AN ASSESSMENT OF THE ROLE OF COMMUNITY-BASED CHILD PROTECTION

MECHANISMS IN KILIFI, KENYA: A RAPID CASE STUDY IN KILIFI TOWNSHIP

BY
JEPCHIRCHIR MOUREEN
AB18/PU/41841/21

A Research Report Submitted to the Graduate School in Partial Fulfilment of the

Requirements for the Award of Bachelor of Arts Degree in Child Care and Protection of
Pwani University

PWANI UNIVERSITY

MARCH, 2023
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DECLARATION
This project report is my original work and has not been presented for the award of any other
degree or diploma in any other university.
Signature…………………………………
Date……………………………………….
Jepchirchir Moureen
AB18/PU/41841/21

RECOMMENDATION
This project report has been submitted for examination with my approval as University
supervisor.
Signature…………………………………
Date………………………………………..
Dr. Nicholas Ajwang
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DEDICATION
To God Almighty for His abundant, mercies and blessings.
I dedicate this research research to the children of Kenya, girls and boys who we must endeavour
to protect at all times, from vices such as child sexual abuse. In their endless potential, lies the
future of this great nation. God Bless Kenya.
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ACKNOWLEDGEMENT
I wish to extend my sincere appreciation to my Course Supervisor, Dr. Nicholas Ajwang for your
unwavering and consistent support in this project. Your encouragement and enthusiasm towards
my study choice remain fundamental to the conduct of this research. Thank you for being
available to mentor and steer me in this academic journey.
I wish to appreciate my research team and participants, tireless individuals who made the field
work in this research possible.
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ABSTRACT
A 2009 review of community-based child protection mechanisms, which are frontline
mechanisms for responding to threats to children's wellbeing, reported that externally facilitated
groups such as Child Welfare Committees were often limited in their effectiveness and
sustainability. This owed largely to the fact that they were not community owned and driven but
were seen as projects of outside agencies. The same review reported that higher levels of
effectiveness and sustainability were associated with community-driven groups such as
endogenous, faith-based groups who had organized around helping vulnerable children. The
report noted that Child Welfare Committees were frequently set up without learning about and
building on the existing community mechanisms.
The purpose of this research was to learn about community-based child protection processes and
mechanisms in Kilifi, Kenya. The research is intended to complement and extend the learning
that came from previous research by the Inter-Agency Learning Initiative in two urban slums of
Mombasa, Kenya. By using a mixture of urban and rural sites, the Inter-Agency Learning
Initiative, which guides this research, aimed to provide a glimpse of the diversity that exists
within Kenya.
The ethnographic approach used in this phase of research aimed to learn about existing
community-based child protection processes and mechanisms and how they are actually used and
relate to aspects of the more formal (referred to hereafter as 'formal') child protection system in
Kenya. In particular, the research sought to identify how local people understand children and
childhood, what they saw as the main harms or risks to children, what CBCPMs existed and how
they were used, what protective factors enabled children’s positive coping and resilience, and
whether and how the CBCPMs linked with elements of the formal, government led aspects of the
national child protection system. Recognizing that people in the villages may be positioned in
very different ways, the research aimed to disaggregate responses by age, gender, and socio
economic status.
This research aims to contribute to strengthening the national child protection system in Kenya.
The effectiveness of the Kenyan child protection system should be gauged not only by how well
the system supports children in urban areas but also in predominantly rural areas where many
Kenyans live. By providing new, grounded knowledge about how people actually respond to
child protection threats and about existing prevention mechanisms, the research provides a
snapshot of the functioning system that Kenyans actually use and that can inform efforts to
strengthen the national child protection system in Kenya.
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TABLE OF CONTENTS
DECLARATION.......................................................................................................................i
DEDICATION...........................................................................................................................ii
ACKNOWLEDGEMENT........................................................................................................iii
ABSTRACT…………………………………………………………………………………...iv
TABLE OF CONTENTS .........................................................................................................v
LIST OF FIGURES ..................................................................................................................vii
LIST OF ABBREVIATIONS AND ACRONYMS ................................................................viii
CHAPTER ONE: INTRODUCTION .....................................................................................1
1.1 Background Information.......................................................................................................1
1.2 Statement of the Problem......................................................................................................1
1.3 Purpose of the Study.............................................................................................................2
1.4 Objectives of the Study..........................................................................................................2
1.5 Research Questions ..............................................................................................................2
1.6 Significance of the Study......................................................................................................3
1.7 Scope and limitations of the Study.......................................................................................3
CHAPTER TWO: LITERATURE REVIEW……………………………………………...4
2.1 Introduction..........................................................................................................................4
2.2 Theoretical Framework.......................................................................................................4
2.3 Child Sexual Abuse..............................................................................................................5
2.4 Child Defilement………………………………………………………………………….6
2.5 Status of Child protection in Kenya……………………………………………………....6
2.6 Summary of Literature Review……………………………………………………………8
CHAPTER THREE: RESEARCH METHODOLOGY……………………………………9
3.1 Introduction..........................................................................................................................9
3.2 Location of the Study ..........................................................................................................9
3.3 Research Design...................................................................................................................9
3.4 Population of the Study .......................................................................................................9
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3.5 Sampling Procedure and Sample size..................................................................................9

3.6 Data Collection Procedures.................................................................................................10
3.7 Data Analysis ......................................................................................................................10
3.9 Ethical Consideration……………………………………………………………………...10
CHAPTER FOUR: RESEARCH FINDINGS…….. ……………………………………...11
4.1 Introduction..........................................................................................................................11
4.2 Demographic Characteristics of the Respondents................................................................11
4.2 Response rate………………………………………………………………….…………..11
4.3 Findings of the study………………………………………………………………………11
CHAPTER FIVE: SUMMARY, CONCLUSIONS AND RECOMMENDATIONS……..15
5.1 Introduction..........................................................................................................................15
5.2 Summary of the Major findings...........................................................................................15
5.3 Conclusions..........................................................................................................................17
5.4 Recommendations ................................................................................................................18
REFERENCES ..........................................................................................................................20
APPENDIX 1 ............................................................................................................................21
APPENDIX 2………………………………………………………………………………….22
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LIST OF FIGURES
Figure 4.1 Gender Representation of Key informants…………………………………….11
Figure 3.1 Summary of Defilement factors in Kilifi Township…………………………...13
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ABBREVIATION AND ACRONYMS

