KENYAN ADVOCACY
ON CHILD AND
FORCED MARRIAGE:
A guide for faith leaders

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WHO WE ARE

The Inter-Religious
Council of Kenya
The Inter-Religious Council of Kenya (IRCK) is a national
coalition of all major faith communities in Kenya that works
together to deepen interfaith dialogue and collaboration
among members for a common endeavour to mobilize theunique moral and social resources of religious people andaddress shared concerns. IRCK comprises of nine Religious
Coordinating Bodies (RCBs) including; Evangelical Allianceof Kenya (EAK), Hindu Council of Kenya (HCK), Kenya
Conference of Catholic Bishops (KCCB), National Councilof Churches of Kenya (NCCK), National Muslim Leaders
Forum (NAMLEEF), Seventh Day Adventist Church (SDA),
Shia Ithnasharia Muslim Association Supreme Councilof Kenya Muslims (SUPKEM) and Organization of African
Instituted Churches (OAIC Kenya). IRCK also comprises
38 Local Interfaith Networks (LINs) across different counties
in Kenya, the Kenya Women of Faith Network (KWFN)
and Kenya Interfaith Youth Network (KIYN). The RCBs,
KIYN and KWFN have national coverage with structuresthat reach out to grassroots levels at the Counties.

Walk Free
Walk Free is an international human rights group
working to accelerate the end of all forms of modern slavery.
We are the creator of the Global Slavery Index, the world’s
most comprehensive dataset on modern slavery. We use
this data to mobilise powerful forces for change against
these human rights abuses. We work with governments
and regulators, businesses and investors, faith andcommunity leaders to drive systems change and partner
directly with frontline organisations to impact the livesof those vulnerable to modern slavery. We work withsurvivors to build the movement to end modern slavery,
recognising that lived experience is expertise and they
are central to identifying lasting solutions.

ABOUT THIS GUIDEACKNOWLEDGEMENTS

Guidance

TERMINOLOGYFirst and foremost, the Inter-Religious Council of Kenya,
Walk Free, and the Global Freedom Network extend oursincere gratitude to the IRCK leadership team, especially
Chairman Rev. Fr. Joseph Mutie and his Executive team,and the Religious Coordinating Bodies for their continued
cooperation and support.

This guidance on Kenyan advocacy on child andforced marriage (the Guidance) is made available
on an ‘as is’ basis. Walk Free and Global Freedom
Network are initiatives of Minderoo Foundation Limited(ACN 651 422 141) as trustee for the Minderoo Foundation
Trust (Minderoo Foundation). Neither The Inter-Religious
Council of Kenya (IRCK), or Minderoo Foundation,
nor any of their respective directors, officers, employees,
agents or related entities, give any warranties, guarantees
or assurances, and will accept no liability, in connection
with the Guidance or its use, including in relation to its
accuracy, completeness, merchantability or fitness forany particular purpose. The Guidance does not constitutelegal or similar professional advice, is not intended to be used
as a substitute for such advice and should not be relied uponas such advice. The responsibility for opinions expressedin articles, studies and other contributions rests solely
with their authors, and publication does not constitute an
endorsement by IRCK or Minderoo Foundation. Informationand data presented in this guidance is current
as of 31st August 2022.

Modern slavery

Our deepest thanks go to the team of theologians –Rev. John Kamau, Rev. Elias Agola, Sheikh. Yusuf Abuhamza,
and Mrs Asha Gahuri – and members of the Faith for Freedom
Advisory Panel – Smt. Sujata Kotamraju, Mr Salim Vayani,
and Mr Maulid Abdallah – whose contributions of theologicalperspectives and Holy texts provided the foundation for
advocacy upon which this guidance is built. We thankthe Secretariat team, led by Executive Director Mr Ismail
Abdirahman, OGW, who worked closely with theologians
and faith leaders to make this guidance possible.
We also wish to thank the lead consultant, Mr Mutuku
Nguli, and his team of technical experts – who provided
the technical input for this guidance – for their dedicationand expertise. Their input has contributed to a deeper
understanding of child and forced marriage in Kenya
and the role of faith leaders and communities.
Finally, our special thanks go to the program team,led by Program Manager, Mr Linus Nthigai, and Project
Officer, Mr Anthony Blaize, coordinated by the Deputy
Director, Ms Irene Kizito, for their invaluable support.

Copyright in this Guidance is held by Minderoo Foundation.
Users of the Guidance are granted a non-exclusive, nontransferable, non-sub-licensable licence to use the Guidance
for their own personal or internal business purposes.
Any other use must be approved in writing and in advanceby Minderoo Foundation. The Guidance may be updated
from time to time – users should go online to access thecurrent version.

Forced marriage
Forced marriage refers to situations where a person
has been forced to marry without giving their consent.2
A forced marriage might occur under physical, emotional,
or financial duress as a result of deception by family
members, the spouse, or others, or by the use of force
or threats or severe pressure. These marriages areprohibited by several international conventions.3
Child marriage, where at least one of the parties is under
18 years of age – is considered a form of forced marriage,
given that one and/or both parties cannot express full,
free, and informed consent due to their age.4
Read more on other forms of modern slavery here:
walkfree.org/what-is-modern-slavery/

Translations
The disclaimer above must be added to any unapproved
translation of this work, along with the attribution:“This translation was not created by IRCK or MinderooFoundation and should not be considered an official IRCK
or Minderoo Foundation translation. IRCK and MinderooFoundation are not responsible for the content or accuracyof this translation.”

Global Freedom Network
Global Freedom Network (GFN) is the faith-basedarm of Walk Free. We recognise that faith can playa vital role in fighting modern slavery because faithleaders are in a unique position to see into the heartsof their communities. With a philosophy built on interfaithcollaboration, GFN has worked since its inception in 2014
with faith leaders around the world to build bridges between
survivors and law enforcement, cooperative connections
with governments, social workers and survivor support
groups, especially in countries of strong faith and highprevalence of modern slavery. By building relationships
and collaborating with faith leaders and faith-basedorganisations we believe we can increase awareness,understanding, impact, and action.

Copyright

Modern slavery covers a set of specific legal concepts
including forced labour, debt bondage, forced marriage,
slavery and slavery-like practices, and human trafficking.
Although modern slavery is not defined in law, it is used
as an umbrella term that focuses attention on commonalities
across these legal concepts. Essentially, it refers to situationsof exploitation that a person cannot refuse or leave becauseof threats, violence, coercion, deception, and/or abuseof power.1

Adaptations> Cover Image:
Woman hands holding candle light. Symbol of hope,peace and love. Photo credit: Baona via Getty Images.

The disclaimer above must be added to any
adaptation of this work along with the attribution:“This is an adaptation of an original work by IRCK and
Minderoo Foundation. Responsibility for the views andopinions expressed in this adaptation rests solely withthe author or authors of the adaptation and are notendorsed by IRCK or Minderoo Foundation.”

KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

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iFOREWORD

CONTENTS
I wish to proudly present to you, Kenyan advocacy
on child and forced marriage: A guide for faith leaders.
Forced marriage refers to situations where a person has been
forced to marry without giving their consent. Child marriage
is considered a form of forced marriage, given that a person
under 18 cannot consent.

Executive summary....................................................................................................... 2
Introduction................................................................................................................... 4
Section A:
Understanding child and forced marriage in Kenya

Many communities continue to practice child and forced
marriage in Kenya, despite the negative social and healthoutcomes it causes, including persistent poverty andinequality. Not only is the practice unlawful – it is notconsistent with our religious beliefs.

Phoebe’s story............................................................................................................... 8

There is a need to sensitise faith communities to the adverse
impacts of child and forced marriage, to advocate for greater
government action to address the issue, and to strengthen
our collective efforts to eliminate the practice. It is within
this context that this project was conceived.

What are the consequences?......................................................................................... 14

With support from Walk Free, and in deep consultation
with theologians and faith leaders, the Inter Religious
Council of Kenya (IRCK) developed this guidance to provide
a clear framework for faith leaders to engage with theircommunities and the Kenyan government to address childand forced marriage. As custodians of their faiths and pillarsof the communities they serve, faith leaders can truly makea difference.
As the umbrella body of main faith communities in Kenya,
the IRCK is committed to supporting faith leaders to conduct
advocacy to improve the national response to child andforced marriage, including through legal and policy reforms
that strengthen protections and address the underlying
socio-cultural norms and structures that allow the practiceto occur. Central to this effort is the need for communitybased education, training, and empowerment.
We recognise the central importance of survivor
leadership, and commit to using a survivor-centric
approach and promoting opportunities for meaningful
survivor engagement.

Prevalence of child and forced marriage...................................................................... 10
What are the drivers?..................................................................................................... 12
Myths and misconceptions........................................................................................... 16
Section B:
Laws, gaps, and opportunities
Kenya’s legal framework on forced marriage.............................................................. 20
Gaps and opportunities for faith leader advocacy...................................................... 22
Section C:
Advocacy strategies for faith leaders
The role of faith in tackling child and forced marriage................................................ 26
How to conduct advocacy............................................................................................. 28
Appendices
Appendix 1: Legislative framework............................................................................... 30
Appendix 2: Key actors in national and county governments.................................... 31
EndnotesRev. Fr. Joseph Mutie
ChairmanInter-Religious Council of Kenya

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KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

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EXECUTIVE SUMMARY

How to use these guidelines
This guide is intended to be used by faith leaders
to support their advocacy on child and forced marriage.
It consists of three sections:• Section A: Understanding child and forced
marriage in Kenya• Section B: Laws, gaps, and opportunities• Section C: Advocacy strategies for faith leadersForced marriage, including child marriage, is a form of modern slavery –a situation a person cannot refuse or leave due to threats, violence, coercion,
deception, or abuse of power. It constitutes a fundamental violation of thehuman right to enter into marriage with free and full consent, as enshrined
in international law.5
All countries have committed to eliminating forced andchild marriage by 2030, in line with the 2030 Agenda for
Sustainable Development, and positive action to address
the issue can be observed in many countries around theworld.6 However global progress is slow, and the impactsof crises – including conflict, climate change, and the
COVID-19 pandemic – threaten to undermine what little
progress has been made.7
An estimated 22 million people around the world were
living in a forced marriage on any given day in 2021.8
This estimate is conservative – not least because it does
not include all child marriages. Forced marriage occurs
in almost every country, and Kenya is no exception. In fact,
Kenya has among the largest populations of child brides
in the world, falling within the top 20 countries globally.9
While Kenya has a relatively strong legal framework
to combat forced marriage, existing laws are insufficiently
enforced and several critical gaps in legislation remain,
allowing the practice to persist.
Faith leaders see into the hearts of their communities,
and are uniquely placed to support people living in a forced
marriage to regain their freedom and advocate for positivechange. IRCK and Walk Free, in collaboration with faith leaders,have developed this guide to support faith leaders to conduct
advocacy to end forced and child marriage in Kenya. This guidecan be used by the faith community to engage with the Kenyan
government to meet its commitments under the SDGs andprogress action to eliminate forced and child marriage.

