Draft Policy On Street Families
Draft Policy On Street Families
Draft Policy On Street Families
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LEGAL AND POLICY FRAMEWORKS .................................................................................. - 23 -
Global and Regional Policies and Legislation .......................................................................... - 23 -
National Policies and Legislation ............................................................................................... - 23 -
MONITORING, EVALUATION, RESEARCH AND LEARNING .......................................... - 25 -
Research and Learning............................................................................................................... - 25 -
Policy Review................................................................................................................................... - 26 -
Annex 1 – Monitoring and Evaluation Framework ......................................................................... 27
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Foreword
The Constitution of Kenya envisages a country where all citizens, irrespective of their social
status, enjoy all the rights espoused in the Bill of Rights. Street families are among the most
vulnerable members of the society and often endure inherent vices including poverty,
diseases, highly exposed to drug abuse and sexual exploitation and unsustainable livelihoods.
Lack of national policy on rehabilitation of street families has worsened the situation. This
policy has been developed to address the concerns of street families.
In March 2003, the Government of Kenya established the Street Families Rehabilitation Trust
Fund (SFRTF) with the aim of spearheading national government response to restore dignity
to street families and eradicate the problem. The driving vision for the Trust Fund is to make
Kenya free of street families. In order to realize its vision, the Trust Fund coordinates and
develops capacity, mobilize resources to facilitate and monitor rescue, rehabilitative, re-
integrative and preventive programmes for street families.
The purpose of this policy is to provide a framework to guide and coordinate rescue,
rehabilitation, reintegration, re-socialization and prevention interventions for street families
for improved service delivery. This will be realized through the following objectives:
establishment of a policy coordination framework and governance mechanism on
rehabilitation of street families; harmonisation of strategies, programmes and interventions
targeting rehabilitation of street families and provision of standard operating procedures for
rehabilitation and social protection of street families.
The policy will be implemented by state and non-state actors through a well elaborated
national framework which brings on board Ministries, Departments and Agencies (MDAs),
County Governments and other non-state actors.
One of the key strategies is the mainstreaming of street families’ issues in all policies, plans
and programmes in all MDAs, County Governments and non-state actors.
CABINET SECRETARY
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Preface
It is noted that today, tens of millions of children are living or working on the streets. Their
numbers keep growing due to population growth, urbanization and migration, particularly in
the developing world such as Kenya. Children are pushed into living and working on the
street by many factors, such as poverty, death of parents, separation/divorce of parents,
abandonment, parents living on the streets, mistreatment by parents or relatives, tribal
displacement, inadequate food at home, influence by friends, insecurity, getting lost during
traveling, being born on the streets, lack of school fees, fear of being reprimanded, corporal
punishment, domestic violence, or in search of employment or income among others.
Once on the streets many other threats await these children. Some of the most pressing
challenges street children face include difficulties in maintaining basic health and accessing
services, violence (beaten up by the other street children) and abuse, and dangerous working
conditions, not feeling any sense of belonging, girls fall into prostitution to make a living,
glue sniffing which is one of the many survival strategies that keep these children resilient to
their own feelings and anxiety, and the harsh climatic conditions due to lack of proper shelter
and clothing.
There is an illusion of freedom that these children get by living on the street. It is not a choice
to leave their homes for the street but there is a conscious choice to stay on the street.
Therefore, much is required to be done to counter the root causes that lead persons to live and
work on the streets, and to guarantee respect and dignified life. But this can only be realized
when there is a coordinated framework to support and empower vulnerable families to
resilient livelihoods thus curtailing more persons from resorting to the streets; rescue those
already in the streets and undertake rehabilitation programmes designed to make them self-
reliant after reintegration into the community.
Coordination of such programmes will go a long way in the realisation of a country free of
street families which is in line with the country’s long-term development blueprint of the
Kenya Vision 2030 and the Constitution of Kenya 2010. It is also in line with the
international commitments which Kenya has ascribed to such as the Sustainable
Development Goals No. 10 with its clarion call of leaving no one behind, the United Nations
Convention on the Rights of the Child, the United Nations Convention on the Rights of
Persons with Disabilities (CRPD) and the Universal Declaration of Human Rights.
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The State Department wishes to thank all the institutions and agencies for the roles they
played in the development of the policy. In addition, we express our gratitude to the team
from the various Ministries, Departments and Agencies that put together this policy. Last but
not least, we want to sincerely thank the SFRTF Board of Trustees for giving direction and
their involvement in the entire process.
