent assault, and defilement; all punishable offences if proved in a court of law.
Most, he noted, also confessed to being unaware that those who made untrue allegations, especially touching on sexual offences, were liable to punishment, and that some of the incidents of forced marriages could be addressed and broken as long as they are reported to authorities.
He said most girls in upper primary and secondary schools still viewed discussions around sexuality, including hygiene and social safety, as taboo topics; yet they had constitutional legal rights to protection and enjoyment of health services.
The advocate said that awareness about health and personal hygiene had continued to be historically misconstrued as the responsibility of parents, guardians and some teachers, yet it should be available on all platforms.
He said once the government mainstreamed the same in the law to make it a right under the constitution, it will be easier to guarantee their fulfillment and respect.
The Lutheran Church is presently involved in a programme where health and law experts provoke conversations around girls’ health responsibilities, hygiene, as well as children and sexual offences law.