Understanding child and forced
marriage in Kenya
Child marriage is considered a form of forced marriage.
While there is limited official data on the prevalenceof forced marriage in Kenya, the 2014 national Demographicand Health Survey estimated that nearly one quarterof women (23 per cent) and three per cent of men aged
20 to 24 were married as children.10 There are several
complex and intersecting drivers of child and forced marriage
in Kenya, including poverty, lack of education, low social andeconomic value placed on girls, and the influence of religious
and cultural norms and practices.11 These drivers vary acrosscommunities, and risk is often exacerbated in the context
of crises, including natural disasters, conflicts, and epidemics.12
2

Key advocacy messages that draw on Christian,Hindu, and Islamic religious teachings are highlighted
throughout this guide and can be used by faithleaders to conduct advocacy to address forced
and child marriage.
Theological reflections are mainly drawn fromthe following:
Christian theological reflections:
The Bible biblegateway.com
Islamic theological reflections:
The Quran quran.com
Hindu theological reflections:
The Bhagavad Gita bhagavad-gita.org/

Those living in a forced marriage are exposed to a numberof adverse social and health impacts,13 which has implications
for not only themselves, but for their families, communities,
and society as a whole. Ultimately, forced marriage
undermines equality, freedom, and human dignity –essential elements of a thriving society. While there
are several myths and misconceptions surrounding
forced marriage – including, for example, that it is a cultural
practice that must be respected, or that it is a religious
problem – the reality is that forced marriage is a global
problem that cuts across countries, regions, cultures,and religions. It is a fundamental violation of human rights
and is condemned by all major faiths.

Laws, gaps, and opportunities
Kenya has a relatively strong legal framework to combat
child marriage: it is one of few countries around the world
to explicitly prohibit the marriage of children under 18
with no exceptions, pursuant to the Marriage Act, 2014.14
However, gaps in the legal framework mean not all formsof forced marriage where consent has not been given havebeen criminalised. Further, many protections enshrinedin national legislation are not fully enforced. Such gaps
represent key opportunities for faith leaders to advocate
for a stronger national response to forced marriage.

Advocacy strategies forfaith leaders
As pillars of their communities and custodians of theirfaiths, faith leaders can play a pivotal role in drivinga stronger government response to forced marriage.
This guide recommends several advocacy strategies
for faith leaders to use to advance collaboration andcoordination to end forced marriage in Kenya by 2030,
in line with the SDGs. Proposed advocacy tools include
writing policy briefs, letters, and submissions; convening
high-level interdenominational forums; participating
in processions and annual commemorations; conducting
advocacy campaigns using traditional and social media;
and using the pulpit to disseminate messages.

> Faith leaders attending a workshop on strategies to end
child and forced marriage in Kenya. Photo credit: IRCK.

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Eradicating forced marriage

INTRODUCTION

According to the 2022 Global Estimates of Modern Slavery, an estimated
22 million people were living in forced marriage on any given day in 2021.15
This is an increase of 6.6 million people living in forced marriage since 2016,
when the last estimates were released.
Forced marriage occurs in all regions of the world. Nearly
two-thirds of all forced marriages – an estimated 14.2 million
people – are in Asia and the Pacific, followed by 14.5 per centin Africa (3.2 million). It is a highly gendered practice, with over
two-thirds of those forced to marry globally being womenand girls.16
Walk Free’s 2023 Global Slavery Index estimates thaton any given day in 2021, 269,000 people were living
in modern slavery in Kenya (5 people per every thousandpeople in the country).17 This includes people in forced
labour and forced marriage. The drivers of forced
marriage – including child marriage – in Kenya vary
widely across regions and communities, yet common
factors include poverty and low economic value placeon girls, lack of education, traditional cultural practices
such as female genital mutilation/cutting (FGM/C),
and adolescent pregnancy.18

Ultimately, forced marriage constitutes a harmful practicethat deprives people of their fundamental human rights
and freedoms, and undermines the social fabric of society.
While Kenya has made great strides to eliminate the practice,including by setting a minimum age of marriage at 18 without
exceptions,19 critical gaps in the response remain.

Kenya has committed to eliminating forced and childmarriage in line with the SDGs, yet if its commitments
are to be realised by the year 2030, a strong multifaceted
approach is needed. This requires:

All major faiths prohibit slavery – everyone hasa responsibility to identify and discourage modern
slavery, including child and forced marriage.

• Enshrining trauma-informed and survivor-centeredmeasures in legislation to strengthen legal protections
against forced and child marriage;

Our faiths prohibit slavery, including child and forced
marriage. In Christianity, the Bible says:• Norms change across national, community, andhousehold levels to ensure that harmful norms thatperpetuate risk are dismantled;• Empowering vulnerable communities to be resilient in thewake of shocks that spur risk of forced marriage; and• Programs to address underlying drivers such as poverty
and the lack of alternatives to child marriage.
Faith leaders, as the moral and spiritual guardiansin their communities, can play a vital role in championing
this effort, as they are in a unique position to see into thehearts of their communities and influence positive change.
IRCK and Walk Free, in collaboration with faith leaders,have developed this guide to support faith leaders to conduct
advocacy to eliminate forced and child marriage in Kenya.
An abridged version of this guide is available in the GFN
smartphone application, Faith for Freedom:
walkfree.org/projects/faith-for-freedom/

Guidance structure> People are seen outside a mosque in Mombasa, Kenya as Muslims
prepare for the holy month of Ramadan on May 16, 2018. Photo credit
Recep Canik/Anadolu Agency via Getty Images.

This guide consists of three sections that introduce faithleaders to the issue of child and forced marriage in Kenya
and support them to conduct advocacy to strengthen thegovernment’s response.
Section A: Understanding child and forced marriage
in Kenya. This section examines the context of child andforced marriage in Kenya, its causes and consequences,and outlines key messages for faith leaders to conduct
advocacy to eliminate the practice.
Section B: Laws, gaps & opportunities. This section
outlines the existing laws and policies on child and forced
marriage in Kenya, as well as gaps in the government’s
response. It highlights key advocacy opportunities andrecommendations to strengthen the national responseto child and forced marriage.
Section C: Advocacy strategies for faith leaders.
This section provides guidance on strategies for faith leaders
to develop policy asks and conduct advocacy to improve
action to address child and forced marriage in Kenya.

The role of faith leaders
Faith leaders are a central pillar of the communities they serve.
They act as counsellors, sources of information and education,and their places of worship become fixed landmarks in theircommunities. These various roles are underpinned by themoral standing provided by their ordination and training,which places them in a vantage position to respond to societal
issues such as child and forced marriage. The trust bestowed
upon faith leaders by their communities makes them wellplaced to lead advocacy efforts to positively transform societal
values and practices. Religious scriptures provide the basis
for faith leaders’ advocacy.
4

KEY ADVOCACY MESSAGE:

KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE“But if out in the country a man happens to meeta young woman pledged to be married and rapes her,
only the man who has done this shall die. Do nothing
to the woman; she has committed no sin deserving
death. This case is like that of someone who attacks
and murders a neighbour.”(Deuteronomy 22:25-26 NIV)In Islam, the Quran demands action against the
oppressor, just like perpetrators of early and forced
marriages, Prophet Muhammad SAW said:
Narrated Abdullah Ibn Abbas“A virgin came to the Prophet (PBUH) and mentionedthat her father had married her against her will so theProphet allowed her to exercise her choice.”(Abu Dawood 2091)

Narrated; “Khamsa Bin Khitam said my father
married me to his nephew and I didn’t like this much
so I complained to the Messenger of Alllah (PBUH).
He said to me accept that your father has arranged,
I said I do not wish to accept what my father has arranged.
He said then this marriage is invalid. Go and marrywhomsoever you wish, I said I have accepted what myfather has arranged but I wanted women to know thatfathers have no consent in their daughters’ choice(they have no right to force a marriage on them)”
Sharh Buhari (5138)- Ibn Majah(1/602)

The Hindu religion encourages parents to support thegirl in choosing her husband:“King Janaka of Mithila organized a grand swayamvaraof his beautiful daughter, Sita. A swayamvara was a ritual
where kings and princes from far and near would visit
the king’s court to ask for the princess’s hand, but only
the bravest would be selected. King Janaka announced
that he had a mighty bow, which was blessed by Shiva.
The one who could string the bow would marry Sita.
Many princes tried but all failed. Nobody could even movethe bow. Rama and Laxmana were also present. All eyes
went to Rama, when his turn came. Rama easily lifted thebow with one hand and strung it with a thunderous twang.
The bow broke into pieces. Then, Sita walked up to Ramaand garlanded him. The wedding was celebrated withgreat joy.”(Ramayana- Sita Swayam Var)

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Section A:

UNDERSTANDING
CHILD AND FORCEDMARRIAGE IN KENYA> A 12-year old girl hangs laundry in the courtyard ofa safehouse, where a rescue center relocated her after she
was raped in an informal settlement on July 9, 2020 in Nairobi,
Kenya. School was declared “null and void” for the year
2020, placing children at increased risk of violence and childmarriage. Parents questioned the value of education versus thealternative of marriage as schools closed due to the pandemic.
Photo credit: Alissa Everett via Getty Images.

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KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

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PHOEBE’S STORYIn Kenya, Phoebe* attended primary school until Grade
Five when, at the age of 12, she was told by her father, a local
Chief, that she was no longer allowed to go as he believedthat being able to read and write her name was a sufficient
education. He also arranged for Phoebe to undergo female
genital mutilation. Phoebe laments her lack of choicein the process.

“I wanted people to listen to myopinion that girl’s mutilation was
as good as death. There was nobody
to listen to me, I had no voice.”
Soon after, Phoebe was told that she was now readyto become a wife and was to be married the same day.
Phoebe tried to stop the marriage by going to the police.
Instead of helping her, the police referred the matterto another Chief who called Phoebe’s father and sent
her back home.

“I thought the police would help me,
but they didn’t, I thought the other
Chiefs would also help me, but they
didn’t… I couldn’t trust anybody.
I didn’t know who to run to.”Phoebe’s father threatened to kill her if she did notmarry, so she reluctantly agreed to become the wifeof a stranger at the age of 12. When her husband’s familycame to collect her, Phoebe remembers how painful
it was for her. Her mother and siblings would not stop
crying. During that moment, she thought of the wordsof Kenyan actress, Lupita Nyong’o, during her Oscar
acceptance speech: “… no matter where you’re from,your dreams are valid.”

Yet, Phoebe remembered feeling as if these words wereno longer true. “I knew that my dreams were gone themoment I boarded the motorbike.” At her husband’s home,
Phoebe was hidden away and all of her movements wereclosely monitored. One day, an organisation came looking
for someone who could translate for them at a women’s
workshop. As Phoebe was the only one with the language
skills needed to help, she was allowed to leave home
to attend the workshop. It was there that Phoebe met
a woman whom she trusted enough to share her story
with. She gave Phoebe a phone number to call and told
her she would rescue her from the marriage, but when
Phoebe called that evening there was no answer.
However, her husband’s family became increasingly
suspicious, and eventually forbade her from attending
the workshops. Phoebe grew despondent and gaveup thinking that her life would amount to anything.
A year later, Phoebe was left alone while her husband’sfamily were out shopping, and she saw her chanceto escape. Leaving the homestead, Phoebe walked
for hours through the bush until she reached her aunt’s
home. “I was tired and weary. It was a long walk without
food and water. I had decided that it was forward ever,and backward never.” From there she was able to go backto her parent’s homestead, only to discover her motherwas no longer living there and her father wanted to send
her back to her husband. Phoebe hatched one last plan
to escape, waking early to walk to her sister’s house,
and they arranged for their brother to take Phoebe
to live with him in another county.