ACRWC African Charter on the Rights and Welfare of the Child

AIDS Acquired Immune-Deficiency Syndrome
APS Administration Police Service
AWCFS African Women and Child Feature Service
CBCPS Community based child protection mechanisms
CBO Community-based Organization
CDC Centers for Disease Control and Prevention
CRA Commission on Revenue Allocation
CPS Child Protection System
CSO Civil Society Organization
DIG Deputy Inspector General
DPP Director of Public Prosecutions
EC Emergency Contraception
FBO Faith-based Organization
FGC/M Female Genital Cutting / Mutilation
GBV Gender Based Violence
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CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
In diverse contexts, community-based child protection mechanisms (CBCPMs) are front line
efforts to protect children from exploitation, abuse, violence, and neglect and to promote
children’s well-being. Defined broadly, CBCPMs include all groups or networks at grassroots
level that respond to and prevent child protection issues and harms to vulnerable children. These
may include family supports, peer group supports, and community groups such as women’s
groups, religious groups, and youth groups, as well as traditional or endogenous community
processes, government mechanisms, and mechanisms initiated by national and international Non-
governmental organizations (NGOs). Some of these supports--family and peer group supports,
for example, are non-formal since they are not part of the Government led system of child
protection. Other supports--such as Chiefs and elders in the Kenyan context--are arms of the
formal, Government led system. Which aspects are formal or non-formal vary by context, and to
make matters even more complex, particular structures or mechanisms may intermix.
Government led and civilian led elements, as might occur when a Child Welfare Committee
included both civilians and a Chief who was paid by the Government.
In 2009, a global, inter-agency review of the effectiveness of CBCPMs reported a number of
significant gaps in knowledge and practice pertaining to CBCPMs. For one thing, the evidence
base regarding the effectiveness of CBCPMs was very weak, as few evaluations included robust
designs or measures of actual outcomes for children. Having noted that among seven
effectiveness factors, community ownership was the most important determinant of the CBCPM
effectiveness and sustainability, the review noted that most NGO facilitated CBCPMs achieved
only low to moderate levels of community ownership. Overall, there was a tendency to establish
CBCPMs such as Child Welfare Committees as parallel structures that did not build upon
existing community mechanisms. This approach not only resulted in low levels of sustainability
but also caused unintended harm by weakening existing supports. The review also found
preliminary evidence that one could strengthen CBCPMs by linking them with formal
mechanisms such as district-level child protection networks and supports, thereby enabling
effective referrals and also capacity building.
1.2 Statement of the Problem.
Relatively little is known about the effectiveness and use of CBCPMs and their alignment and
linkage with formal aspects of wider child protection systems. In 2009, a global, interagency
review of the effectiveness of CBCPMs, primarily ones such as Child Welfare Committees
(CWCs) that had been facilitated by international NGOs, found a paucity of quality evidence. It
also reported that CWCs were frequently set up in parallel with existing mechanisms, without
appropriate efforts to learn about and build upon what was already there. As a result, CWCs
tended to be unsustainable. Preliminary evidence suggested that where CWCs were effective and
sustainable, they were 'owned' by the community and linked with government led mechanisms
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such as district level Child Protection Networks that received referrals of difficult cases and
helped to build the capacities of the CWCs.
This gap in knowledge about CBCPMs is problematic since an understanding of the use,
effectiveness, and sustainability of CBCPMs is essential for improving practice and policy in
regard to strengthening child protection systems. It is widely agreed that CBCPMs should
complement, link, and collaborate with, and align with formal parts of a national child protection
system. Yet the question remains: do they in fact do these things? A crucial step in systems
strengthening is to learn about the views and practices of local people-not what they ought to do
but what they actually do in regard to child protection. In other words, there is a need to focus
more on function, that is, on how people perceive childhood and harms to children, and what
actually happens when particular harms occur. In addition to indicating whether the child
protection system is working in the intended manner, such learning could help to identify
obstacles to and limits on the effective functioning of the child protection system, and help to
guide efforts at strengthening the child protection system in ways that yield tangible
improvements in children's well-being.
2.3 The Purpose of the Research
The purpose of this research was to learn about community-based child protection processes and
mechanisms in Kilifi, Kenya. The research is intended to complement and extend the learning
that came from previous research by the Inter-Agency Learning Initiative in two urban slums of
Mombasa, Kenya. By using a mixture of urban and rural sites, the Inter-Agency Learning
Initiative, which guides this research, aimed to provide a glimpse of the diversity that exists
within Kenya.
1.4 Specific Objectives of the study
The specific objectives of the study herein were as follows:

1. Identify the factors that increase the vulnerability of children to incidences of child defilement
in Kilifi County
2. Identify the roles of the community based child protection mechanisms in the criminal
investigation process of child defilement in Kilifi County
3. Propose appropriate strategies that will enhance the efficacy of Community based child
protection mechanisms in the criminal investigation of child defilement.
1.5 Research Questions
This study sought to answer the following research questions
1. What factors increase the vulnerability of children to child defilement incidences in Kilifi
County?
2. What specific roles do the existing community based child protection mechanisms play with
regard to criminal investigation process of child defilement in Kilifi County?
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3. How can the efficacy of community based child protection mechanisms as regards criminal
investigation of child defilement be enhanced?
1.6 Scope and Limitations of the Study
The concept of child defilement is a wide topic with multiple parameters that relate to the causes
and effects of the vice in children and within society as a whole. Interventions that have been
formulated to address the violation are largely two fold, preventive and responsive.
Consequently, management of child defilement has evolved into a multi-disciplinary and cross-
sectoral intervention. Numerous studies have been conducted with regard to this concept and
particularly on the effect of the policy and legislative framework regulating the management of
child defilement in Kenya. For the purpose of this study however, the specific focus will be on
the role of community child protection mechanisms in the criminal investigation of child
defilement. The community based child protection mechanism has been defined as being part of
the larger child protection system in place which comprises of formal and non- formal actors
with diverse roles in child protection. The community based child protection mechanism is
established at grass root levels within society and play several roles with regard to responding to
child defilement occurrence.
Given the sensitivity of the study topic being child defilement, the focus in terms of interviewees
and respondents was solely on adults who have handled child defilement in one way or another.
This study for ethical considerations did not engage child victims of defilement in any way or
any person below the age of eighteen. The study however engaged select parents of defiled
children where for ethical considerations, priority was on parents who have had their matters
processed and concluded by the criminal justice system, between the years 2013 and 2017.
Through this time framing, it was expected that reasonable healing of the affected parties had
taken place through psycho social support. This would in turn facilitate minimizing the adverse
effects of re- narration of the experiences that their children experienced as defilement victims.
1.7 Significance of the Research
The findings of this study will be crucial and informative for different sets of actors. With regard
to the criminal justice players such as the law enforcement, prosecution and courts especially, the
study findings will bring to fore the reality of the status of criminal investigation in the rural
settings in Kenya. This in a bid to unravel some of the technicality challenges experienced which
the idealized legal framework on child sexual abuse does not articulate. This investigative
challenges eventually come to play in the prosecution and adjudication these cases. For the
sociologists, the findings are aimed informing the formulation of advocacy initiatives targeting
child defilement. The study will discuss the reality as regards child defilement response where
especially the legal and policy frameworks have faced operationalization and localization
challenges. Finally, for policy makers, this study will aim to explore the case for policy diffusion
in the management of child defilement with focus on criminal investigation procedures and the
involvement of community based systems in the process. The study will critique the policy
implementation of the existing policy frameworks that intersect in so far as criminal
investigation of child defilement cases.
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CHAPTER TWO
LITERATURE REVIEW
2.1 Introduction
This chapter reviews the relevant and related literature to the study as well as outlines the
theoretical and conceptual frameworks informing this study. The review of literature covers key
concepts such as child defilement enforcement and implementation, criminal investigation of
child defilement, child protection systems and community based child protection mechanisms.
The literature review further highlights the development of the concept of child protection
through multi-disciplinary and intersectoral linkages. The literature review also highlights the
status of the criminal justice system with a bias to child defilement and emphasizes the role of
law enforcement agents being the police. The chapter outlines the theoretical and conceptual
frameworks that will be considered.
2.2 Theoretical Framework
This research study is anchored on two theories namely, the Rational Choice Theory and the
Procedural Justice Theory
2.2.1 Rational Choice
Theory The rational choice theory is premised on the idea that all action is fundamentally
rational in character and that people typically evaluate the likely costs and benefits in any action
before deciding on what to do. The rationale choice theory was first applied by economists in
their field and out of success of the theory, other disciplines borrowed from it. The application of
the rational choice theory in social interaction is through the social exchange theory. Abell
(2000), notes that the application of the rational choice theory arguably stems from the central
tenets of Max Weber’s definition of sociology as a science which attempts to arrive at a causal
explanation of its cause and effects. He further expounds on this origin by outlining key
assumptions about the rational choice theory. Firstly, is the assumption about individualism and
that individual actions and subsequently social actions emanate from individuals? It is the latter
that is the focus of the rational choice theory. The second assumption is that individual and social
actions are chosen optimally and aim for the best that can be achieved in a given situation. The
third assumption posits that individual and social actions are concerned with their own welfare
hence amplifying self- regard. The fourth assumption provides that a paradigmatic privilege is
obtained by relaxing some aspects 16 of the assumptions and by substituting other theoretical
ingredients that social theory will be forged. This basis forms the application of the rational
choice theory to the composition and implementation of child protection systems which are the
focus of this study. As (Green, 2007) opines, the application of rational choice theory occurs in a
situation where there are a few agents. As such, each agent considers the effect his decisions are
likely to have on other agents who are approaching the situation in a similar way. This is the case
in community based mechanisms where the actors depend on cooperation and collaboration from
each other.
2.2.2 Procedural Justice Theory
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According to (Tyler, 2009), procedural justice theory has two main components, firstly is the
aspect quality decision making and secondly, the quality of interpersonal treatment. Further,
procedural justice can be factored through authorities with whom people have personal contact
or as an overall institutional issue. According to this study, evidence suggests that in evaluating
the quality of personal experiences, interpersonal treatment is a core issue with influence on the
legitimacy perceptions of an institution. The author further argues that the process by which
disputes are resolved influences perceptions of fairness and satisfaction regardless of whether the
outcomes are favourable or not. The National Police Service is an integral institution in the
investigation of child defilement crimes and thus their ability to dispense procedural justice in
critical.
(Mazerolle, et al, 2015) posits that law enforcement agencies require voluntary cooperation form
the public to enhance efficiency in crime control. Further, legitimacy is a key factor in bolstering
voluntary cooperation and compliance. The public according to the research obey and cooperate
with the police and other legal authorities basically if and when they perceive them to be
legitimate. This legitimacy is illustrated in the impact that a short positive interaction with the
police directly shapes the public views as regards the encounter as well as general perceptions
towards the police. Therefore as (Bennett et. al, 2009) note, it is crucial for the police to
understand how to foster legitimacy in the context of contemporary dynamics such as new types
of public safety emergencies and multiple ethnic, religious, cultural and ideological issues.
Negative perceptions towards the police impede cooperation and compliance and in turn can
escalate the risk of violence towards the police at the risk of increased harm towards the public.
Further, the research observes that when the police are not perceived as being legitimate
authority, they are frustrated by citizens when they seek cooperation as regards crime reporting
and consequently fail to fulfil their mandate as regards an efficient police service.
2.3 Child Sexual Abuse
Child sexual abuse is a global menace that takes place within families, communities and
societies. This concept is a paradox, since this vice occurs in settings and contexts that are
primarily aimed at protecting the very children who are violated. (Omondi, 2014). Child sexual
abuse eventually places children at risk of leading healthy and productive lives into their
adulthood. The adverse effects of CSA have been characterized as including poverty, psycho-
social effects on children where their self-esteem is lowered and in some instances fatalities have
resulted from child sexual abuse. There is also the issue of HIV and AIDS being both a cause
and consequence of child sexual abuse.
Various factors have been cited as being causes of child sexual violations. As (Mwangi, 2009)
observes, community definitions of the term child which definition often conflicts with the legal
definition of the term child often fuels child sexual abuse. She further posits that other factors
such as cultural practices that condone sexual abuse coupled with the types the organization of
home settings within communities that create situations where adults take advantage of children
exacerbate child sexual abuse. This situation is further compounded by high poverty levels, poor
literacy levels and increased child labour situations. So as to minimize child sexual abuse, she
proposes maintaining coordinated and comprehensive efforts at attitude shaping especially of
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community members. She also suggests strategies aimed at influencing persons who play key
roles in the lives of children such as teachers so as to increase the levels of reporting of child
sexual abuse. She however posits that there still exists a huge disconnect between the reported
cases at police stations and health centers which is an area for concern. She suggests that the
causes of underreporting especially to the police and legal institutions should be interrogated
which may be a contributor to the choice by communities to settle child sexual abuse cases
outside the law.
2.4 Child Defilement
Child defilement is the legal term that is used to define the rape of children in Kenya (SOA,
2006). Kenya has enacted quite an effective substantive legal framework with regard to child
defilement. The international standards outlined in the United Nations Convention on the Right
of the Child(CRC) as well as the regional reality expounded in the African Charter on the Rights
and Welfare of the Child(ACRWC) have been domesticated into national legislation. Kenya
further boasts of a robust policy framework as regards child defilement which guides the medical
and legal management of child defilement (Ministry of Health, 2014). However, key
observations have been made as regards this legal and policy environment of defilement. These
annotations have been aimed especially at the implementation of the existing normative
framework and its effect on curbing child defilement. Criticism has especially been levelled at
the procedural legal implementation process. As (Omondi,2014) opines, the current procedural
statutes with regard to child defilement are not specifically sensitive to the special needs of child
victims of sexual abuse and singles out the evidentiary procedural laws. The Evidence Act,
Chapter 80 Laws of Kenya, for instance requires that evidence to prove any facts needs to be
produced orally and directly, which ultimately leads to direct facial contact between the accused
person and the victims in court (SOA, 2006). These procedural requirements are further
compounded by the reality that child defilement victims are unaware of the expectations and
safeguards as regards evidence and a result, investigation and prosecution processes fail to take
their feelings into account. She further faults the legal and policy framework which has failed to
operationalize the protective measures to vulnerable witnesses fully. With regard to the trial
process, she proposes the need for specific evidentiary rules as regards evidence of Child
Victims of Sexual Abuse in addition to the establishment of a special procedural law addressing
the needs of child defilement victims in court.
2.5 Status of child protection in Kenya
A recent UNICEF study on violence against children revealed the need for urgency in addressing
violence against children in Kenya (UNICEF, 2010). According to the report, 46 percent of
females and 36 percent of males who were victims of sexual abuse prior to attaining the age of
eighteen reported the violations to someone. The report therefore notes that collaborative and
coordination efforts are needed across the various institutions that respond to forms of child
abuse. The report further recommends the need for direct support to government medical and
legal structures as well as community organizations which are part of the reporting structure is
needed so as to ensure that both the short and long term objectives in child protection are
achieved. These proposals are supported by the findings in the Government of Kenya, (2014),
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Situational Analysis of Children and Adolescents in Kenya Report. This report notes that the
Constitution of Kenya, 2010 alongside specific legislation such as the Children Act, Laws of
Kenya and the Sexual Offences Act, Laws of Kenya, have proceeded to strengthen the
framework for child protection systems in several areas. The report further states that’ ‘Child
protection is an obligation shared by many different actors, government actors, civil society
agencies and communities.’
2.5.1 Child protection systems
According to (Wulczyn, F. et al, 2010), they suggest that within families, communities and
nations, there are established child protection systems that usually reflect the cultural values and
diversity of the context. The authors further qualify child systems as exhibiting combined
cultural norms, behavior standards, resources, history and external influence that have shaped the
choices of the participants to the system over time. They propose a systems approach to child
protection and highlight the interactive reality between the system and its operating context.
They further emphasize the procedural aspects of the system that should have the ability to
identify children whose rights have been violated. This ability, they posit should be anchored in a
normative framework and goals of the child protection complemented by persons and institutions
equipped to handle child protection. The authors further highlight the process of care as being
inclusive of assessment strategies case planning, treatment and follow up of specific services
available whether advocacy, prevention or response. They assert that effective child protection
systems should be able to attract resources towards the actualization of the system goals.
The community remains an integral component of any child protection system. As (Daro and
Dodge, 2013) observe, the most widely used community prevention programs, reiterate the
mutual interplay between individual family behavior and the wider neighbourhood, community
and cultural contexts. As the authors note, the community can be an effective tool against child
abuse with through interventions which are invested in social capital development and
community coordination of individualized services. They assert that community initiatives to
enhance child protection and curb abuse have aimed at establishing supportive residential
communities where the residents have a shared belief in collective responsibility to protect
children whilst increasing the services and support directly available to parents. They underscore
that both individual responsibility and an effective formal service infrastructure are crucial.
2.5.2 Child defilement response mechanisms
A critical component in enforcing the legal and policy frameworks in child defilement involves
the reporting of child defilement occurrence. There are increasing studies that are highlighting
the issue of underreporting of these violations in Kenya. As Kara (2011) notes, under-reporting
of sexual violence can be due to a myriad factors that include, fear of retribution or ridicule and
lack of confidence in investigations, police and health workers. She asserts that the lack of
confidence in investigators, police and health workers especially, indicts the law enforcement
agencies as 24 regards sexual offences and this needs to be resolved so as to enhance access to
justice by the victims. She further posits that the existing gaps in the formal justice have
 8

