Adjudication of Corporal Punishment and the Implementation of Sustainable Development Goal 16.2: An evaluation of the Kenyan Experience
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Date
2020
Authors
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Journal ISSN
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Publisher
CEDRED Publications
Abstract
Under the laws of Kenya, the best interests’ principle is a key consideration in all matters affecting children. A topical issue is its’ report on the realisation of the SDG Agenda. Closely related to the same is Kenya’s adoption of the Sustainable Development Goals in 2015 – including target 16.2 concerning abuse, exploitation, trafficking and all forms of violence against and torture of children. This chapter evaluates Kenya’s approach to dealing with corporal punishment by the executive, legislature and judiciary in the context of SDG 16.2. The chapter uses three sub-claims to evaluate this argument. First, it situates SDGs in Kenya’s legislative framework. Secondly, it analyses the implementation of SDG 16.2 by the government. Thirdly, the chapter revisits the decision in Isaac Mwangi Wachira v Republic to showcase the courts’ approach to corporal punishment. A conclusion and recommendations follow. The Chapter adopts a desktop approach to evaluate available literature, legislation, policies, case law and similar sources. It is hoped that this law ignites academic debate on the efficacy of dealing with corporal punishment in Kenya.
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Keywords
Agenda 2040, Agenda 2063, Children, Corporal punishment
Citation
Nanima, Robert. (2020). Adjudication of Corporal Punishment and the Implementation of Sustainable Development Goal 16.2: An evaluation of the Kenyan Experience.