“I was going far away from myproblems. I couldn’t control mytears, the tears of joy running
down my smooth cheeks.”
Phoebe stayed with her brother during her final years
in high school, and lived her dreams of getting education.
*Name has been changed> A woman and a child walk to a water point to in the

town of Laisamis, Marsabit County, Kenya, Aug. 26, 2022.
Photo credit: Dong Jianghui/Xinhua via Getty Images.

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UNDERSTANDING CHILD AND FORCED MARRIAGE IN KENYA

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PREVALENCE OF CHILDAND FORCED MARRIAGE
Walk Free’s 2023 Global Slavery Index estimates that 269,000 people were
living in modern slavery in Kenya on any given day in 2021 (5 per every thousandpeople in the country).20 This includes people in situations of forced labour andforced marriage.

KEY ADVOCACY MESSAGE:
Communities in Kenya are affected by child andforced marriage.
There is no publicly available official data on the prevalenceof forced marriage in Kenya, however the prevalence of childmarriage was last reported in the 2014 Kenya Demographicand Health Survey (KDHS), as shown in Table 1. The survey
found that almost one quarter (23 per cent) of women andnearly three per cent of men aged 20 to 24 years old were
married before the age of 18 in Kenya, while four per centof women and less than one per cent of men in the same agegroup were married before the age of 15.21 Kenya falls within
the top 20 countries globally in terms of the total numberof women aged between 20 and 24 who were first madeto marry as children (580,000).22
Table 1: Prevalence of child marriage in Kenya
Age of marriage

FemaleMale

Under 18

22.9%

2.5%

Under 15

4.4%

0.3%

Source: 2014 Kenya Demographic and Health Survey

Figures in Table 1 refer to the percentage of those aged
20 to 24 in Kenya, who were first married as children –before they reached the age of 18. The United Nations
Children’s Fund (UNICEF) assesses the prevalenceof child marriage among girls in countries around theworld as a percentage of women aged 20 to 24 years
old who were first married or in union before the ageof 18. The data is based on Multiple Indicator Cluster
Surveys (MICS), Demographic and Health Surveys (DHS),
and other national surveys.

10

While Kenya is among countries with the highest numbersof women forced to marry as children, the prevalence
rate varies substantially from region to region. Overall,child marriage is more common in rural areas, and among
those with lower education levels and from lower income
households.23
The rate of child marriage is highest in North Eastern
Kenya (56 per cent), followed by the Coast Province(41 per cent) and Nyanza (32 per cent, see Figure 1).24
In terms of counties, Tana River has the highest prevalenceat nearly 60 per cent, followed by Turkana (57 per cent),
Wajir (53 per cent) and Isiolo (53 per cent, see Figure 2).25
In a separate 2017 UNICEF study on FGM/C and child marriage
among the Rendille, Maasai, Pokot, Samburu and Somali
communities in Kenya, it was found that 68 per cent of all
married or once married female respondents were forced
to marry before their 18th birthday.26 The highest rate ofchild marriage was found in Sook, West Pokot (82 per cent),
followed by Wamba, Samburu (76 per cent), Habaswein,
Wajir South, and Laisamis, Marsabit (58 per cent), Balambala,Garissa (50 per cent), and Kajiado Central, Kajiado (46 percent). Among girls aged between 10 and 17 years old who
were surveyed, the highest rate of child marriage was foundin Sook (64 per cent), followed by Habaswein (58 per cent),
Laisamis (44 per cent), Kajiado Central (28 per cent), Wamba(22 per cent) and Balambala (15 per cent).27 Meanwhileamong girls surveyed, 64 per cent of Pokot respondents,
54 per cent of Rendille respondents, 38 per cent of Somali
respondents, 28 per cent of Maasai respondents, and 17 percent of Samburu respondents reported being married under
the age of 18. Child marriage was also reported among male
respondents, however the prevalence rate was much lower.28

UNDERSTANDING CHILD AND FORCED MARRIAGE IN KENYA

Figure 1: Percentage of women aged 20 to 24 who were married as children in Kenya, by region

Nairobi

7%

Central17%

Eastern18%

Western

27%

Rift Valley

30%

Nyanza

32%

Coast

41%

North Eastern

56%

Source: 2014 KDHS cited in UNICEF 2017, Situational Analysis of Children and Women in Kenya.

Figure 2: Percentage of women aged 20 to 24 who were married as children in Kenya, by county

Tana River60%

Turkana

57%

Wajir

53%

Isiolo53%

Samburu

50%

Migori

50%

Narok

42%

Source: 2014 KDHS cited in National Council for Population and Development 2020, The State of Kenya Population 2020.

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WHAT ARE THE DRIVERS?

There are several complex and intersecting drivers of child and forced
marriage in Kenya, including poverty; low social and economic value placedon girls; lack of education; patriarchal norms and stigma; influence of religious
and cultural norms and practices such as FGM/C, beading and bride price,and crises including natural disasters, conflicts, and epidemics.
Poverty represents a key driver of child marriage in Kenya.
Girls from lower income households, and who have attained
a lower level of education, are more likely to be married
as children.29 This is fuelled by the lower economic value
placed on girls, and widespread views of girls as financial
burdens: girls may be married off by their parents to easefinancial strain on households, or in exchange for paymentof bride price. 30 According to a 2017 UNICEF study, poverty
and the higher bride price attached to younger girls wereprimary reasons for child marriage. Other common drivers
cited by respondents included personal choice, pressure
from fathers, or pressure to conform to social expectations,and traditional requirements. 31

A 2021 study found that some girls in Kenya married
adult men to increase their social and economic standing,while parents reported the marriage to authorities. 32
In a 2022 study of child marriage in pastoral communities
in North Eastern Kenya, several gender norms were
found to sustain child marriage, including the expectation
for girls marry early, to abstain from pre-marital sex,
and to bear many children. 33 The desire for many children
was linked to the expected contribution of children
to economic activities in the context of poverty andthe impact of climate change on the nomadic lifestyle.
Meanwhile, there were limited perceived roles for women
outside of marriage and raising children. 34

Harmful traditional practices such as beading and
FGM/C also drive child marriage. In many communities,
FGM/C signals a girl’s readiness for marriage and reportedly
attracts a higher bride price. 35 Beading is practiced by the
Samburu community and involves girls as young as nine
being given traditional beads by older male relatives
to allow a temporary sexual relationship. Girls who haveundergone FGM/C are not eligible for beading, therefore
parents who do not want to bead their daughter may subject
them to FGM/C, leading to child marriage. 36 Such practices
are rooted in patriarchal norms that devalue women andgirls. Similarly, adolescent pregnancy may result in childmarriage as a means to protect family honour and prevent
negative perceptions associated with sex outsideof marriage. 37 Concerningly, age is rarely verified
at the time of marriage.
Natural disasters, drought, famine, and other climate
factors compound risk. 38 For example, to cope withclimate-related loss of livestock and income, families
have reportedly withdrawn their daughters from school
and married them off in exchange for gifts, which typically
include clothes, milk, and camels. 39 The COVID-19 pandemic
has also increased risk, as the closure of schools forced girls
into marriage earlier than expected.40 Kenyan respondents
in a 2022 study on the impacts of COVID-19 on child andforced marriage reported that they perceived the practice
to be decreasing in Kajiado, Samburu, and Marsabit counties
before the pandemic, but believed the pandemic led
to an increase in cases – primarily due to school closures,
economic loss, and people (including potential victims)
staying home longer.41> A woman crushes wild fruits locally known
as “edung” before boiling it for hour at theParapul village, in Loiyangalani area wherefamilies affected by the prolonged drought
live, in Marsabit on July 11, 2022. At least
18 million people across the Horn of Africa
are facing severe hunger as the worst
drought in 40 years, with over four million
in Kenya’s north. The impact of droughton agriculture and livelihoods increases
the risk of child marriage, as both a meansof income and to ease financial strain.
Photo credit: Simon Maina/AFP via
Getty Images.

KEY ADVOCACY MESSAGE:
Girls should not be discriminated against on thebasis of gender – communities should promote
gender equity, tolerance and acceptance.
Our faith requires us to respect all people and treat
them with dignity as they carry the image of God.
In Christianity, the Bible teaches:“But Jesus went to the Mount of Olives. At dawn
he appeared again in the temple courts, where all
the people gathered around him, and he sat down
to teach them. The teachers of the law and the
Pharisees brought in a woman caught in adultery.
They made her stand before the group and said
to Jesus, “Teacher, this woman was caught in theact of adultery. In the Law Moses commanded
us to stone such women. Now what do you say?”
They were using this question as a trap, in orderto have a basis for accusing him. But Jesus bent
down and started to write on the ground withhis finger. When they kept on questioning him,
he straightened up and said to them, “If any oneof you is without sin, let him be the first to throwa stone at her.” Again he stooped down and wrote
on the ground. At this, those who heard began
to go away one at a time, the older ones first,
until only Jesus was left, with the woman still
standing there. Jesus straightened up andasked her, “Woman, where are they? Has noone condemned you?” “No one, sir,” she said.
“Then neither do I condemn you,” Jesus declared.
“Go now and leave your life of sin.””(John 8:1-11 NIV)In Islam, the Quran states that:“He gifts to whomsoever he wants male offspringand he gifts to whomsoever he wants female
offspring.”(Quran 42:49)“Human Beings we created you all from a maleand a female and made you into nations and tribes
so that you may know one another.”(Quran 49:13)

The Hindu religion supports that everyone can and has
rights regardless of their gender:“Shri Krishna explained to Satyabhama that justas the importance of salt is in every kind of food,in the same way, the importance of women is alsoin every work of the world. Shri Krishna said thata woman is like water, she merges with anyone shemeets. Shri Krishna said that a man who thinksthat his wife or female partner is only his servant,perhaps does not know how to love their mother.”(Mahabharata- Khrishna and Satyabhama)

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WHAT ARE THE CONSEQUENCES?

Forced marriage creates negative social, economic, and health outcomes for theindividuals forced to marry, their families, communities, and society as a whole.
It undermines freedom, equality, and human dignity, which are essential forsocieties to thrive.

Negative health outcomes

Negative economic outcomes

Individuals who are forced to marry are exposed
to several negative mental and physical health outcomes,
including increased risk of physical and sexual abuse andviolence.42 This can lead to increased risk of HIV infection,
adolescent pregnancy, poor reproductive health, fistula,and complications during childbirth, including risk of death.43
Related practices such as FGM/C also carry severe healthrisks, including bleeding, pain during sexual intercourse,
challenges during childbirth, and in some cases, death.44

Later in life, victims of forced marriage are often deprivedof equal employment opportunities and their right to fulleconomic participation. They may also be vulnerable
to other forms of modern slavery, including forced labourand domestic servitude.46 The impact on the economy
is widespread. The cumulative cost of child marriage from2014 to 2030 is estimated to be US$5 trillion. Girls who marryearly are likely to have more children, while larger families
tend to have less money for each member, which means
they are more reliant on the government for basic services.
Ending child marriage could save national welfare systems
over $500 billion per year globally by the year 2030 as a resultof the benefits of lower population growth.47

Negative social outcomesChildren who are forced to marry also face negativesocial outcomes, including lower educational attainment
and poor literacy due to being more likely to leave school,lack of decision-making power within the household,and a higher number of adolescent pregnancies.45
The effects of this are intergenerational, where the childrenof those forced to marry early are more likely to marry early,
thereby locking families into inter-generational poverty.