encouraged victims to seek justice within informal structures such as traditional elders for
dispute resolution.
2.9 Summary of Literature Review
The literature review chapter presents existing literature and research as regards the linkage
between the concepts of child defilement, child protection systems and criminal investigation of
defilement matters. There is considerable research that has been carried out as regards child
sexual abuse and the impacts the violations have not only on the victim, but their families as well
as the community. There has also been substantial work on the role of law enforcement as
regards crime reduction. This chapter has presented further work as regards the role of child
protection systems especially at the community level with regard to the investigation of child
defilement. The chapter has also presented research as regards collective action and collaboration
of actors towards a desired outcome and the dynamics that play out with regard to cooperation
among individuals. The literature review has also presented research as regards the role of law
enforcement with regard to solving crime and fulfilling their mandate to maintain law and order.
This chapter further presents the theoretical and conceptual frameworks that are have informed
the research design. The literature review has outlined the different research theories and studies
with relevance to this study and further distinguished the different variables that this study will
focus on. The chapter also outlines the identified research gaps that will be critical to note in the
course of the research. Critical in the research gaps is the limited studies available on policy
diffusion in response to child defilement.
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CHAPTER THREE
RESEARCH METHODOLOGY
3.1 Introduction
In this chapter, the research methodology that was applied to this study is outlined. The research
design, area of study, study population, sampling size and procedure, data collection instruments,
data analysis and the study ethical considerations are discussed in this chapter.
3.2 Research Design
This study involved an exploratory case study survey approach. The exploratory research design
in crucial in the assessment of situations in which the intervention under evaluation has no clear
set of outcomes (Baxter and Jack, 2008). In addition to the exploratory aspects of the study, the
research design incorporated an inductive constructivist and interpretative approach. The issue of
child defilement investigation in Kenya is a very wide subject area, as such it presents research
challenges especially when seeking to analyse issues therein in depth. The case study design was
useful in gaining deeper insights into the study problem statement.
3.3 Area of Study
This study was carried out in Kilifi County, Kenya. The purposive sampling method was applied
to select Kilifi County as the study site since it has one of the highest number of reported child
defilement cases in Kenya (The Standard, 2017).
3.4 Study Population
A population is described as a group of individuals from which samples are obtained for
measurement and analysis. This study sought to specifically study child protection systems
which are defined and their composition explained in the literature review segment of this study.
The population for study focused on the different actors in a defined child protection system.
These identified actors involved both state and non-state actors. Purposive sampling was applied
to select the state actors who included teachers, children officers, probation officers, health
workers and GBV counsels. The non- actors included staff of community based organizations.
3.5 Sampling size and procedure.
This particular segment of the research methodology focused on determinants of the sample size
as well as the sampling techniques that were applied in the study. The research focus of this
study is specifically on existing child protection mechanism in Kilifi County. The sample size
therefore involved key informant interview with 20 participants. The key informants were each
drawn from representing child protection systems as follows; 2 teachers, 2 parents of defiled
children, 2 Managers of NGOs, 2 social workers, 2 Clinical officers, 4 Counsellor, 2 child
protection officers, 2 Probation Officer and 2 Children’s home workers. The members of the
focus group discussions included representation on information based at grass root level.
 10

