Too many girls in my locality are pregnant, I'm worried

Dear Vivian,

I have noticed the increase of teen pregnancies in my area, which has been attributed to lack of school fees. What are the legal consequences and what can I do to remedy the situation?

Yusuf

Marsabit.

Dear Yusuf,

Your concern is both timely and crucial. This issue, often exacerbated by lack of school fees, has far-reaching implications for the affected girls, their families, and the community.

Here is what the law provides. In Kenya, the legal age of consent is 18 years. Sexual activity with a minor is considered defilement under the Sexual Offences Act. Defilement is punishable by law with severe penalties, including long-term imprisonment. These stringent penalties underscore the gravity of the vice and aim to protect minors from sexual exploitation and abuse. However, despite these laws, many cases go unreported due to stigma, fear and lack of awareness.

Education Act

Important also to note is the right to education, provided under the Constitution of Kenya, which guarantees every child has the right to free and compulsory basic education.

The Basic Education Act further emphasises the government’s responsibility to provide free primary and secondary education. Lack of school fees should not be a barrier to accessing education.

Unfortunately, in practice, many children, especially girls, face financial constraints that hinder their educational pursuits, leading to increased vulnerability to early pregnancies and child marriages.Notably, if you or someone you know needs assistance, do not hesitate to reach out to local child protection organisations or legal aid services.

Counselling services

To address the issue, it is important to strengthen legal enforcement. Encouraging communities to report cases of defilement and sexual abuse is crucial. Local administration, law enforcement agencies and child protection units should be proactive in addressing these reports. Further, providing legal aid and support to victims of defilement ensures they receive justice and protection, including access to legal representation and counselling services.

Additionally, you can come in through community awareness. Implementing public awareness campaigns can educate communities about the legal consequences of defilement and the importance of protecting children’s rights. These campaigns can be conducted through local media, community meetings and school programs. At the policymaking level, introducing and strengthening comprehensive sex education in schools can inform students about sexual and reproductive health, consent, and their rights.

Your concern is a multifaceted issue that requires a comprehensive approach. By strengthening legal enforcement, raising community awareness, providing economic support, and ensuring access to education and healthcare, we can create an environment where girls can thrive and realise their full potential.

Vivian

The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]