KEY ADVOCACY MESSAGE:KEY ADVOCACY MESSAGE:Children deserve proper physical, psychologicaland emotional health care, and nourishment.

Child and forced marriage denies individuals andsociety an opportunity to meaningfully engage
in economic, spiritual, and social endeavours.

As faith leaders, we have a responsibility to love
our children and raise them as responsible citizens.
According to the Christian faith, children deserve proper
health care and nourishment during their growth anddevelopment stages, as shown in the Bible:

As faith leaders, we should speak up for those whoare most vulnerable, as guided by the scriptures.
In Christianity, the Bible guides as follows:“Fathers, do not provoke your children to anger,
but bring them up in the discipline and instructionof the Lord.”“Open your mouth for the mute, for the rights
of all who are destitute. Open your mouth,
judge righteously, defend the rights of thepoor and needy.”(Eph. 6:4 ESV)

(Proverbs 31:8-9 NIV)In Islam, Anas bin Malik narrated that the Messenger
of Allah said:

Islam teaches that Allah will punish those who do not
speak against evil such as child and forced marriage,
as guided by Prophet Muhammad SAW:

“Be kind to your children, and perfect theirmanners.”(Ibn Majah) Hadith“Your children have the right of receiving equal
treatment, as you have the right that they should
honour you.”(Abu Dawood) Hadith

In Hinduism, the story of Abhimanyu says:“Abhimanyu a character in Mahabharata was stillin his mother’s womb when he first heard his uncle
Krishna telling Subhadra about the secret of thealmost impenetrable military formation known
as the Chakravyuha. But then Subhadra fell asleep
while listening to Krishna’s story, and so the unborn
child was able to hear only part of the secret.
The story of Abhimanyu points to something thatindigenous communities have long known andscience has confirmed: that no child comes into theworld as a blank slate; that some determinants ofa child’s destiny, including layers of consciousness,
are formed well before birth.”“Indeed when people see an oppressor but do notprevent him /her from doing evil, it is likely that
Allah will punish them all.”(Ibn Dawood) Hadith

In Hinduism, there are many paths to enlightenment,
and one should not resort to harmful actions,such as forced marriages, in the pursuit of economic
and spiritual goals:“In whatever way men approach me, even so do
I reward them; my path do men tread in all ways,
O son of Prtha.”(Chapter 4, Verse 11)(Mahabharata)> Children from the pastoral Turkana community walkon October 18, 2022 in file as they head to receive lunch
rations at a nearby food aid distribution point duringa drought-intervention community outreach clinic
organised by United Nations Internationational
Childrens Education Fund (UNICEF) at Nadoto village.
Photo credit: Tony Karumba via Getty Images.
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MYTHS AND MISCONCEPTIONSMYTH: “Forced marriage only happens to girls.”
REALITY: While women and girls account for the majorityof people in a forced marriage, men and boys are also
affected – accounting for just under one third of thosein a forced marriage globally.49 The practice often pushes
boys into the workforce and forces them to take on adultresponsibilities before they are ready.
KEY ADVOCACY MESSAGE:

Persistent myths and misconceptions surrounding forced marriage inhibit
understandings of the true nature and scale of the problem, and hamper
efforts to address it. It is the responsibility of faith leaders, as authorities uponwhom communities look to for guidance, to raise awareness and to help dispel
these myths.
MYTH: “Child and forced marriage doesn’t affect ourcommunity.”
REALITY: It is a common misconception that child andforced marriage is an issue that does not affect us; however,
it is a global problem that cuts across countries, regions,cultures, and religions: all countries are affected.
MYTH: “Child and forced marriage is a cultural practice,
we have to respect and protect it.”REALITY: In many communities, child marriage has beena tradition for decades, if not centuries – so much so that
it is seen as a core part of the culture. However, childmarriage deprives those impacted of education andeconomic opportunities, and puts their health and safety
at risk as well as socially isolating the child. The solution
is not to condemn all cultures and traditions, but to work
together with communities to change harmful practices.
MYTH: “Child and forced marriage is not a religious problem.”
REALITY: Child and forced marriage can happen within
religious communities, and faith leaders can play a crucialrole in tackling the issue: they can confirm that the bride andthe groom are both above the age of 18 before marriage,
promote progressive interpretations of religious texts,
and help people to understand that their religion does notcondone forced marriage. Importantly, religious texts areopen to be interpreted, and that interpretation can be open
to change, making positive reform possible.48

KEY ADVOCACY MESSAGE:
Always understand your culture and traditions
in relation to child or forced marriage.
Culture, traditions, and religion play a key role in either
promoting or challenging child and forced marriage.
In Christianity, the Bible encourages seeking knowledge
with regards to your culture and tradition:“But you must continue in the things which you
have learned and been assured of, knowing fromwhom you have learned them, and that fromchildhood you have known the Holy Scriptures,
which are able to make you wise for salvation
through faith which is in Christ Jesus.”(2nd Timothy 3:14 NKV)In Islam, the Quran advises faith communities to know
their way of faith as in the following:

The Hadith -It is related from Hadrat Abu Hurairah(Radiyallahu Anhu) that the Prophet, may Allah
bless him and grant him peace, said, “A previously
married woman should not be married until she
has been consulted. A virgin is not married until she
has been asked for her permission.”(Sahih Bukhari, Book of Marriage, Hadith 4843)

In Hinduism, reference can be made from VEDAS withrespect to Rishis. In Rig Vedic opinions and classicalliterature, the commonly described marriage type was
Gandharva, where the woman and the man had met
each other in their ordinary village life, or in various
other places such as regional festivals and fairs,
begun to enjoy each other’s company, and decided to be together. This free choice and mutual attraction
were generally approved by their kinsmen.
As Atharvaveda suggests, parents usually let thedaughter freely select her life partner after verifying
his background. Parents of the boy and the girl arrange
their marriage, as per Hindu rituals.

Promote equality and education for all children,
regardless of gender.
Child and forced marriage can be reduced throughpromotion of equality and education for all children,
regardless of gender. Our faith commands us to bring up
our children in the best way possible regardless of theirgender. In Christianity, the Bible says:

MYTH: “Forced marriage is a family matter – it does notconcern us.”REALITY: The consequences of child and forced marriage
do not just stay within the family: when individuals are forced
to marry, everyone around them is affected. Forced marriage
perpetuates cycles of poverty, inequality, and oppression –from one generation to the next. It is one of the most blatantmanifestations of gender inequality. Given the vast majorityof forced marriages are perpetrated by family members,50
it is crucial that victims and survivors have access to support
outside the family network.
KEY ADVOCACY MESSAGE:
If you encounter an incident of child or forced
marriage, seek support and guidance from yourreligious leader and/or relevant authorities.

“These commandments that I give you today are
to be on your hearts. Impress them on your children.
Talk about them when you sit at home and when you
walk along the road, when you lie down and when
you get up.”

As faith leaders we have a responsibility to defend
the defenceless. In Christianity, the Bible states that:(Deuteronomy 6: 6-7 NIV)

(Psalm 12:5 NIV)

“So in Christ Jesus you are all children of God
through faith, for all of you who were baptized into
Christ have clothed yourselves with Christ. There isneither Jew nor Gentile, neither slave nor free,
nor is there male and female, for you are all one inChrist Jesus.”(Galatians 3:26-28 NIV)This is also supported in Islam:“Believers stand up for fairness as Allah witnesses
even if it is against yourselves, your parents or
your relatives, and regardless of whether a person
is wealthy or poor, Allah has more right to yourloyalty than they.”(The Quran 4; 135)

“Whoever supports two girls till they grow up, he andI will come on the Day of Judgement like this.”(Anas Ibn Malik) Hadith

In the Hindu faith, according to the story of Mahabharata
Khrishna and Satyabhama, Krishna talked about thebravery of Satyabhama and women, to convey themessage to the society that everyone can and has
a right to learn regardless of the gender:“Shri Krishna explained to Satyabhama that just as
the importance of salt is in every kind of food, in thesame way, the importance of women is also in every
work of the world. Shri Krishna said that a woman
is like water, she merges with anyone she meets.
Shri Krishna said that a man who thinks that his wife
or female partner is only his servant, perhaps does
not know how to love their mother.”“Because the poor are plundered and the needy
groan, I will now arise,” says the LORD. “I willprotect them from those who malign them.”

In Islam, as Narrated `Abdullah bin `Umar: Allah’s
Messenger said:“Allah will (on the Day of Judgement) question each
person in a position of responsibility about what he(she) was responsible for in this life.”(Tirmidhi 1705)

In Hinduism Rig-Veda 6-64-6 says, at the timeof marriage the woman should preferably choose
a man who likes her most and is delighted to see her.

“Parents should give freedom to the young girlto choose her life partner through the institutionof Svayamvara, which literally means self-choosingof a husband.”(R.V 5-47-6 and 1-71-8)

Marriages arranged by parents are also contemplated.
However, the institution of svayamvara where thebridegroom has to fulfill certain conditions of expertise,
strength, power, knowledge etc., is to be fulfilled
as prescribed by the parents of the bride, before finallygetting married. This clearly shows the great importance
Vedic rsis and munnies gave to women. No dowry
system is mentioned anywhere. Vedas leave no doubt
those male female relationships are more on theprinciple of co-equal relationship of the cosmos
i.e. between Purusha (the Supreme Reality) andPrakrti (Supreme Mother) and thus provide divinity
and sanctity to institution of marriage.

(Mahabharata- Khrishna and Satyabhama)

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Section B:

LAWS, GAPS, AND
OPPORTUNITIES> Evangelical church in Kayole.

Photo credit: Godong/Universal
Images Group via Getty Images.

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KENYA’S LEGAL FRAMEWORKON FORCED MARRIAGE
Kenya has committed to eliminating child and forced marriage by 2030 in linewith the SDGs,51 and has a relatively strong legal framework to tackle childand forced marriage. The government has ratified the UN Convention on the
Elimination of Discrimination Against Women, which obligates states to ensure
free and full consent to marriage,52 and the African Charter on the Rights
and Welfare of the Child, which prohibits child marriage.53 This is enshrinedin national legislation through the recently revised Children Act, 2022.54
Kenya is one of few countries around the world to explicitly
prohibit the marriage of children under the age of 18 without
exception. Pursuant to the Marriage Act, 2014, a person
shall not marry unless they have attained 18 years of age,
and anyone who marries a person below the minimum
age commits an offence.55 The right to consent to marriage
is enshrined in the 2010 Constitution,56 which supersedes
African Customary Law. However, gaps in the legal framework
still exist. For example, forced marriage is not sufficiently
criminalised as a distinct offence under the Marriage Act,
2014: article 89 does not cover all cases where consent has
not been given, and only applies to parties to the marriage.57
Further, the government has not ratified the Convention
on Consent to Marriage, Minimum Age for Marriage,
and Registration of Marriages, 1964. While the 2015-2022
National Plan of Action for Children in Kenya recognisedthat child marriage leads to physical, sexual and emotional
abuse of children, it is unclear what actions were taken
under the plan to respond,58 and the National Plan of Action
to End Child Marriage drafted in 2016 is yet to be finalisedby the government.59
There are also gaps in the implementation and enforcementof existing legislation. More than 60 per cent of Kenyan
respondents in a 2022 study believed the criminal justiceresponse to forced and child marriage to be poor or average.60
A 2021 study conducted in Homa Bay County, Western Kenya
found that some parents of child marriage victims werereluctant to report cases to police in case it would bring shameon their children, while some girls resisted testifying
in court after discovering their spouse could be imprisoned,61
highlighting the need for alternative forms of justice forsurvivors. While information on forced marriage of adults
is limited, domestic violence is rarely prosecuted in Kenya,62
and during the pandemic, survivors of domestic violence werereportedly left without government support and protection.63
Further, the national referral mechanism (NRM) to respondto modern slavery cases is not effectively implemented,64
making it difficult for victims and survivors to access support.
Refer to appendices 1 and 2 for more information
on Kenya’s legislative framework on child and forced
marriage and a summary of key government actors
responding to the issue.

