INTRODUCTION
Child theft in Kenya has emerged as a deeply troubling phenomenon in recent years. Cases of babies being stolen from hospitals and children homes to be sold to desperate families seeking children have shocked the nation. Just recently, news of a woman from Bungoma who was caught trying to sell a baby for Kshs.15,000,000 broke the internet.[1] This news news has scarred a lot of Kenyans, leaving them on high alert and deeply concerned for the safety and welfare of their children. [2] Therefore, this blog was necessitated by the rampancy of baby theft in Kenya. Thence, its aim is to unfold the challenges presented by this issue by exploring its causes, impact and the solutions available.
THE RISE OF CHILD THEFT
The issue of child theft is not novel in Kenya, however, its prevalence has incredibly increased over the past few years.[3] The National Crime Research Centre of Kenya noted that 78.1% of the victims of kidnapping in Kenya are below the age of 18 years.[4] The most common targets of these criminals include the hospitals and children’s homes.[5] Vulnerable mothers who have not yet recovered from the childbirth find themselves victims of greedy and selfish predators.
As witnessed in 2020 following BBC Eye Africa’s Investigation, it is quite easy for a medical officer to alter government documents in order to steal a child from a Government Hospital.[6] This was depicted in the BBC investigations where one Fred Leparan attempted to sell a baby from Mama Lucy Kibaki Hospital, Nairobi, bound to be placed in a children’s home.[7] Little did he know that the buyer was a BBC reporter. He was quickly apprehended by the sleuths, charge with child stealing and sentenced to 25 years in jail.[8]
THE CAUSES AND MOTIVATIONS
It is very crucial to understand the motivations behind child theft/stealing in Kenya. The National Crime Research Centre, Nairobi, Kenya attributed the following as factors encouraging child theft in Kenya: firstly, unemployment, this formed 81.1% of the frequency of kidnapping in Kenya.[9] Secondly, high incidence of poverty formed 72.1% of the frequency of kidnapping.[10] Penultimate, the existence of criminal gangs that see children as commodities that can be sold for profits.[11] Then lastly, public ignorance on anti-kidnapping measures. However, there are other factors such as: demand from childless couples or those seeking specific genders which propagates the ‘black market’ and the government’s ambivalence on the issue which also subtly contribute to its prevalence.[12]
THE IMPACT OF CHILD THEFT ON FAMILIES AND SOCIETY
Child theft is one of the vilest and foulest crimes known to man. It brings forth devastating consequences such as profound emotional trauma to children, societal stigma and legal hardships to the victim’s family. Stolen children often grow up without knowing their true origin which might later lead to identity crises.[13] Often times than not, child theft paves way for other crimes to be committed. Such other crimes include: asking for ransom (prohibited under Section 266A of the Penal Code Cap.63 of the Laws of Kenya), rape (prohibited under Section 3 of the Sexual Offenses Act, No.3 of 2006) and lastly, the children might end up being murdered for extraction of organs.[14]
LEGAL CHALLENGES
Addressing child theft requires effective legal frameworks and law enforcement. The legal frameworks present in Kenya as of now, are inadequate to combat the issue. Below are some of the legal provisions aimed at curbing child theft in Kenya: The Constitution of Kenya, 2010, upholds the sanctity of the best interest of the child under Article 53.[15] Thus, it obligates everyone dealing with children matters to always act in their best interests. The Constitution further safeguards the right of every person in Kenya not to be subjected to inhuman treatment under Article 25.[16] This right cannot be limited in whatever situation.
The Children Act of 2022 is the main regulation giving effect to Article 53 of the Constitution of Kenya by making provisions for the care and protection of children. Section 2 of the Act defines child abuse as inter alia; engaging a child in child tourism and child trafficking.[17] Consequently, the Act stringently prohibits child abuse of any manner under Section 22(2). The Act further obligates the state to take measures to progressively achieve the full realization of the rights of the child under Section 5.[18]
COMMUNITY RESPONSES AND ADVOCACY
Communities play a vital role in combatting child theft. They ought to raise awareness at the grassroot level in order to improve security at the hospitals and also support families that have been affected by this scourge. NGOs and advocacy groups also ought to not only try to lobby for stricter laws governing child theft but also provide the necessary resources to the victim’s family.[19]
GOVERNMENT INITIATIVES
As stated earlier herein, Section 5 of the Children Act of 2022 compels the government to ensure progressive realization of the children’s rights enshrined under the Constitution and the Children Act itself.[20] Therefore, the government should prioritize this issue by allocating resources to improve hospital security, enhancing the birth registration processes and strengthening the existing laws.
CONCLUSION
[1] Jesse Chege, ‘Notorious child trafficker arrested in Bungoma’ NTV Kenya (Bungoma, 13 April 2024) < https://ntvkenya.co.ke/counties/woman-accused-of-being-a-notorious-child-trafficker-arrested-in-bungoma/ > accessed 5 May 2024.
[3] National Crime Research Centre, ‘Emerging crimes: the case of kidnappings in Kenya report’ (2017) <Human Trafficking (crimeresearch.go.ke) > accessed 5 May 2024.
[6] Peter Murimi, Joel Gunter, Tom Watson, ‘The baby stealers’ BBC Africa Eye (Nairobi, 16 November 2020) < https://www.bbc.com/news/world-africa-54892564 > accessed 5 May 2024.
[9] National Crime Research Centre, ‘Emerging crimes: the case of kidnappings in Kenya report’ (2017) <Human Trafficking (crimeresearch.go.ke) > accessed 5 May 2024.