The sampling procedure applied in this study was purposive sampling. In identifying the easy to
access subjects, the research aimed at selection of the most productive sample to answer the
research questions.
3.6 Data Collection
Primary data collection is an integral part of the research process. When applied appropriately,
the data obtained will have accuracy, reliability and validity thus enhancing the credibility of the
research findings. The research study made use of primary data collection methods namely,
structured interviews and focus group discussions. Additionally, the research study relied on
secondary data sources from previous reports, studies and inquiries especially as regards data and
statistics.
The use of interviews was particularly be used by the researcher in obtaining primary data from
the identified key informants. These participants were identified based on their expertise in the
management and response of child defilement. In the application of the interviews, the researcher
applied semi structured interview guides to allow for information sharing around developed
topics with regard to the interview. Semi structured interviews in particular allow for the
discovery and elaboration of information that is key to participants.
The research applied focus group discussions as a source of primary data. This methodology is
important as regards generating of information on collective views. As such a crucial component
of the group discussions is the composition and integration of the group so as to enhance the
interaction of the members. Whilst there is no fixed number as regards the composition of a
focus group, the aim of the moderator is to have a group that is sufficient to have meaningful
discussion of the matters proposed.
3.7 Data Analysis
The analysis of the data in this research applied qualitative methods. One of the key features of
qualitative research is that it produces large volumes of data from participant transcripts and
observational field notes. The process of analysing these data sources can therefore be time
consuming and labour intensive. According to Pope et al. (2000), data analysis when carried out
in conjunction with data collection allows questions to be refined and new avenues of inquiry
within the research to be developed. In analysing the qualitative data in this research, a
combination of methods will be applied by the researcher. The researcher in this study applied
thematic analysis through coding checks in the analysis of the data collected.
3.9 Ethical Considerations
The focus of this study was child defilement which is a very sensitive issue in any society. The
researcher with this focus in mind adhered to stringent ethical standards in the conduct of the
study. The researcher ensured that the objectives of the study are fully explained to the
participants in advance and further an effective debrief of the informants was carried out after the
data collection session. The study was focused on ensuring the privacy and dignity of the victims
of child defilement. As such no child defilement victim was interviewed directly nor their details
divulged publicly.
 11

CHAPTER FOUR
RESEARCH FINDINGS
4.1 Introduction
This chapter presents the findings of the study conducted and the outcomes made in response to
the research objectives of this study. This study sought to fulfil the following objectives; identify
the factors that expose and increase the vulnerability of children to incidences of child defilement
in Kilifi County, examine the role of community based child protection in the criminal
investigation of child defilement in Kilifi County as well as suggest appropriate strategies that
will enhance the efficacy of the community based child protection mechanisms. The data as
analysed and presented in this study is drawn from interviews from twenty three (20) Key
informant participants and twelve (10) participants of a group discussion making a total of thirty
(30) participants. The responses from all these participants were organized and analysed in
themes for dissemination. This analysis is presented in this chapter.
Figure 4.1. Gender Representation of Key Informant.

Gender Representation of Key Informants

43% Female
57% Male

4.2 Response rate

For the research, all the thirty (30) participants were interviewed thereby representing an overall
response satisfactory rate of one hundred per cent (100%). There were ten (20) participants for
the key informant interviews and twelve (10) participants for the focus group discussion.
4.3. Findings of the Study
This study conceptualized (3) three objectives being; to identify the factors that increase the
vulnerability of children to incidences of child defilement in Kilifi County, to identify the role
community based child protection mechanisms play in the criminal investigation of child
 12