KEY ADVOCACY MESSAGE:
Survivors of child and forced marriage should be
supported to find assistance and appropriate justice.
Justice means different things to different people
and can take many different forms. Justice for survivors
may not always be obtained through the formal criminal
justice system, as not all victims and survivors wantto prosecute, especially when family members
are involved.
Our faiths require that justice be given to those who arevulnerable, that their rights are protected, and that they
be protected from harm.
In Christianity, the Bible states:“Give justice to the weak and the fatherless;maintain the right of the afflicted and the destitute.
Rescue the weak and the needy; deliver them fromthe hand of the wicked.”(Psalm 82:3-4 NIV)In Islam in the Hadith, Prophet Muhammad SAW said:“Indeed when people see an oppressor but do notprevent him /her from doing evil, it is likely that
Allah will punish them all.”(Ibn Dawood) Hadith

In Hinduism, Bhagavad Gita Chapter 1 Verse 37
illustrates the care and protection that Arjuna,
the hero of the Bhagavad Gita, took to assess thesituation on the battlefield before engaging in battle,
demonstrating his concern for justice and avoiding
unnecessary harm to others.

> A worshipper of Adundo Messiah church gestures before

the Sunday church service in Kisumu. Photo credit: YASUYOSHICHIBA/AFP via Getty Images.
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GAPS AND OPPORTUNITIESFOR FAITH LEADER ADVOCACY

Table 2 summarises key gaps in the national response to forced
and child marriage, and opportunities for faith leaders to callon the government to take action. Faith leaders can use the
key advocacy messages highlighted throughout this guide tosupport their advocacy efforts.
Table 2: Gaps and opportunities to improve the government response to forced and child marriage

Faith leaders and their communities can play a vital role in transforming
attitudes around forced and child marriage and supporting efforts
to eliminate the practice.65

Gaps

Opportunities for faith leaders

Not all forms of forced marriage
are criminalised• Engage with the Kenyan government to amend the Marriage Act, 2014 to explicitly
criminalise the act of forcing someone who does not consent to marry, regardless of age.

The Marriage Act does not explicitly criminalise theact of marrying someone who does not consent.

• Advocate for the introduction of a suite of trauma-informed and survivor-centred
measures in legislation, including civil protections that are independent of other legal
proceedings, and protect the individual from marriage without having to penalise theperpetrators, who are often family members.

Lack of a national strategy• Foster increased collective commitment to call on the government to finalise
and adopt the National Action Plan to End Child Marriage.

The National Plan of Action to End Child Marriage,
drafted in 2016, is yet to be adopted.

Lack of enforcement of laws and policies
Despite the existence of robust laws and policies
on child and forced marriage, these are not fully
implemented in practice.

• Foster increase commitment to ending forced marriage at the community level –involve men and boys in this effort and sensitize community members to reportcases to authorities.
• Develop advocacy strategies targeting the Presidency, relevant Cabinet Secretaries,
County Government, Regional and County Commissioners, Chiefs and local leaders.
• Led by IRCK, collaborate with the government to adopt a consolidated, collaborative,
and multi-sectoral approach to address child and forced marriage involving
faith leaders.
• Advocate for equitable access to education, employment, and support services andthe removal of structural barriers that drive child and forced marriage.
• Support the implementation of programs focused on the enforcement of laws against
forced and child marriage, including provision of training and resources for law
enforcement and frontline responders.
• Advocate to strengthen civil registration systems, which record births and marriages,
to improve efforts to prevent child marriage.

Lack of systematic data collection andcentralised database
Data on forced and child marriage is not collected
systematically nor stored in a centralised database,hampering the establishment of trends for programming
and advocacy purposes. The 2022 KDHS survey does notinclude data on age at first marriage.66• Advocate for the government to conduct survivor-centered, trauma-informed
research on the nature and scale of child and forced marriage in Kenya andappropriate responses.

Ineffective coordination among
government and non-government actors• Encourage faith leaders to familiarise themselves with the NRM

Limited coordination between state and non-state
actors results in disjointed efforts to address child andforced marriage. The National Referral Mechanism forin Kenya is not fully implemented.

> Kenya Women of Faith Network representatives looking
at highlights of the MOU signing ceremony between IRCK and
GFN. Photo Credit: IRCK.

• Engage with the Kenya Bureau of Statistics to ensure that data collection for the
KDHS includes child and forced marriage indicators.

Inadequate resources (including
community capacity)
Despite strong will among various stakeholders toaddress child and forced marriage, lack of resources
hinders efforts.

• Advocate for the government to annually publish official statistics related toforced marriage, including the number of reported cases, arrests, investigations,prosecutions, and convictions.

• Advocate for the government to strengthen implementation of the NRM and work
collaboratively with faith leaders to support its implementation.67• Collaborate with local leaders and other relevant stakeholders such as civil society,other faith-based organisations, and the UN agencies in promoting the rights ofyoung people, including through education-in-culture (learning through a culturallens) and culture-in-education (embedding culture in learning) and raising awarenessof reporting mechanisms and referral pathways.
• Led by IRCK, mobilise a pool of resources through convening a donor roundtable
to share a vision for a country free from child and forced marriages.
• Advocate for the improvement of access to youth-friendly sexual and reproductive
health information and services.
• Advocate for religious schools to educate children to know and exercise theirrights with regard to child marriage, develop skills to support their own life plans,
and to have opportunities to connect with their peers and support each other.
• Sensitize communities on the existing legal framework and referral pathways forchild and forced marriage.

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Section C:

ADVOCACYSTRATEGIES FOR
FAITH LEADERS> Faith leaders advocate for the development andimplementation of laws, policies and programs that
address forced marriages in Kenya. Photo Credit: IRCK.

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THE ROLE OF FAITH IN TACKLINGCHILD AND FORCED MARRIAGEKEY ADVOCACY MESSAGE:
Faith leaders should provide support to survivors
and conduct advocacy to strengthen thegovernment response.
In the Christian faith; the Bible states that:

Faith leaders play a critical role to tackling child and forced marriage. They canchange attitudes and provide solace to survivors. This section provides guidance
for faith leaders on how to conduct advocacy for stronger action to addressforced and child marriage in Kenya.

“Everyone must submit himself to the governing
authority for there is no authority except that which
God has established”(Romans 13:1,NIV )“My brothers, some from the Chloe’s households haveinformed me that there are quarrels among you”
(1st Corinthians 1:11 NLV.)

Why should faith leaders
get involved?

Child and forced marriage
survivor engagement

Modern slavery, including forced marriage, involves
the exploitation of people for profit or personal gain.
It constitutes a fundamental violation of human rights,
and undermines the core principles of our faiths.
Yet faith leaders are uniquely placed to make a difference –as custodians of their faiths and pillars of the communities
they serve, faith leaders can play a vital role raisingawareness and transforming attitudes to engender
lasting positive change.

Survivors have invaluable insights when it comesto developing solutions to child and forced marriage,
yet often, efforts to address modern slavery are designed
and developed without their input. Survivor involvement
is important as it recognises that lived experience is expertise.
It refers to the development or delivery of a process or projectthat is being carried out ‘with’ or ‘by’ survivors rather thanbeing ‘for’ or ‘about’ them. Faith leaders should both seek
to engage survivors in their own advocacy plans, and should
advocate for survivor inclusive government responses.
Survivor involvement must always be safe, supportive,
trauma-informed, and consensual.

A CALL TO ACTION FOR FAITH LEADERS• Talk and pray about forced and child marriage
in your place of worship.
• Create a safe space where concerned people
and potential victims/survivors feel comfortablereaching out.
• Raise awareness on forced and child marriage
in your community.
• Collaborate with other faith leaders and otherrelevant stakeholders to transform attitudes
and systems that promote forced marriage.
• Adhere to the Marriage Act, 2014 when officiating
marriages, for it does not contradict faiths.

Faith leaders may also find themselves in a position
to respond directly to an instance of modern slavery –as trusted members of the communities they serve,
they are well placed to identify and support victims andsurvivors. When responding to modern slavery, faith leaders
should use a trauma-informed, survivor-centered approach.
Ensuring survivor safety and the right to information,
non-discrimination, consent, privacy, and confidentiality
is paramount. Faith leaders should refer reports to therelevant authorities. More information is available in theFaith for Freedom smartphone app.

In Islam; the Quran states that:“And do not stand for that of which you haveno knowledge verily the hearing, the sight andthe heart are all of these for which you will
be questioned”(The Quran 17:36)

The Quran emphasises the importance of obeying
Allah and the Prophet, as well as those in authority
among Muslim:“Obey Allah and obey the Messenger and thosein authority among you. And if you disagree overanything, refer it to Allah and the Messenger, if you
should believe in Allah and the Last Day. That is thebest [way] and best in result”(Surah Al-Anfal, verse 46)“And those who have been given knowledge seethat what is revealed to you from your Lord is thetruth, and it guides to the path of the Exalted in
Might, the Praiseworthy”(The Quran Surah Saba, verse 6)

In the Hindu faith, the Bhagavad Gita Chapter 3,
Verse 21, Lord Krishna says:“Whatever action a great man performs,
common men follow. And whatever standards
he sets by exemplary acts, all the world pursues.”
This verse suggests that great leaders and individuals
in authority who act with wisdom and compassion can
inspire others to follow their example and work towards
creating a better society and those who get inspiredin turn promote common good.

> Religious leaders commit to ending child and forced
marriages in Kenya as the IRCK and GFN leadership observes.
Photo Credit: IRCK.

More resources on trauma-informed approaches
and survivor engagement are available at:survivoralliance.org/survivor-engagement-resources• Advocate for the amendment of the Marriage
Act 2014 to criminalise forced marriage in all cases
where a party does not consent to the marriage.
• Work with the government to strengthen the
response to forced and child marriage.

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HOW TO CONDUCT ADVOCACY

Advocacy tools and approaches

Faith leaders can follow the steps outlined in Figure 4 to develop an advocacy
plan to champion action to end forced and child marriage.

Policy briefs, letters, and submissions

Figure 4: steps in the advocacy process

Identify the issue
What is the issue you seek to address?

1
2

Set your goals, objectives,and indicators for success
What is your desired outcome and how
will you know it has been achieved?

Consider why you want to adress theissue, who you are trying to reach with themessage, and what action you want youraudience to take. Clearly state your asks.

5
6

Implement
Carry out your advocacy plan.

Identify your target audience
Map the relevant stakeholders –who are the decision makers with authority
to bring about the desired change?
Who are the advocates and collaborators –those who have access to and are able
to influence the decision makers?

