Assessment of counter trafficking child protection legal frameworks in Kenya

Abstract

Child trafficking violates children's fundamental human rights and significantly undermines their overall well-being. Despite existing legal measures to counter child trafficking in Kenya, the practice remains pervasive, raising serious concerns about the effectiveness of the current child protection and counter-trafficking legislative framework. A thorough analysis of this legal framework is essential, as the law forms a cornerstone for shaping policies and regulations to combat child trafficking. It provides the most direct avenue for reform, enabling the enhancement of child protection measures to address this issue. This study critically assesses Kenya's counter-trafficking legal framework and practices from various reports against the best international standards on combatting child trafficking, to identify and recommend the best reforms to curb this vice. To achieve this, a doctrinal research methodology is employed, analyzing primary legal sources such as international treaties, statutes, and court cases as well as secondary materials, including articles, and institutional reports. The research is grounded in Thomas Hobbes and John Locke’s Social Contract Theory and Herbert Simon’s Bounded Rationality Theory. The key findings indicate that child trafficking remains rampant in Kenya due to gaps and weak enforcement of both international and national legal provisions, as well as the misalignment of Kenya’s legislation with the global legal standards practices aimed at addressing this issue. To effectively curb child trafficking, Kenya must strengthen enforcement and close loopholes by aligning its provisions and practices with those of international best practices aimed at addressing child trafficking.