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Acknowledgement
This Policy was developed through a process that involved widespread consultations and the
participation of stakeholders, thereby engendering ownership by the people of Kenya. I wish
to thank all those who gave their input either individually or through their organisations and
institutions.
I wish to commend the SFRTF Board of Trustees Hon. Jebii Kilimo - Chairperson, Alex
Masibo, Pius Wario Tume, Grace Mwangi, Fatma Abdalla Ahmed, Joseph Mburu Waiganjo,
George Maara, for providing leadership in the process of developing the policy. My gratitude
goes to the National Steering Committee Members who included Peter Kimondo, Ministry of
Education; Cornelius Ombagi, Ministry of ICT, Innovation and Youth Affairs; Erastus
Karani, Ministry of Health; Pamela Masese, Ministry of Interior and Coordination of
National Government; Justus Muthoka, Department of Children Services; Anita Chepseba,
Office of the Attorney General; and Samuel Muraya, Council of Governors for their tireless
commitment to the policy development process. I also wish to thank Mrs Maria Cherono
and Mr Robert Njogu, former Chief Executive Officers at the Fund who steered the policy
development process and other key stakeholders who immensely contributed to the policy
development process.
The implementation of this Policy will, without doubt, require huge financial outlays. I have
no doubt that all stakeholders will work in partnership to help mobilise these resources as
well as fully participate in the design, implementation, monitoring, and evaluation of the
programmes that will be inspired by this Policy.
CAROLINE TOWETT
AG. C.E.O
STREET FAMILIES REHABILITATION TRUST FUND
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Abbreviations and Acronyms
CIDP - County Integrated Development Plan
COG - Council of Governors
CSOs - Civil Society Organizations
FBOs - Faith Based Organizations
MDAs - Ministries, Departments and Agencies
NGOs - Non-Governmental Organizations
SFRTF - Street Families Rehabilitation Trust Fund
UNCRC - United Nations Commission of the Rights of Children
UNICEF - United Nations Children’s Fund
UN - United Nations
NIMES - National Integrated Monitoring and Evaluation System
SDGs - Sustainable Development Goals
HIV - Human Immunodeficiency Virus
STIs - Sexually Transmitted Diseases
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Definition of Terms
Street families in Kenya refer to children, youth, men, women and older persons who use the
roads, unoccupied buildings, alleys, ruins, wastelands, parks, free and other open spaces as
their places of temporary or permanent abode and are exposed to vulnerabilities.
Rehabilitation of street families is the restoration of human dignity, privileges and reputation
to a useful place in the society.
Prevention: A variety of approaches that support to diminish the need for people to
disengage or be separated from their families or communities.
Family preservation: Family preservation is a strategy that is based on the belief that
children and young people need a family in which to develop, that promotes the perspective
that the best way of achieving permanency in the lives of children is to allow them to be with
their families and to work with the family to try to prevent the placement of children outside
of family care as well as the philosophy which discourages the removal of children from their
families.
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Social protection: policies and programmes that protect people against risk and
vulnerability, mitigate the impact of shocks, and support people from chronic incapacities to
secure basic livelihoods.
Volunteers – These are the individuals or groups that offer their time, skills or resources to
provide services by free choice for the benefit of other individuals, communities or nations,
without the exception of financial gain other then reimbursement of reasonable expenses. It
also includes the organization the offer such services.
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Executive Summary
The policy provides a working definition of street families, highlights the situation of street
families, and provides for guiding principles in street families rehabilitation. The policy
further identifies the key issues that drive persons to the streets. These include poverty;
family disintegration and loose social fabric; loss of parents and caregivers; human
trafficking; retrogressive cultural practices; child labour and exploitation (parents or
guardians sending children to the streets to earn a living for the family); poor access to basic
needs; deviant behaviour and indiscipline; negative peer pressure; drug and substance abuse;
poor parenting; tribal clashes and internal displacement; domestic and gender based
violence; abandonment; over-dependency on handouts and donations; landlessness;
disinheritance and uncoordinated and weak implementation of insufficient regulatory legal
frameworks among others. The drivers identified will be addressed through priority areas and
measures of this policy.
The purpose of this policy is to provide a framework for coherent coordination, rescue,
rehabilitation, reintegration and re-socialization of street families as well as support
prevention interventions. This policy will be guided by principles of human dignity, public
participation, do no harm, equity, social justice and inclusiveness. The Ministry of Labour
and Social Protection, State Department for Social Protection which is currently responsible
for Street Families Rehabilitation Trust Fund will play a coordination role. For effective
implementation of this policy interagency approach will be employed. Other key players
include line Ministries, Departments and Agencies, County Governments, Civil Society
Organizations, Private Sector, Faith-based Organizations and Development Partners.
