According to UNICEF’s Countdown to 2030 Country Profile, roughly 1.5 million infants are born every year in Kenya, contributing to a significant number of children under the age of 5, totaling over 7 million, which represents 13 percent of the total population. This demographic reality underscores the critical importance of childcare in Kenya’s societal development.

The report additionally provides data on crucial factors such as good health, sufficient nutrition, and safety and security. Regrettably, there is a notable absence of data concerning responsive caregiving and opportunities for learning within Kenya. Reports from the Nurturing Care Framework, developed by the World Health Organization, UNICEF, and partners, emphasize the profound impact of early childhood experiences on children’s development and future outcomes.

Legal Framework 

In Kenya, the legislative framework on childcare is anchored within the country’s laws, such as the Constitution, the Children Act of 2022, and the Education Act. Following the devolution of the childcare function in the Constitution, very few of the nation’s counties have proceeded to develop policies that govern childcare.

Most counties have drafted legislation, but without guidance from the national government, their focus has been on early childhood education, a segment that is well guided by the national laws on education. As such, more needs to be done to develop childcare-specific policies and regulatory frameworks.

The Children Act of 2022 reiterates the role of the county government to provide or facilitate the provision of childcare facilities, provides for parental responsibility, and contains progressive provisions on the protection and care of children such as prioritization of family-based care through fostering, adoption, custody, maintenance, guardianship, kinship care, and Kafaalah, among others.

Some counties that have independently enacted policies and laws on childcare have further adopted provisions to reflect specific aspects or needs. For instance, in its Early Childhood Development and Education Act of 2023, Kisumu County recognizes home-based childcare as a model of childcare provision, the first in the country to do so. Other national legislation that has guided policy development for childcare in Kenya include:

• Constitution of Kenya, 2010.
• Children Act, 2022.
• Basic Education Act, 2013.
• Early Childhood Education Act, 2021.
• National Plan of Action for Children, 2015–2022.
• Kenya Integrated Early Childhood Development Policy Framework, 2017.

Policy Areas Impacting Early Childhood Care and Development 

Meeting the childcare needs of families requires a comprehensive strategy that takes into account numerous factors pivotal for the welfare and growth of children. As highlighted in the World Bank report Better Jobs and Brighter Futures, the following set of policy objectives offers a comprehensive solution to address childcare needs:

• Expanding access to childcare by promoting diverse types of provision.
• Prioritizing childcare coverage for the most vulnerable families, and ensuring low-cost and free options are available.
• Allocating sufficient financing to make quality childcare affordable for families.
• Defining clear, workable institutional arrangements, and building system coherence.
• Ensuring that children are in safe and stimulating environments through a robust quality assurance system and a supported and capable workforce.

Childcare and Women Economic Empowerment

In Kenya, the link between childcare and women’s economic empowerment is both crucial and multifaceted. Affordable and accessible childcare services are indispensable for enabling women’s full participation in the workforce and the pursuit of economic activities. This relationship touches on several key areas, including increased labor force participation, reduced workforce disruptions, enhanced economic security, promotion of shared caregiving responsibilities, and overall economic growth and development. This blog post from the World Bank emphasizes the economic importance of childcare, underscoring the need for affordable, high-quality childcare to support parental workforce participation. 

Priority Areas 

Several priority areas have emerged in Kenya aimed at enhancing the well-being and development of young children, including: 

• Increasing awareness of the first years of life and the needs of young children and their caregivers.
• Tracking data about access and affordability of early childhood development services for families from vulnerable groups.
• Improving access to quality early childhood education and care services for children under the age of 3.
• Increasing the capacity for high quality, flexible ECCD-related services, including childcare, health care, and education.
• Reducing child and maternal health inequalities, especially for marginalized groups, by investing in health specialists and health services.
• Taking measures to prevent segregation of children with special needs, and supporting their inclusion in mainstream services.
• Improving the coordination between different government structures to ensure coherent and effective early childhood development policies.
• Investing in early childhood infrastructure and resources.

Conclusion

These priority areas are crucial for Kenya’s children because they address the foundational needs of early childhood  development, ensuring that all children—especially those from vulnerable groups—have access to proper care, education, and health services, which is the only way to set them up for lifelong success.

Joyce Njoki Hiuko is an advocacy consultant for ECDAN.

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