defilement in Kilifi County and to propose appropriate strategies that will enhance the efficacy of
community based child protection mechanisms in the criminal investigation of child defilement.
In presenting the findings of the study, the researcher applied the thematic system of data
analysis through the following methodology. Firstly, the researcher engaged in generating initial
codes from the textual data. The researcher was well familiar with the entire data text having
thoroughly read and re-read the transcripts and notes from the interviews.
4.3.1. Factors that increase the vulnerability of children to incidences of child defilement in
Kilifi County.
The factors identified that increased vulnerability of children to incidences of child defilement in
Kilifi County were established through the following three questions; the participant definition of
child defilement, the community definition of child defilement and factors that contribute to the
occurrence of child defilement in Kilifi County. The study ascertained that majority of the
participants understand the definition of defilement. The participants all cited that these are
sexual advances that are directed towards a child with the definition of a child being anyone
below the age of eighteen (18) years.
The research study further proceeded to establish the factors that contribute to increased
vulnerability of children to child defilement in Kilifi County, the study established the following
causes through the participants: retrogressive cultural practices (24%), poverty factors
(18%),Abdication of parental responsibility(15%), low literacy levels (11%), failure to access
justice (9%), lack of access to service providers (7%), effects of tourism(6%) and drug and
substance abuse (4%). Some of the responses from the participants as regards the cause factors
are highlighted below:
Poverty factors: This was mentioned by majority of the participants as being one of the leading
factors that increase the vulnerability of children and especially girls to defilement. The
participants stated that girls are often lured by perpetrators through offering gifts such as food
and money to buy sanitary pads which places them at risk of violations.
Retrogressive cultural practices: The issue of culture and harmful traditional practices topped
the list of the factors leading to vulnerability of children tot defilement. Cultural practices that
involve the abuse of the children especially such as burial rites commonly referred to ‘disco
mating’ as well as early child marriage were cited as practices that lead or result in defilement of
children as defined by the law.
Abdication of parental responsibility: The role of parental care is a factor that was mentioned
repeatedly by participants as being a leading cause of child vulnerability to child defilement.
Lack of access to service providers: Service providers are crucial in the response to child
defilement. Service providers include medical and legal intervention through health care centers
and police stations. These are essential services that determine the response to child defilement.
Majority of responses from participants with regard to accessing service providers cited the
distance challenges as far as access is concerned which in turn increases vulnerability of children
defiled as they are unable to access needed services on time or at all. This is factor is
 13

characterized by the low numbers of cases reported on time at the health centers as well as police
desks.
Low Literacy levels: There are low cross generational literacy levels thus leaving the
communities particularly vulnerable.
Effects of Tourism: During the tourism high season, girls are especially lured into child sex
tourism as they are turned into family bread winners thereby exposing them to defilement and
exploitation.

Summary Of Defilement factors in Kilifi Township

24
18
15
7 6 4
0
CULTURAL POVERTY PARENTAL LACK OF SERVICE TOURISM EFFECT DRUG AND
PRACTICES RESPONSIBILITY PROVIDERS SUBSTANCE
ABUSE

Summary Of Defilement factors in Kilifi Township

Figure 4.3.1
4.3.2. The role of community based child protection mechanisms (CBCPM) in the criminal
investigation of child defilement in Kilifi County
The study further investigated the role of community based child protection in the investigation
of child defilement in Kilifi County. The responses from the participants were ascertained
through questions under the following specific themes; victim support, access to health care
services and evidence management.
Reporting and rescue of child defilement victims: To establish the role of community based
child protection mechanisms from the participants, the following three questions(3) were asked
to the participants; their understanding of victim support in child defilement, what support
victims can access from their respective institutions and what procedure is involved in accessing
this support. In presenting the findings, these questions were refined into the role of CBCPM in
victim support and referral to victim support services as enablers of investigation.
Referral to Victim support services: The participant responses repeatedly alluded to the role of
community mechanisms in referring child defilement victims to support related services. The
 14

participants indicated that this referral is crucial in the investigation of defilement claims once
received within the community.
Facilitating access to health care services: The study was able to ascertain from the
participants, the role of the CBCPM as a far as access to and availability of health care services.
This was ascertained through the following questions; which are the health centers in Kilifi
Town, the services that are expected from the health centers with regard to child defilement,
whether these services are usually readily available and how much they pay for these services. In
response to these interview questions, some of the participant views are highlighted key factors
that affect access to health care services repeatedly.
4.3.3. Appropriate strategies is enhancing efficacy of community based mechanisms in child
protection: This study was able to ascertain and establish various strategies that community
based mechanisms can apply in child protection. The findings established that awareness raising
and sensitization of the community, increased linkages among various like-minded players,
response, referral and follow up of reported child defilement cases are effective strategies that
members of the CBCPM can apply. The police can ensure access to justice for child defilement
victims through arresting the offenders. The police can also increase the awareness levels
especially as regards investigation through training sessions with community members, the
community mechanisms should educate the community members more on the need on prompt
reporting of the cases especially to the medical facilities so as to ensure effective medical
intervention and the role of CBCPM is to ensure that we encourage reporting of defilement cases
once they occur and ensure that we follow through the cases so as to discourage impunity.
 15

CHAPTER FIVE
DISCUSSION ON STUDY FINDINGS
5.1. Introduction
This chapter presents the discussion of the study findings and as presented through the data
analysis. Thee chapter provides a comparison of these findings and outcomes with previous
studies undertaken on the subject. The findings as discussed support the findings of existing
knowledge outlined in studies and where no studies of a similar nature have been undertaken,
proceed to provide additional knowledge.
5.2. Discussion on the findings
5.2.1. Factors that expose and increase the vulnerability of children to incidences of child
defilement in Kilifi County
The study was able to establish key factors that expose and increase the vulnerability of children
to incidences of child defilement in Kilifi County. The study focused on Kilifi Township, which
was cited by key informants as having the leading numbers of children defiled. The study
ascertained that there is a general good understanding of the legal defilement among the key
informants, as being the engagement of any sexual activity with a person below the age of
eighteen years as stipulated in law. The study further established that there are varied definitions
among community members as regards the definition of defilement. The findings of the study
indicate that the whether a child defilement victim is enrolled in school or not has an impact on
the perception of the community as regards occurrence of defilement. Further, whether the child
defiled has become pregnant or not affects the community definition of defilement with more
empathy given to a child who becomes pregnant as a result of the violation.
The study established poverty as leading factor contributing to child defilement. The effect of
poverty is evidenced through limited preventative and response mechanisms. This finding is
validated by other studies undertaken such as (Nanas, 2010) which revealed that ignorance is one
of the leading factors contributing to child defilement. The study findings ascertained that
retrogressive cultural practices are a leading cause of vulnerability of children to defilement. The
key informants all alluded to the infamous practice of ‘disco matanga’ which is a traditional
practice carried out during funerals as a main factor leading to defilement. This rite involves
overnight vigils which include children and involve music, dance and alcohol consumption. This
particular finding is supported by the findings in (Boakye, 2009) where the study underscored
the importance of understanding the influence on cultural factors on the occurrence, disclosure
and reporting of child defilement. The emphasis of the importance of perceived cultural practices
tend to excuse violations that may occur during cultural rites, the study outlines. The study was
also able to discover that there is fear and stigma at community level associated with reporting of
defilement cases especially to the police. The study findings pointed to the taboo levels of the
sexual topic and the related stigma associated with sexual violations as a contributing factor to
the low reporting levels and that community members would not like to be associated 59 with the
child violations.
 16