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CHAPTER 1
INTRODUCTION
The street families are a global and multifaceted phenomenon. In Kenya, street families can
be traced back to the post-independence period and are referred to as men, women, youth and
children who use roads, unoccupied buildings, wastelands, parks, free and other open spaces
as their places of temporary or permanent abode. Consequently, they are exposed to various
risks and vulnerabilities. Traditionally, Kenyan communities have a culture of absorbing
vulnerable members of the society within the extended family system. However, over the
decades, there has been an increase in vulnerabilities amongst some members of the society
due to dynamic economic, political and social-cultural factors.
The Kenya Vision 2030 envisions a just and cohesive society enjoying equitable social
development in a clean and secure environment. The Constitution of Kenya 2010 envisages
that all Kenyans irrespective of their social status enjoy their rights as promoted in the Bill of
Rights. In particular, Article 43 (3) obligates the state to provide appropriate social security to
persons who are unable to support themselves and their dependants. This resonates with
Sustainable Development Goals (SDGs).
Guiding Principles
The implementation of this policy will be guided by the following principles;
Human Dignity – All human beings including street families possess special values and
attributes intrinsic to their humanity and are entitled to the basic human rights which include
food and shelter among others.
Equity – Ensure fairness, impartiality in its application and the protection of the special
persons living in the streets.
Social Justice – Support the aspirations of persons living in the streets by promoting the
essential values of human rights
Transparency and Accountability – Ensure that there is openness in all of its programmes,
effective and efficient utilization of public funds.
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Integrity – Upholding the highest standards in all of our undertakings.
Do no harm - Actions should never harm or injure anyone physically and/or emotionally.
Inclusiveness - Providing equal access to opportunities and resources for people who might
otherwise be excluded or marginalized.
Rationale
There are several interventions that have been put in place in Kenya by state and non-state
actors to reduce the number of street families, however their numbers have continued to
increase overtime. The existing interventions to rehabilitate street families have largely
remained inadequate due to various reasons including; poorly designed interventions, lack of
understanding of the rehabilitation process, lack of institutionalized system to assess and
classify street families, poor coordination between the service providers and lack of clear
national policy and legislation to deal with street families. This policy addresses these gaps.
Policy formulation
The policy has been developed under the stewardship of the Street Families Rehabilitation
Trust Fund Board of Trustees. The process entailed a deliberative stakeholders’ engagement
and consultations to inform the policy design.
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CHAPTER TWO
SITUATIONAL ANALYSIS
Globally, many countries focus only on street children and not on street families. UNICEF
defines the term street children as any girl or boy for whom the street has become his or her
habitual abode and/or source of livelihood and who is inadequately protected, supervised, or
directed by responsible adults. The presence of street children poses
a broad spectrum of problems, yet few steps have been taken to adequately address the issue.
In Kenya this phenomenon encompasses children, youths, adults and elderly persons.
Over the years, the Government has been promoting social protection and socio-economic
interventions targeting the vulnerable and marginalized groups, with an aim of empowering
them for sustainable livelihoods. This notwithstanding, the street families have not benefited
from this support due to unavailability of accurate and credible data leading to unstructured
interventions. To address this, the Government established the Street Families Rehabilitation
Trust Fund in 2003 with the mandate of coordinating rehabilitation of street families in the
country.
The number of street families has been unknown, and in turn has impacted negatively on
planning, budgeting and decision-making. In order to address this, the Fund in collaboration
with the Kenya National Bureau of Statistics, UNICEF, MDAs, CoG, NGOs amongst others
carried out a National Census of Street Families in April, 2018. The census report was
published in 2020 and provides data on the total number, size, structure, and distribution of
street families which also forms a baseline for further studies and information for evidence-
based decision making.
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A summary of the census report is provided in the following table.
Overall, over two-thirds of the street persons in a particular county were inter- county
migrants. Majority of the street persons frequent the streets every day from morning to
evening while some live permanently in the streets. Reasons for going to the streets are varied
which included fear of being reprimanded, corporal punishment; lack of school fees;
mistreatment by relatives; death of parents; domestic violence; peer influence and being born
on the streets. While at the streets, most street persons engage in scrap metal collection,
garbage collection, fetching water, peddling drugs and alcohol, sex work and begging.
