As part of a groundbreaking 10-year National Care Reform Strategy, the government is promoting the Kafalah system as a key Islamic, family-based alternative to institutional care.
The ambitious strategy, spearheaded by the State Department for Children Services (SDCS), aims to transition the country away from Children's Charitable Institutions (CCIs) by 2032, prioritizing family and community care for children deprived of parental care and protection.
Shifting from Institutions to Loving Homes
The move is driven by a global understanding that institutional care often fails to provide the personalized love and support children need to thrive.
“We have a wide range of family options such as kinship care, guardianship, adoption and kafalah (among the Muslim community) to ensure children in need of care and protection are placed within a loving family and environment,” said Jane Munuhe, Assistant Director of Children Services.
Speaking at a recent SDCS training workshop in Kakamega, Munuhe emphasized that the government is reinforcing family and community systems to work in the best interests of the child.
“The target is to avoid the situation where a child grows up without love and support from a family. We are not only rights-based in our approach but also ensure that the family and community systems are reinforced,” she added.
This shift does not mean CCIs will disappear, but their role is evolving. Munuhe clarified that existing donor funds should be "ring-fenced" and redirected to support children within family and community settings.
What is the Kafalah System?
Kafalah is an Islamic form of alternative care designed for vulnerable children outside of parental care. It involves a compassionate family or couple undertaking the duty of caring for and protecting a child, providing essential foster care and guardianship.
It is crucial to understand that Kafalah is distinct from adoption. While it offers a permanent, loving home, it preserves the child's biological identity.
The child retains their own family name.
The child's inheritance rights from their biological family remain intact.
The child does not assume the adoptive family's name for legal purposes.
This system is designed for orphans, abandoned or neglected children, and those whose parents are unable to provide care due to poverty, imprisonment, or other hardships.
Ensuring Safety and Best Interests
To safeguard every child placed under the Kafalah system, the government has established clear protocols.
“It will be mandatory for those seeking to take care of children to go through the necessary registration and after training,” Munuhe stated. Furthermore, all children placed in these family-based care settings will be routinely monitored to ensure their well-being and best interests are consistently met.
Prospective caregivers must meet several conditions, including being over 18 years of age, possessing a national ID, providing a certificate of good conduct, a recommendation letter from a local Imam, and demonstrating the ability to care for a child.
A Legally Recognized Framework
Kafalah is not a new concept but a well-established one, recognized and enshrined in both international and local legal instruments. These include:
The United Nations Convention on the Rights of the Child
The African Charter on the Rights and Welfare of Children
The Constitution of Kenya
The Children’s Act
With over 45,000 children currently in institutional care, the push for Kafalah and other family-based options represents a significant step toward a future where every Kenyan child can experience the sense of belonging, identity, and unconditional love that only a family can provide.