5.2.2. The role of community based child protection mechanisms (CBCPM) in the criminal
investigation of child defilement in Kilifi County.
The study findings established a number of roles that the community based child protection
mechanisms play with regard to the investigation of child defilement.
The findings of the study further established that the concept of victim support especially within
the home setting needs to be discussed within the society. The findings of the study alluded to
the socialization and cultural stereotypes that children face which shape their place in society.
The findings of the study established that often children are disbelieved and not taken seriously
especially when they allude that they have been facing certain violations such as defilement. As
such, the adults in society beginning with the home often do not provide the required support to
the defiled children. This is supported by the findings in (Jewkes et. al, 2005) as regards the
vulnerability of children to defilement being higher in communities where likelihood of action
following the violation is low.
The findings of the study established that in order to maximize on the access and availability of
medical services, it is imperative that the cases are reported on a timely basis by the community.
This is one role that the CBCPM has been playing as regards sensitization on the need to report
cases once they occur. The challenge however remains as regards the awareness of children to be
able to report the cases as they occur as well as having health care facilities closer to the
communities. With regard to the latter challenge, the CBCPM have assisted in certain instances
in the follow up of cases and from the study findings, these cases record the highest success.
The study findings also established that the CBCPM members play a crucial role in the
protection of victims of child defilement so as to preserve evidence. The child protection officers
and rescue homes work together to offer protection to victims who may not be safe within the
home or community due to the presence of a perpetrator. The rescue homes offer a temporary
shelter for close to six months during which period, a victim will have testified in court. The
recue homes however face certain challenges. Firstly, they are very few. Kilifi County as a whole
has only one rescue home which is run privately by a religious institution and is often
overwhelmed by demand. Secondly, the process of reintegration is not always easy and the
victim may subsequently face stigma upon re-entry into the community. The CBCPM is crucial
to ensure that they support the victim in such situations.
5.2.3. Appropriate strategies that enhance the efficacy of Community based child
protection mechanisms in the criminal investigation of child defilement
The composition of community based child protection mechanisms includes different actors who
are both state and non-state actors. Some of the members are community based institutions who
receive and process cases of child defilement within their communities. There are other actors
who are tasked with the medical management of defilement cases that occur as well as referring
cases to the police for investigation. The study findings established that though the members of
the CBCPM are aware of the definition of the term defilement, the community understanding is
quite low and there are various different definitions of the term defilement. As such, the
community needs to be sensitized as regards the definition of defilement. This would in turn
 17

ensure that there is proper understanding of the violation to start with and further would enhance
the reporting rates of cases that occur. The reporting of defilement cases is crucial and in turn
ensures that the victims access the assistance that is timely and appropriate. This assistance
ranges from the medical assistance to the legal intervention that is critical to the case follow up.
The study findings established that it is crucial for the members of the CBCPM to be fully aware
on accessing medical services once a defilement violation occurs and further to have clarity on
what services they should expect from the health centers. The study findings established that
though often, victims of defilement face threats and danger as a result of reporting the violations,
the child protection officers are vital in ensuring that this child is rescued to a shelter for the sake
of preserving his or her witness statement. This finding is supported by the findings by (Jonzon,
2006) as regards the safety net that social support offers as a form of victim protection to child
sexual abuse victims.
The study findings also established that there is a culture of silence especially at community
level with regard to child defilement. This challenge especially plays out where there are witness
statements required as part of evidence. Members of the community especially shy away from
giving evidence as they avoid being labelled as ‘snitches or sell outs’. This in turn weakens the
case the concerned victim. The study findings suggested working with the police in particular to
guarantee confidentiality. This assurance of confidentiality encourages witnesses to record their
accounts as they are assured of some level of protection. The study findings further established
that there are different police interaction as regards the investigation of child defilement. The
Administration Police Service often receive the cases first as they are based at community level.
They then refer the cases as well as handover any arrested person to the Kenya Police who are
mandated with the investigation. The study established that the community is not aware of these
distinct roles between the police services. Further, the presence of multiple layers and stages of
intervention in response to the cases may lead to delays in investigation.
 18

CHAPTER SIX
CONCLUSION AND RECOMMENDATIONS
6.1. Introduction
This chapter presents the overall conclusions and recommendations based on the specific study
objectives.
6.2. Conclusions based in study objectives
This study set out with three main objectives;
6.2.1. Factors that expose and increase the vulnerability of children to incidences of child
defilement in Kilifi County
The study findings established that various factors lead to the vulnerability of children to child
defilement. The drivers that expose and increase chances of defilement in children include,
poverty, retrogressive cultural practices, high levels of illiteracy, abdication of parental duties,
and lack of access to service providers and fear of reporting perpetrators. Other factors that lead
to exposure of children to defilement include the influence of tourism, drug and substance abuse
as well as lack to access justice. The study findings further suggest a need to have community
members effectively sensitized on the definition of child defilement as well as its adverse effects
so as to encourage reporting.
6.2.2. Examine the role of the Community based child protection mechanisms in the
criminal investigation of child defilement in Kilifi County
The study findings illustrated the CBCPM play crucial roles in the criminal investigation of child
defilement. These roles are largely three fold; victim support, access to health care services and
evidence management. This roles are vital and the study findings suggest that they are
complementary roles within the process of investigation.
6.2.3. Suggest appropriate strategies that will enhance the efficacy of Community based
child protection mechanisms in the criminal investigation of child defilement.
The study findings were able to establish that the CBCPM needs to work closely and most
critically understand the role of the National Police Service in the investigative process. The
study findings suggest that there is need for clarity on the roles of the different services of the
police service. The study findings established the crucial need for the CBCPM to sensitize the
community on the importance of timely reporting of defilement cases so as to ensure prompt and
effective investigation by the police. The study findings established several challenges that
impede the efficacy in the investigation of child defilement largely around access to health care
as well as management of presented evidence. The study findings indicate that there is need to
revisit the medical management standards in so far as filling in of the P3 form is concerned. This
is especially due to the reality that there remain very few doctors who can fill in the form as
required by law whilst the demand remains overwhelming. The study findings further established
 19

that there is need to revise the investigative roles between the Kenya Police and Administration
Police in view of the accessibility reality especially at grass root level.
6.3. Recommendations
 Members of the CBCPM can also participate in this sensitization forums and facilitate the
formation of linkages with community members. Cooperation within the community is
largely driven by trust.
 Advocacy initiatives can be spearheaded by vital institutions such as the Ministry of
Health and the National Police Service and should also include success testimonials
where community cooperation has led to investigation success.
 Reviewing the roles of the two main institutions of the police service namely the Kenya
Police Service and the Administration Police Service as regards the investigation of child
defilement.
 The study also recommends the establishment through policy of a one-stop centers
alongside specialized police child crimes unit. The study findings especially as regards
underreporting of child defilement cases pointed to the lack of access to service providers
coupled with high poverty 68 rates.
 20