Policy briefs, letters, and submissions calling for increased
action to end forced and child marriage are an effective way
to communicate your message to government stakeholders.
Such efforts should be informed by evidence, draw attention
to areas where further action is required, and recommend
solutions (for example, those highlighted in Table 2).
Papers can be presented to relevant government
institutions such as the Minister, Permanent Secretary,
Constitutional Commissions, and Regional and County
administrators, with a view to influencing policy andlawmaking. Faith leaders can seek meetings to present
their policy asks face-to-face or virtually.
Faith leaders can also make submissions to UN bodies
to inform their review of Kenya and related
recommendations for the Kenyan government:
The UN Human Rights Council assesses how countries
are meeting their human rights obligations through the
Universal Periodic Review (UPR). The UPR process allows
civil society actors to make written contributions to the
Office of the High Commissioner for Human Rights to informthe review. More information on the submissions process
and Kenya’s next review period can be found here:
https://www.ohchr.org/en/hr-bodies/upr/ngos-nhris
The UN Committee on the Elimination of Discrimination
Against Women (CEDAW) monitors how countries are
implementing the Convention on the Elimination of All Formsof Discrimination Against Women, which includes the rightto marry with free and full consent. Civil society and contributewritten submissions to inform on how the governmentis fulfilling its obligations. Information on the reporting
cycle, where information on how to make a submissionis also posted, can be found here:
https://tbinternet.ohchr.org/_layouts/15/
TreatyBodyExternal/SessionsList.aspx?Treaty=CEDAW

Identify Channels of Communication

Convene a high-level interfaith forum

Consider the best way to communicate
your message. Advocacy communication
should inform, persuade, move to action,or maintain relationships and support.

Faith leaders can convene a high-level interfaith forum
to develop and agree on a coordinated advocacy approachto end child and forced marriage, targeting all levelsof government. This approach takes advantage of theintra and interfaith structures that exist across thecountry and internationally. The forum will facilitate
the development of a faith-led agenda anchored in faithleaders’ shared commitments to work with youth, the girlchild, promote education for all, and transform harmful
attitudes and traditions.

7
8

28

Build your understanding of the issue,
its causes and consequences, and theenvironment in which it occurs.

3
4

Develop your message

Collect information

In addition to the steps outlined above, some specificactions faith leaders can take include: writing policy
briefs, letters, and submissions; convening high-levelinterdenominational forums; conducting advocacy campaigns
using traditional and social media; participating in processions
and annual commemorations; and using the pulpit
to disseminate messages.

Evaluate

Advocacy campaigns using traditionaland social media
Faith leaders can design, develop, and implement advocacy
campaigns using traditional and social media. It can focus
on one or more areas where further action is required
to address forced and child marriage and call for increased
action. Advocacy campaigns can be disseminated throughmultiple channels, including for example, via social media;
newspaper features; and television, radio, and podcast
interviews and discussions.
Faith leaders should consider the diversity of their audiences
and seek to provide content in diverse languages (including
Kiswahili and English), observe cultural and traditional
sensitivities, and involve both traditional and local leadersin these conversations.
IRCK and Walk Free, in collaboration with faith leaders,have created Information, Education and Communication(IEC) materials to support faith leaders to disseminate key
messages and conduct advocacy and on eliminationof child and forced marriage.
IEC materials are available to download at:
Inter-Religious Council of Kenya
https://interreligiouscouncil.or.ke
Faith For Freedom (scan QR code below)

Processions and annual commemorations
Faith leaders can conduct advocacy through processions
and annual commemorations, harnessing the rich faithtradition of community outreach. In this setting, messages
could include, but are not limited to: how to report cases
and where to seek help, using the Faith For Freedom app
for deeper learnings, promoting equity for both genders,promoting education for girls, and calling to be each“brother’s/sister’s keepers.”

Use the pulpit to disseminate messages
Through the congregational model, the pulpit provides
an opportunity for faith leaders to draw on the religious
scriptures highlighted in this guide to deliver key advocacy
messages. Faithfuls hold a deep conviction as to how religion
shapes their lives, and the pulpit allows faith leaders to raiseawareness of the issue of child and forced marriage to foster
greater understanding, attitudinal and behavioural change.

Faith For Freedom
Scan the QR code
to download the Faith
For Freedom app andlearn more aboutmodern slavery, how to
respond to situations ofmodern slavery, and theimportant role of faithin addressing the issue >Monitor and evaluate the results.

ADVOCACY STRATEGIES FOR FAITH LEADERSKENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

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29

APPENDIX 1:LEGISLATIVE FRAMEWORKAPPENDIX 2:
KEY ACTORS IN NATIONALAND COUNTY GOVERNMENTS

Table 3: Laws, policies, and gaps in the response to forced and child marriage in Kenya
Law/policy

Description

Gaps

The Constitution of
Kenya, 2010

Establishes the right of every adult to marry a person of the opposite sex, based on thefree consent of the parties under article 45(2).

• Lack of implementation.

The Children Act,
No. 29 of 2022

Defines a child as a person who has not attained the age of 18 and prohibits childmarriage and other harmful cultural or religious rites, customs, or practices likely toadversely affect a child under article 23. A person who subjects a child to marriage
commits an offence is liable to imprisonment for not less than three years or to a fine of
not less than five hundred thousand shillings, or to both.

• The law is insufficiently enforced.

Table 4: Key actors addressing forced and child marriage
ActorsState Department for Social Protectionand Senior Citizen Affairs, Ministry ofLabour and Social Protection

A child defined as in need of care and protection includes a child who has been or is
likely to be subjected to child marriage under article 144.

Under article 150, if a Court is satisfied that a child brought before it is in need of careand protection, the Court may – if the child is subjected to early marriage – make anorder declaring the marriage null and require that the child be placed in the care of afit person.
The Marriage Act,
No. 4 of 2014

States a person shall not marry unless they have reached 18 years of age and declares
marriages of those under the age of 18 void per articles 4 and 11.
Establishes that a party to a ceremony who knows or has reason to believe that theconsent of the other party was induced by coercion or fraud or by a mistake as tothe nature of the ceremony, or that the other party was suffering from any mental
disorders, mental disability, was intoxicated, or under the influence of drugs, commits
an offence and is liable to imprisonment for up to three years or a fine of three hundred
thousand shillings or to both, per article 89, and declares these marriages void per
article 11.

The Sexual
Offences Act, No. 3
of 2006• The law is insufficiently enforced.
• Proof of age is often not produced
for marriage ceremonies.
• Police officers and court officials
lack resources and capacity to
enforce the law and may hamper
enforcement efforts.68

A person who marries a person below the minimum age commits an offence and isliable to imprisonment for up to five years or a fine or both, per article 87.

• Police lack sufficient training andoften do not see it as their role toprevent child marriages, or deferto the parents’ wishes.

A person who celebrates or witnesses a union where at least one party is below 18
is liable to imprisonment for a term not exceeding six months or a fine or both, per
article 92.

• Current legislation does not cover
all cases where consent has notbeen given.

Establishes offences for penetration of a child, termed ‘defilement’ under article 8.

• The law is insufficiently enforced.

Under Part IV, establishes offences for performing or facilitating female genital
mutilation, a known driver of child marriage in Kenya.

The CounterTrafficking in
Persons Act, No. 8
of 2010

Establishes the offence of trafficking in persons whereby the purpose of exploitation
includes child marriage and forced marriage, per article 2.

The National Council for Children’sServices (NCCS), Ministry of Labour
and Social Protection

Responsible for the regulation and coordination of provision of children’s
services; ensuring compliance with international, regional, and national
obligations, statutes, laws, and policies on children; and advising government
on children’s matters.

Department of Children’s Services(DCS), Ministry of Labour andSocial Protection

Counties

National Police Service

National Plan of
Action for Children
in Kenya 2015-2022

Planned actions include the elimination of child marriage and awareness raisingsessions on issues such as child marriage.

Mandated to safeguard and protect the rights and welfare of children for national
prosperity in accordance with the Children’s Act.
Website: socialprotection.go.ke/children-services/
Counties act as a link between the county and the national government andthey coordinate, implement, monitor and evaluate child protection services
at the county level. They provide capacity building for frontline workers,
mobilise resources, and disseminate information and policies on children.
Responsible for receiving complaints and recording witness statements,
investigations, collection and preservation of evidence, present witnesses
in court, work in collaboration with gender desks.
Website: npsc.go.ke/ | nationalpolice.go.ke

Ministry of Health• Enforcement is often
compromised at the local level bycultural norms.

Ministry of Education

Responsible for providing a progressive, sustainable and equitable healthcare system for all.
Website: health.go.ke/• Police officers lack sufficienttraining to enforce the law.69

A person who traffics another person for the purpose of exploitation commits anoffence and is liable to imprisonment for a minimum term of thirty years or to a fine or
to both, per article 3. A person who finances, controls, aids or abets the commission of
an offence of trafficking in persons is also liable to punishment.

Website: gender.go.ke/

Website: nccs.go.ke/• Lack of referral pathways
hampers access to justice.

• The law is insufficiently enforced.

Website: socialprotection.go.ke/

Ministry of Public Service Gender andAffirmative Action• Police officers lack adequate
training and resources to address
the issue.

The Prohibitionof Female Genital
Mutilation Act, No.
32 of 2011

Responsible for the promotion of decent work and protection of vulnerable
groups, including through development and implementation of programmes
to address child labour.
Responsible for the coordination of gender mainstreaming in national
development planning and the promotion of equitable political and socioeconomic development for women, men, girls, and boys. This includes
monitoring prevalence and coordinated programmes to address FGM/C
and sexual and gender-based violence.

State Department for Gender andAffirmative Action,

Under article 145, any person who has reasonable cause to believe that a child is in needof care and protection may report the matter to the nearest authorised officer, whoshall take such steps as may be necessary for securing a Court order for the care andprotection of the child in a place of safety or other alternative care in accordance with
the Act.

Role

National Gender and Equality
Commission (NGEC)

Responsible for the coordination of education, training and research.
Website: education.go.ke/
Mandated to promote and ensure gender equality, principles of equality
and non-discrimination for all persons in Kenya as provided for in the 2010
Constitution, with a focus on special interest groups including women andchildren.
Website: ngeckenya.org/• The implementation period of theplan ended in 2022 but its impact
in addressing child marriage
cannot be clearly established.

Kenya National Commission on Human
Rights (KNCHR)

An independent National Human Rights Institution established to protect andpromote human rights in Kenya.
Website: knchr.org/*As at April 2023

*As at April 2023
30

APPENDICESKENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

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31

13

ENDNOTES
1

International Labour Organization, Walk Free & International
Organization for Migration 2022, Global Estimates of Modern
Slavery, p. 13. Available from: https://cdn.walkfree.org/
content/uploads/2022/09/12142341/GEMS-2022_Report_EN_
V8.pdf. [8 November 2022].

2

As above, p. 15.