Majority (68 per cent) of the children who lived on the streets with their parents were below
10 years of age, while 24 per cent were orphans. 20 per cent of street persons did not know
the whereabouts of their parents. 22 per cent of the respondents were either married or living
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together with partners. 5 per cent of children age 10 to 18 years reported to have either
married or living together with a partner.
Further, 76 per cent of the street persons had reached primary school level of education while
14 per cent reached secondary level of education. Youthful street persons age 10 to 34 years
were more talented in sporting and creative arts activities compared to the older persons.
68 per cent of street persons aged 10 years and above had sexual intercourse. Out of these,
only 37 per cent of them used condoms during the last sexual intercourse. 70 per cent of
females compared to 59 per cent of males among street persons were not using condoms. One
in 10 females age 15 -19 had given birth, while about a half (54 per cent) of women age 20 -
29 years had at least a child.
The data indicates that the most prevalent diseases included skin diseases, HIV/STIs, malaria,
chest related diseases, fever and diarrhoea and stomach aches.
Over 40 percent of the respondents had received rehabilitation and reintegration services
from the government, and 22.7 percent from Non-Governmental Organizations and faith-
based organizations respectively.
On the basis of the census results, a Deliberative Stakeholders Engagement was undertaken in
January 2020 in 19 select counties. Responses revealed several factors which lead to the
occurrence of street families, among which included poverty; family disintegration and loose
social fabric; loss of parents and caregivers; human trafficking; retrogressive cultural
practices; child labour and exploitation (parents or guardians sending children to the streets to
earn a living for the family); poor access to basic needs; deviant behaviour and indiscipline;
negative peer pressure ; drug and substance abuse; poor parenting; tribal clashes and internal
displacement; domestic and gender based violence; abandonment; over dependency on hand
outs and donations; landlessness ; disinheritance and uncoordinated and weak implementation
of insufficient regulatory legal frameworks among others.
While on the streets, street families are faced with myriad of hardships which include; lack of
food, clean water; shelter, sanitation and health care, education; discrimination and stigma,
rejection and exclusion from mainstream society; difficulty in acquisition of identity cards;
exposure to extreme weather conditions; sexual abuse and exploitation; human trafficking;
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exposure to illegal drugs and substance; harassment, torture and arrest among others. Street
families interviewed cited harassment and inhumane treatment by law enforcement agencies.
Due to their vulnerability street families are exposed to exploitation and likely recruitment
into criminal and other illegal activities or lured to join radical groups. Street families are
exposed to pandemics and natural calamities.
Despite various measures taken on street families by the Government and interventions by
different actors, the programmes are uncoordinated and ineffective. In addition, most counties
do not have prevention mechanisms, standard guidelines and regulations for rescue,
rehabilitation, reintegration and resocialization. There are weak linkages between different
actors, uncoordinated and fragmented structures with no legislation in the two levels of
Government. Furthermore, lack of communication and resource mobilization strategies and
clear reporting mechanisms remains a challenge. The situational analysis reveals that there is
no coherent and sustainable framework for the rehabilitation of street families in Kenya.
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CHAPTER THREE
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3.2.4 Reintegration of Street families
Measures;
Measures
1) Develop a communication strategy
2) Strengthen collaboration, partnerships and linkages
3) Establish governance and accountability mechanism at all levels
4) Develop resource mobilisation strategies
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INSTITUTIONAL FRAMEWORK
Overall coordination, synergy and overseeing of rehabilitation of street families’ programmes
is the role of the Ministry responsible for social protection through the Street Families
Rehabilitation Trust Fund. The agency will have structures at the National and County levels
as illustrated below;
Sub County
Chapters
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CHAPTER FOUR
The Ministry responsible for rehabilitation of street families shall oversee the overall
coordination and implementation of this policy through Street Families Rehabilitation Trust
Fund. This will be implemented by a multi-agency approach bringing together state and non-
state actors. Therefore, a coordination framework will be established at the national and
county levels. The Trust Fund shall be responsible for the overall coordination and
implementation of street families policies, programmes and activities. The Trust Fund will
establish County Chapters to coordinate rehabilitation programmes at the County level.
The Ministry responsible for SFRTF shall oversee the overall coordination of the Policy
implementation and ensure requisite resource mobilization, involve stakeholders and enhance
monitoring, evaluation and impact assessment. Ministries, Departments Counties and
Agencies (MDCAs) shall mainstream street families’ rehabilitation in their policies, plans
and programmes. These include; Ministries of Interior and Coordination of Government;
Education; Health; Housing, the National Treasury and Planning, the Attorney General,
Judiciary and the Council of Governors.
