INTRODUCTION
Child theft in Kenya has emerged as a deeply troubling phenomenon in recent years. Cases of babies being stolen from hospitals and children’s 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] The news scarred most of the members of the community, leaving them on high alert and deeply concerned for the safety and welfare of their children.[2]
Therefore, this blog was necessitated by how rampant baby theft has become in Kenya. Thence, it aims to unfold the complexities surrounding this issue by exploring its causes, impact and available solutions.
THE RISE OF CHILD THEFT
The issue of child theft is not new in Kenya however, its prevalence has increased in recent 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 hospitals and children’s homes.[5] Vulnerable mothers who have not yet recovered from 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 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, charged with child stealing and sentenced to 25 years in jail.[8]
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, which formed 81.1% of the frequency of kidnapping in Kenya.[9] Secondly, a high incidence of poverty formed 72.1% of the frequency of kidnapping.[10] Penultimate, is 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 propagate the ‘black market’ and the government’s ambivalence on the issue which also subtly contribute to its prevalence.[12]
IMPACT 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 than not, child theft paves the 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’s 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]
Even though the Constitution has these legal provisions prohibiting child theft in Kenya, it still has a weakness since it doesn’t provide expressly for the prohibition of the crime but rather in an implied form. Additionally, the Children Act of 2022 fails to provide for the documentation and identification of child theft victims. Furthermore, there are no provisions for the rights of the child theft victims or their families.
COMMUNITY RESPONSES AND ADVOCACY
Communities play a vital role in combatting child theft. They ought to raise awareness at the grassroots level 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 the 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
In conclusion, the issue of child theft in Kenya is very distressing and it demands urgent attention from the relevant stakeholders. It goes beyond just undermining the sanctity of childbirth as it also inflicts immeasurable pain to the families and the society at large. For us to properly address this scourge, we will need to take a heterogenous approach involving legislation, law enforcement and community initiatives. We ought to strive together to ensure that the vulnerable in the community are protected and to ensure that every child’s right to a safe and loving environment is upheld.
Author(s) Name: Raphael Okochil Mirimo (Jomo Kenyatta University of Agricultureand Technology)
Reference(s):
[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.
[2] Ibid.
[3] National Crime Research Centre, ‘Emerging crimes: the case of kidnappings in Kenya report’ (2017) <Human Trafficking (crimeresearch.go.ke)> accessed 5 May 2024.
[4] Ibid.
[5] Ibid.
[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.
[7] Ibid.
[8] Ibid.
[9] National Crime Research Centre, ‘Emerging crimes: the case of kidnappings in Kenya report’ (2017) <Human Trafficking (crimeresearch.go.ke)> accessed 5 May 2024.
[10] Ibid.
[11] Ibid.
[12] 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.
[13] Ibid.
[14] Ibid.
[15] The Constitution of Kenya, 2010, art 53.
[16] Ibid, art 25.
[17] Children Act, No.29 of 2022, Laws of Kenya, s 2.
[18] Ibid, s 5.
[19] Shahram Mirzanshad, The role of NGOs in the prevention of crimes against children (case study: municipalities) (2017) 2 Specialty Journal of Politics and Law.
[20] Ibid.