3These marriages are prohibited by several international
conventions, including those that prohibit slavery andslavery-like practices, including servile marriage. Other formsof exploitation can also occur within the context of a forced
marriage, such as human trafficking and forced labour. The
Supplementary Convention on the Abolition of Slavery, theSlave Trade and Institutions and Practices Similar to Slavery(1956) defines servile marriage as a “slavery like practice,” in
Article 1(c) as follows: “Any institution or practice whereby: (i)A woman, without the right to refuse, is promised or given in
marriage on payment of a consideration in money or in kindto her parents, guardian, family or any other person or group;or (ii) The husband of a woman, his family, or his clan, has
the right to transfer her to another person for value received
or otherwise; or (iii) A woman on the death of her husband
is liable to be inherited by another person.” See also, UN
General Assembly, Resolution 2200A (XXI), International
Covenant on Civil and Political Rights, 1966, Article 8; UN
General Assembly, resolution 71/480, Child, Early and Forced
Marriage, A/RES/71/480 (2016); and UN General Assembly,
Resolution 1763 A (XVII), Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of Marriages
Resolution, 1962. Cited in International Labour Organization,
Walk Free & International Organization for Migration 2022,
Global Estimates of Modern Slavery, p. 15. Available from:https://www.walkfree.org/reports/global-estimates-ofmodern-slavery-2022/.

4

5

32

According to the Committee on the Elimination ofDiscrimination against Women and the Committee on the
Rights of the Child, “A child marriage is considered to be aform of forced marriage, given that one and/or both parties
have not expressed full, free and informed consent. Source:
UN Committee of the Elimination of Discrimination Against
Women and UN Committee on the Rights of the Child,
Joint general recommendation No. 31 of the Committee on
the Elimination of Discrimination against Women/generalcomment No. 18 of the Committee on the Rights of the Child(2019) on harmful practices, CEDAW/C/GC/31/Rev.1–CRC/C/
GC/18/Rev.1. Cited in International Labour Organization, Walk
Free & International Organization for Migration 2022, Global
Estimates of Modern Slavery, p. 15. Available from: https://www.walkfree.org/reports/global-estimates-of-modernslavery-2022/.
Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) 1979, (resolution 34/180), opened
for signature 18 December 1979, entered into force 3
September 1981, art 16; Universal Declaration of Human
Rights (UNHR) 1948, (General Assembly resolution 217 A (III)),
10 December 1948, art. 16(2)6For example, several countries have introduced legislation
to raise the minimum age of marriage to 18, including thePhilippines: An Act Prohibiting the Practice of Child Marriage
and Imposing Penalties for Violations Thereof, 2021 (Republic
Act No. 11596) (The Philippines); Parrocha, A 2022, ‘Duterte
signs law criminalizing child marriage’, Philippine News
Agency, 6 January. Available from: https://www.pna.gov.
ph/articles/1164695#:~:text=MANILA%20%E2%80%93%20
Child%20marriage%20is%20now,Republic%20Act%20(R.A.)&text=Under%20the%20law%2C%20the%20
facilitation,%E2%80%9Cunlawful%20and%20prohibited%20
acts.%E2%80%9D. [31 January 2022].

7

United Nations 2022, The Sustainable Development Goals
Report: 2022, p. 36. Available from: https://unstats.un.org/
sdgs/report/2022/The-Sustainable-Development-GoalsReport-2022.pdf. [1 May 2023].

8

International Labour Organization, Walk Free & International
Organization for Migration 2022, Global Estimates of Modern
Slavery, p. 5. Available from: https://cdn.walkfree.org/
content/uploads/2022/09/12142341/GEMS-2022_Report_EN_
V8.pdf. [21 September 2022].

9Girls Not Brides 2019, Top 20 countries with the highest
absolute numbers of child marriage*. Available from: https://www.girlsnotbrides.org/learning-resources/child-marriageatlas/atlas/. [1 May 2023].

Wangamati, CK, Sundby, J, Izgubara, C, Nyambedha,
EO & Prince, RJ 2021, ‘Challenges in Supporting Survivorsof Child Sexual Abuse in Kenya: A Qualitative Study ofGovernment and Non-governmental Organizations’,
Journal of Interpersonal Violence, vol. 36, no. 15-16, pp.
8773-8799. Available from: https://journals.sagepub.com/
doi/abs/10.1177/0886260519846864?journalCode=jiva.
[24 April 2023]; Bhalla, N 2019,’Kenyan girl’s rescue shows
community key to ending child marriage’, Thomson Reuters
Foundation, 15 January. Available From: https://news.trust.
org/item/20190115152845-l348d/. [26 April 2023]. Lowe, H,
Kenny, L, Hassan, R, Bacchus, LJ, Njoroge, P, Dagadu, NA,
Hossain, M & Cislaghi, B 2022, ‘‘If she gets married when she
is young, she will givebirth to many kids’: a qualitative studyof child marriagepractices amongst nomadic pastoralist
communitiesin Kenya’, Culture, Health & Sexuality, vol. 24,
no. 7, pp. pp. 886-901. DOI:https://doi.org/10.1080/136910
58.2021.1893821. [26 April 2023]. United Nations Children’s
Fund 2017, Baseline Study Report: Female Genital Mutilation/
Cutting and Child Marriage among the Rendille, Maasai,
Pokot, Samburu and Somali Communities in Kenya, United
Nations, pp. 24 & 98. Available from: https://www.unicef.
org/kenya/media/531/file/Kenya-0000074.pdf.pdf. [1 May
2023]; Lowe, H, Kenny, L, Hassan, R, Bacchus, LJ, Njoroge,
P, Dagadu, NA, Hossain, M & Cislaghi, B 2022, ‘‘If she getsmarried when she is young, she will givebirth to many kids’:
a qualitative study of child marriagepractices amongst
nomadic pastoralist communitiesin Kenya’, Culture, Health &Sexuality, vol. 24, no. 7, pp. pp. 886-901. DOI:https://doi.org/1
0.1080/13691058.2021.1893821. [26 April 2023].

14

Marriage Act, 2014 (Act No. 4 of 2014) (Kenya) arts 4 & 11.

15

International Labour Organization, Walk Free & International
Organization for Migration 2022, Global Estimates of Modern
Slavery, p. 5. Available from: https://cdn.walkfree.org/
content/uploads/2022/09/12142341/GEMS-2022_Report_EN_
V8.pdf. [2 October 2022].

16

As above

10

Government of Kenya 2014, Kenya Demographic and Health
Survey 2014, p. 59. Available from: https://dhsprogram.com/
pubs/pdf/fr308/fr308.pdf. [1 May 2023].

17

Walk Free 2023, The Global Slavery Index 2023, MinderooFoundation. Available from: https://www.walkfree.org/
global-slavery-index/.

11

United Nations Children’s Fund 2017, Situation Analysis
of Children and Women in Kenya, 2017, United Nations.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023]; Girls Not Brides
n.d., Child marriage atlas: Kenya. Available from: https://www.girlsnotbrides.org/learning-resources/child-marriageatlas/atlas/kenya. [1 May 2023]; Iris Group 2020, CHILD,EARLY, AND FORCED MARRIAGE: A Political Economy Analysis
of Kenya Available from: https://www.girlsnotbrides.org/
documents/1627/Kenya_PEA_Report_10-10-21.pdf. [1 May
2023]; Warria, A 2019, ‘Child Marriages, Child Protection andSustainable Development in Kenya’, Women’s Health and Action
Research Centre, vol. 23, no. 2, pp. pp. 121-133. Available from:https://www.jstor.org/stable/26772609. [26 April 2023].

18

Iris Group 2020, CHILD, EARLY, AND FORCED MARRIAGE: A
Political Economy Analysis of Kenya, p. 19. Available from:https://www.girlsnotbrides.org/documents/1627/Kenya_
PEA_Report_10-10-21.pdf. [1 May 2023].

19

Marriage Act, 2014 (Act No. 4 of 2014) (Kenya) arts 4 & 87

20

Walk Free 2023, The Global Slavery Index 2023, MinderooFoundation. Available from: https://www.walkfree.org/
global-slavery-index/.

21

Government of Kenya 2014, Kenya Demographic and Health
Survey 2014, p. 59. Available from: https://dhsprogram.com/
pubs/pdf/fr308/fr308.pdf. [1 May 2023].

22Girls Not Brides 2019, Top 20 countries with the highest
absolute numbers of child marriage*. Available from: https://www.girlsnotbrides.org/learning-resources/child-marriageatlas/atlas/. [1 May 2023].

12

United Nations Children’s Fund 2017, Situation Analysis
of Children and Women in Kenya, 2017, United Nations.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023]; Girls Not Brides
n.d., Child marriage atlas: Kenya. Available from: https://www.girlsnotbrides.org/learning-resources/child-marriageatlas/atlas/kenya. [1 May 2023]; Wadekar, N 2020,’Kenya Is
Trying to End Child Marriage. But Climate Change Is PuttingMore Young Girls at Risk’, Time, 12 August. Available From:https://time.com/5878719/climate-change-kenya-childmarriage/. [1 May 2023]; Esho, T, Matanda, DJ, Abuya, T,
Abebe, S, Hailu, Y, Camara, K, Mouhammed, B, Kapsandui, T,
Kamanzi, L, Wabwire, A, Kagurusi, P, Nankanja, M, Gitimu, A,
Kawai, D, Kogada, J, Ondigo, M & Osur, J 2022, ‘The perceived
effects of COVID-19 pandemic on female genital mutilation/
cutting and child or forced marriages in Kenya, Uganda,
Ethiopia and Senegal’, BMC Public Health, vol. 22, no. 601, pp.
1-14. Available from: https://bmcpublichealth.biomedcentral.
com/articles/10.1186/s12889-022-13043-w. [1 May 2023].
ENDNOTES

23

Warria, A 2019, ‘Child Marriages, Child Protection andSustainable Development in Kenya’, Women’s Health andAction Research Centre, vol. 23, no. 2, pp. pp. 121-133.
Available from: https://www.jstor.org/stable/26772609. [26April 2023]; National Council for Population and Development
2020, The State of Kenya Population 2020: “Zero Harmful
Practices - Accelerating the Promise of ICPD25”, Governmentof Kenya & United Nations Population Fund. Available from:https://kenya.unfpa.org/sites/default/files/pub-pdf/state_of_kenya_population_report_2020.pdf. [5 May 2023].

KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

24

United Nations Children’s Fund 2017, Situation Analysis
of Children and Women in Kenya, 2017, United Nations.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023].

25

National Council for Population and Development 2020,
The State of Kenya Population 2020: “Zero Harmful Practices- Accelerating the Promise of ICPD25”, Government of Kenya& United Nations Population Fund. Available from: https://kenya.unfpa.org/sites/default/files/pub-pdf/state_of_kenya_
population_report_2020.pdf. [5 May 2023].

26

United Nations Children’s Fund 2017, Baseline Study
Report: Female Genital Mutilation/Cutting and Child
Marriage among the Rendille, Maasai, Pokot, Samburu andSomali Communities in Kenya, United Nations. Available
from: https://www.unicef.org/kenya/media/531/file/
Kenya-0000074.pdf.pdf. [1 May 2023].

27

Rate of child marriage refers to women aged 20-24 years
who were forced to marry under the age of 18.

28

United Nations Children’s Fund 2017, Baseline Study
Report: Female Genital Mutilation/Cutting and Child
Marriage among the Rendille, Maasai, Pokot, Samburu
and Somali Communities in Kenya, United Nations.
Available from: https://www.unicef.org/kenya/media/531/
file/Kenya-0000074.pdf.pdf. [1 May 2023].

29

United Nations Children’s Fund 2017, Situation Analysis
of Children and Women in Kenya, 2017, United Nations.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023].