The Secretariat shall implement the decisions made by the Board and undertake an
administrative role.
The County Governments shall domesticate the policy; provide technical support; build
capacity of county staff and ensure street families rehabilitation programmes are captured in
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the County Integrated Development Plans (CIDP) in liaison with the Trust Fund and other
stakeholders.
Development partners shall support specific programmes coordinated by the Trust Fund
through provision of resources, technical assistance and capacity building; provide effective
collaboration and synergy building.
Street families shall cooperate with stakeholders providing rehabilitation services and adhere
to the provisions of this policy.
The media shall provide access to information; carry out awareness and publicity on the
plight of street families.
The business community shall partner with the Trust Fund in the implementation of
rehabilitation programmes.
The religious organizations and cultural institutions shall create awareness on street families’
issues; provide spiritual nourishment, guidance, counseling and inculcate societal norms and
values.
Volunteers shall offer skills and resources in rescue, reintegration and resocialization of street
families.
Role of CSOs,
The relevant organizations shall implement the Trust Fund’s Policy by carrying out rescue,
rehabilitation, reintegration and resocialization of street families in collaboration with the two
levels of Government.
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CHAPTER FIVE
The concept of street families is not just a national issue but a global concern. Various
policies and legislations have been developed but there is no specific one which addresses the
concerns of the street families. This includes the UN Convention of the Rights of the Child;
Sustainable Development Goals; the United Nations Convention on the Rights of Persons
with Disabilities (CRPD); Kenya Vision 2030; and the Constitution of Kenya among others.
The Universal Declaration of Human Right (1948) enshrines the rights and freedoms of all
human beings regardless of their social status. Additionally, the Sustainable Development
Goals requires states to ensure equal opportunity and reduce inequalities by eliminating
discriminatory laws, policies and practices. The United Nations Convention on the Rights of
Persons with Disabilities is explicitly a social development dimension human rights
instrument. It adapts a broad categorization of persons with disabilities and reaffirms that
their rights to enjoy all human rights and fundamental freedoms.
Regionally, the African Charter on Human and Peoples' Rights endeavours to ensure
promotion and protection of human and peoples' rights, freedoms and duties, whereas the
African Charter on the Rights and Welfare of the Child commits states to take all appropriate
measures to promote physical and psychological recovery and social reintegration.
The 2010 Constitution of Kenya has made provision for human rights for all Kenyans
including the street families. It has provided appropriate social security to people who are
unable to support themselves and their dependants. It further guarantees all children specific
rights which include; right to free and compulsory basic education, right to basic nutrition,
shelter and health care; right to be protected from abuse, neglect, harmful cultural practices,
all forms of violence, inhuman treatment and punishment, and hazardous or exploitative
labour among others.
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The Kenya Vision 2030 seeks to build a just and cohesive society with social equity in a
clean and secure environment. It recognizes that no society can gain the social cohesion as
envisioned if significant sections of the population live in abject poverty.
The following Acts of Parliament make provision for the social rights of street families. The
Children Act, 2001; Persons with Disabilities Act No. 14 of 2003; Kenya Citizenship and
Immigration Act, No. 12 of 2011; The Registration of Births and Deaths Act, CAP 149; HIV
and AIDS Prevention and Control Act, No. 14 of 2006; Basic Education Act No. 14 0f 2013;
Counter-Trafficking in Persons Act, No. 8 of 2010 and National Youth Council Act, No. 10
of 2009.
The following policies also make provision for some aspects of street families. National
Family Promotion and Protection Policy, 2018; National Youth Development Policy, 2019
and National Social Protection Policy, 2012. While these policies and laws make provisions
individually for specific groups in the general population, they do not address the plight of
street families holistically. This policy seeks to create linkages and synergy with the existing
social protection policies amongst others for the benefit of the street families.
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CHAPTER SIX
Monitoring and Evaluation on the implementation of the policy will be undertaken by the
ministry responsible for SFRTF within the framework of the National Integrated Monitoring
and Evaluation System (NIMES). The evaluation of this policy will be conducted
periodically to assess its impact.
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CHAPTER SEVEN
Policy Review
The National Policy on Rehabilitation of Street Families shall be reviewed after five years or
as demand arises.
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Annex 1 – Monitoring and Evaluation Framework
(To be prepared after the policy is finalized)
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