REFERENCE
Baxter, P., & Jack, S. (2008). Qualitative Case Study Methodology: Study Design and
Implementation for Novice Researchers .The Qualitative Report, 13(4), 544-559. Retrieved from
http://nsuworks.nova.edu/tqr/vol13/iss4/2
Boakye, K. (20090, Culture and Non- Disclosure of Child Sexual Abuse in Ghana: a theoretical
and empirical exploration, Law and Social Inquiry Journal, Vol 34, Issue4, 951-979
Daro D. and Dodge K. (2009), Creating Community Responsibility for Child Protection:
Possibilities and Challenges. Future Child. 2009; 19(2):67-93.
Hough, Mike and Jackson, Jonathan and Bradford, Ben and Myhill, Andy and Quinton, Paul
(2010) Procedural justice, trust and institutional legitimacy. Policing: a journal of policy and
practice, 4 (3). pp. 203-210.
Omondi, S, ‘An Evaluation of Child Sexual Abuse Trial Procedure In Kenya’, Quest Journals
Journal of Research in Humanities and Social Science Volume 2 ~ Issue 4 (2014) pp: 11-63
ISSN (Online): 2321-9467 www.questjournals.org
Ruto, S.J, Sexual abuse of school age children: Evidence from Kenya, CICE Hiroshima
University, Journal of International Cooperation in Education, Vol.12 No.1 (2009) pp.177 ～
192
Wane, N, Sexual violence and HIV/ AIDS risks in Kenyan & Ugandan Schools: Social
implications for Education Policy Development, Journal of Contemporary Issues in Education,
2009, 4(1), pp. 71-91.
Wulczyn F, Daro D, Fluke J, et al. (2010) Adapting a Systems Approach to Child Protection:
Key Concepts and Considerations. United Nations Children’s Fund (UNICEF), New York
Child Line Kenya report, Child Protection Report, 2006-2016. Nairobi. Republic of Kenya.
Available at http://childlinekenya.co.ke/assets/files/Child-Protection-Report-2006-2016.pdf.
African Woman and Child Feature Service article dubbed ‘Children under siege: Defilement on
the rise in informal settlements’ published on September 9, 2016 and available at
http://kw.awcfs.org/article/children-under-siege-defilement-on-the-rise-in-informal-settlements/
International Commission of Jurists- Kenya (2013), Baseline Report on the State of Court User
Committees in Kenya. Available at http://www.icj-kenya.org/papers/category/5-legal-opinions
Ministry of Agriculture, (2014) Livestock and Fisheries, Kilifi County, Household Baseline
Survey Report. Volume 1. Government of Kenya. Accessed at http://www.nafis.go.ke/wp-
content/uploads/2017/12/Kilifi-Volume-1-HH-Baseline-Survey-Report.pdf.
Republic of Kenya, (2014) Annual crime report, Kenya Police Service
Republic of Kenya, 2015, Bail and bond Policy guidelines,
 21

Appendix 1: Key informant interview guides

Introduction, Residence, Job description and Location of informant
Section A: Community Awareness of Child Defilement.
1. Are you aware of the laws that relate to Child Sexual Abuse?
2. What is your definition of Child Defilement?
3. What is the community definition of Child Defilement?
4. What factors contribute to occurrence of Child defilement in Kilifi County? Please
explain
Section B: Victim Support Structures
1. What is your understanding of victim support in child defilement?
2. What support can a victim of child defilement access from your institution?
3. What is the procedure for a victim of child defilement to access this support? Please
explain.
4. Have you ever been unable to offer this support to a victim of child defilement? Please
explain.
Section C: Access to Health Care Services
1. Which are your nearest health centers?
2. What means do you use to access the health centers?
3. What services do you expect to receive from health centers with regard to child
defilement?
4. Are these services usually readily available at the health centers? Please explain
5. How much do you pay for these child defilement related health services? Please explain
Section D: Evidence Chain Management
1. What do you understand by the term evidence?
2. What evidence do you think is crucial for the investigation of child defilement cases?
3. How should this evidence be handled? Please explain
4. Who should handle this evidence? Please explain
5. What challenges do you experience in the handling of child defilement evidence?
6. How can these challenges be resolved?
Section E: Role of Community- based Child Protection Mechanisms
1. What is your role as regards child protection?
2. Do you think you have any role to play with regard to the child defilement investigation
process? Please explain
Thank you for your feedback
 22

Appendix 4: Informed Consent for Key Informants.

My name is Jepchirchir Moureen .I am a researcher and a student pursuing a Bachelor Degree of
Arts in Child Care and Protection of Pwani University.
This is a request for you to participate in this research study. The objective of this study is to
assess the role of community based child protection mechanisms in investigation of child
defilement. I am interested in your role and views as a member the community based child
protection system in Kilifi County. Given the nature of your engagement,
I am interested in your perception of the investigation of child defilement cases. Participation in
this study is voluntary. Feel free to withdraw from the study any time you want without need for
providing a reason. If you wish to participate in this study, please sign the declaration of consent
below. If you later wish to withdraw your consent or have any questions concerning the study,
you may contact me through the listed address below.
Participant Statement
The above information regarding my participation in the study is clear to me. I have been given a
chance to ask questions and my questions have been answered to my satisfaction. My
participation in this study is entirely voluntary.
Name of Participant:…………………………………………………….
Signature:…………………………………………………………………
Date:………………………………………………………………………

Interviewer Statement
I confirm that I have explained to the participant in a language that s/he understands the
procedures to be followed in the study and risks and benefits involved.
Name:…………………………………………………………………….
Signature:…………………………………………………………………
Date:………………………………………………………………………