30

As above

31

United Nations Children’s Fund 2017, Baseline Study
Report: Female Genital Mutilation/Cutting and Child
Marriage among the Rendille, Maasai, Pokot, Samburu andSomali Communities in Kenya, United Nations. Available
from: https://www.unicef.org/kenya/media/531/file/
Kenya-0000074.pdf.pdf. [1 May 2023].

32

Wangamati, CK, Sundby, J, Izgubara, C, Nyambedha,
EO & Prince, RJ 2021, ‘Challenges in Supporting Survivorsof Child Sexual Abuse in Kenya: A Qualitative Study ofGovernment and Non-governmental Organizations’, Journalof Interpersonal Violence, vol. 36, no. 15-16, pp. 87738799. Available from: https://journals.sagepub.com/doi/
abs/10.1177/0886260519846864?journalCode=jiva.
[24 April 2023].

33

Lowe, H, Kenny, L, Hassan, R, Bacchus, LJ, Njoroge, P,
Dagadu, NA, Hossain, M & Cislaghi, B 2022, ‘‘If she getsmarried when she is young, she will givebirth to many kids’:
a qualitative study of child marriagepractices amongst
nomadic pastoralist communitiesin Kenya’, Culture, Health &Sexuality, vol. 24, no. 7, pp. pp. 886-901. DOI:https://doi.org/1
0.1080/13691058.2021.1893821. [26 April 2023].

34

As above

35

Girls Not Brides n.d., Child marriage atlas: Kenya. Available
from: https://www.girlsnotbrides.org/learning-resources/
child-marriage-atlas/atlas/kenya. [1 May 2023]; Iris Group
2020, CHILD, EARLY, AND FORCED MARRIAGE: A Political
Economy Analysis of Kenya Available from: https://www.girlsnotbrides.org/documents/1627/Kenya_PEA_
Report_10-10-21.pdf. [1 May 2023]; United Nations Children’s
Fund 2017, Situation Analysis of Children and Women in
Kenya, 2017, United Nations. Available from: https://www.
unicef.org/kenya/media/136/file/SITAN-report-2017-pdf.pdf[1 May 2023].

RETURN TO CONTENTS

33

36

37

38

39

United Nations Children’s Fund 2017, Situation Analysis
of Children and Women in Kenya, 2017, United Nations.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023]; Samburu
Women Trust 2016, The Unspoken Vice in Samburu
Community: Laikipia, Marsabit & Samburu Counties.
Available from: https://www.ngeckenya.org/Downloads/
SWT%20Girl-Child%20beading%20Research%20in%20(Laikipia,%20Samburu%20and%20Marsabit)%20Counties.
pdf [1 May 2023].
Girls Not Brides n.d., Child marriage atlas: Kenya. Available
from: https://www.girlsnotbrides.org/learning-resources/
child-marriage-atlas/atlas/kenya. [1 May 2023]; Iris Group
2020, CHILD, EARLY, AND FORCED MARRIAGE: A Political
Economy Analysis of Kenya Available from: https://www.girlsnotbrides.org/documents/1627/Kenya_PEA_
Report_10-10-21.pdf. [1 May 2023].

43

44

United Nations Children’s Fund 2017, Situation Analysis ofChildren and Women in Kenya, 2017, United Nations, p. 97.
Available from: https://www.unicef.org/kenya/media/136/
file/SITAN-report-2017-pdf.pdf [1 May 2023]; United Nations
children’s Fund 2022,’Child marriage on the rise in Horn ofAfrica as drought crisis intensifies’, 28 June. Available From:https://www.unicef.org/press-releases/child-marriage-risehorn-africa-drought-crisis-intensifies. [1 May 2023].
Wadekar, N 2020,’Kenya Is Trying to End Child Marriage. But
Climate Change Is Putting More Young Girls at Risk’, Time, 12
August. Available From: https://time.com/5878719/climatechange-kenya-child-marriage/. [1 May 2023]; United Nations
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kenya/media/531/file/Kenya-0000074.pdf.pdf. [1 May 2023].

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United Nations Children’s Fund 2017, Baseline Study Report:
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Communities in Kenya, United Nations, pp. 24 & 98. Available
from: https://www.unicef.org/kenya/media/531/file/
Kenya-0000074.pdf.pdf. [1 May 2023]; Warria, A 2019, ‘Child
Marriages, Child Protection and Sustainable Developmentin Kenya’, Women’s Health and Action Research Centre,
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jstor.org/stable/26772609. [26 April 2023]. Lowe, H, Kenny,
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M & Cislaghi, B 2022, ‘‘If she gets married when she isyoung, she will givebirth to many kids’: a qualitative studyof child marriagepractices amongst nomadic pastoralist
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40

Ooko, S 2020,’Reformed Circumciser Inspired by Pastor,
Protects Girls at Risk of FGM due to COVID-19’, World Vision,
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46

41

Esho, T, Matanda, DJ, Abuya, T, Abebe, S, Hailu, Y, Camara,
K, Mouhammed, B, Kapsandui, T, Kamanzi, L, Wabwire,
A, Kagurusi, P, Nankanja, M, Gitimu, A, Kawai, D, Kogada,J, Ondigo, M & Osur, J 2022, ‘The perceived effects of
COVID-19 pandemic on female genital mutilation/cutting
and child or forced marriages in Kenya, Uganda, Ethiopia
and Senegal’, BMC Public Health, vol. 22, no. 601, pp. 1-14.
Available from: https://bmcpublichealth.biomedcentral.com/
articles/10.1186/s12889-022-13043-w. [1 May 2023].

Walk Free 2020, Stacked Odds, Minderoo Foundation,
p. 98. Available from: https://cdn.walkfree.org/content/
uploads/2020/10/19130043/WF-Stacked-Odds-20210517.pdf.
[30 September 2022].

47

Girls not Brides 2018, Economic impact of child marriage: A
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documents/880/Economic-Impact-of-CM-Final-LR.pdf. [4June 2023].

48

Wangamati, CK, Sundby, J, Izgubara, C, Nyambedha, EO& Prince, RJ 2021, ‘Challenges in Supporting Survivorsof Child Sexual Abuse in Kenya: A Qualitative Study ofGovernment and Non-governmental Organizations’,
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See for example: Musawah 2019, Muslim Family Laws:
What Makes Reform Possible? Available from: https://www.musawah.org/wp-content/uploads/2019/02/
KnowledgeBuildingBriefs-2-Muslim-Family-Laws-WhatMakes-Reform-Possible-EN.pdf. [1 May 2023].

49

International Labour Organization, Walk Free & International
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Slavery. Available from: https://cdn.walkfree.org/content/
uploads/2022/09/12142341/GEMS-2022_Report_EN_V8.pdf.
[8 November 2022].

50

As above

51

United Nations 2022, Sustainable Development Report:
Kenya. Available from: https://dashboards.sdgindex.org/
profiles/kenya. [5 May 2023].

42

34

ENDNOTES

52

Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) 1979, (resolution 34/180), opened forsignature 18 December 1979, entered into force 3 September
1981, art 16

53

African Charter on the Rights and Welfare of the Child 1990,
11 July 1990, CAB/LEG/24.9/49, art. 21

54

The Children Act, 2022 (No. 29) (Kenya) art 23

55

Marriage Act, 2014 (Act No. 4 of 2014) (Kenya) arts 4 & 87

56

Constitution, 2010 (Kenya) art 45(2)57Marriage Act, 2014 (Act No. 4 of 2014) (Kenya) art 89

58

National Council for Children’s Services 2015, National Plan of
Action for Children in Kenya 2015-2022, Government of Kenya,p. 36 & 61. Available from: https://bettercarenetwork.org/sites/
default/files/2020-10/National-Plan-of-Action-for-Children-inKenya-2015-2022.pdf. [2 May 2023].

59

Girls Not Brides n.d., Child marriage atlas: Kenya. Available
from: https://www.girlsnotbrides.org/learning-resources/childmarriage-atlas/atlas/kenya. [1 May 2023].

60

Esho, T, Matanda, DJ, Abuya, T, Abebe, S, Hailu, Y, Camara,
K, Mouhammed, B, Kapsandui, T, Kamanzi, L, Wabwire, A,
Kagurusi, P, Nankanja, M, Gitimu, A, Kawai, D, Kogada, J,
Ondigo, M & Osur, J 2022, ‘The perceived effects of COVID-19
pandemic on female genital mutilation/cutting and child orforced marriages in Kenya, Uganda, Ethiopia and Senegal’, BMC
Public Health, vol. 22, no. 601, pp. 1-14. Available from: https://
bmcpublichealth.biomedcentral.com/articles/10.1186/s12889022-13043-w. [1 May 2023].

61

Wangamati, CK, Sundby, J, Izgubara, C, Nyambedha, EO& Prince, RJ 2021, ‘Challenges in Supporting Survivorsof Child Sexual Abuse in Kenya: A Qualitative Study ofGovernment and Non-governmental Organizations’, Journalof Interpersonal Violence, vol. 36, no. 15-16, pp. 87738799. Available from: https://journals.sagepub.com/doi/
abs/10.1177/0886260519846864?journalCode=jiva.
[24 April 2023].

KENYAN ADVOCACY ON CHILD AND FORCED MARRIAGE

62

Freedom House 2022, Freedom in the World 2022: Kenya.
Available from: https://freedomhouse.org/country/kenya/
freedom-world/2022. [2 May 2023].

63

Human Rights Watch 2021, “I Had Nowhere to Go”:
Violence Against Women and Girls During the Covid-19
Pandemic in Kenya. Available from: https://www.hrw.org/
report/2021/09/21/i-had-nowhere-go/violence-againstwomen-and-girls-during-covid-19-pandemic-kenya [2 May
2023].

64

Government of Kenya 2019, Guidelines: National Referral
Mechanism for assisting victims of human trafficking in
Kenya. Available from: https://www.socialprotection.go.ke/
wp-content/uploads/2019/07/NRM-Guidelines-for-Kenya-lawres.pdf. [2 May 2023].

65

Kirui, D 2021,’Kenyan tribal elders vow to end FGM, childmarriage in ‘milestone’ for girls’, Reuters, 6 March. Available
From: https://www.reuters.com/article/us-kenya-womenrights-trfn-idUSKCN2AX25Q [1 May 2023]; Bhalla, N
2019,’Kenyan girl’s rescue shows community key to ending
child marriage’, Thomson Reuters Foundation, 15 January.
Available From: https://news.trust.org/item/20190115152845l348d/. [26 April 2023].

66

Kenya National Bureau of Statistics 2022, Demographic and
Health Survey 2022, Government of Kenya. Available from:https://dhsprogram.com/pubs/pdf/PR143/PR143.pdf[2 May 2023].

67

Government of Kenya 2019, Guidelines: National Referral
Mechanism for assisting victims of human trafficking in
Kenya. Available from: https://www.socialprotection.go.ke/
wp-content/uploads/2019/07/NRM-Guidelines-for-Kenya-lawres.pdf. [2 May 2023].

68

Human Rights Watch 2021, “I Had Nowhere to Go”: Violence
Against Women and Girls During the Covid-19 Pandemic in
Kenya. Available from: https://www.hrw.org/report/2021/09/21/
i-had-nowhere-go/violence-against-women-and-girls-duringcovid-19-pandemic-kenya [2 May 2023].

69

As above

RETURN TO CONTENTS

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