Combating Child Marriage

by Laura Darcey

Child marriage, defined as the marriage of a child under the age of 18 (but sometimes as young as 10), is common in Kenya, especially in poor households. 23% of Kenyan girls are married before their 18^th birthday, and 4% are married before the age of 15^[i]. Child marriage has been prohibited in Kenya since 1990 when the country ratified the Convention on the Rights of the Child. Following this commitment, the country enacted various laws including the Children’s Act of 2001, the Sexual Offences Act of 2006 and the Marriage Act of 2014, all of which contribute to the criminalisation of the practice^[ii].

Yet, child marriage remains prevalent in Kenyan communities, driven by financial insecurity exacerbated by climate change, gender inequality, cultural tradition, and minimal law enforcement.

The Drivers of Child Marriage

Deeply ingrained cultural traditions mean many young Kenyan girls are seen as predestined for marriage and motherhood. Rooted in the belief of gender-based inferiority, the girl child is assigned roles for childbearing and domestic duties, while the boy child is seen as a future economic contributor. Rather than a contributor, a 2016 UNICEF study found that girls are more likely seen as an economic burden, or an asset to be traded for goods^[iii]. It is only a matter of time, therefore, until a girl is married off in exchange for a dowry, and numerous factors will push a family to make this choice before a girl reaches the legal age of 18.

Poverty can push a family to commit their underage child to marriage. In times of financial insecurity, girls will be married off to lessen a household’s economic burden and provide an immediate relief in the form of a dowry, comprising goods such as livestock, textiles and clothing, or jewellery. Globally, dowry practices are exacerbated in times of crisis and displacement, such as drought caused by climate change, and contribute to the higher prevalence of child marriage^[iv]. Families turn to child marriage to cope with the climate-related loss of crops or livestock.

Kenya is particularly vulnerable to climate shocks. It was recently ranked 36^th among all countries in vulnerability to climate change effects, and 152^nd in terms of preparedness to deal with these effects^[v]. In 2019, a large swarm of locusts flocked to Kenya after a bout of unusual weather patterns exacerbated by climate change. The locusts devoured crops resulting in catastrophic agricultural damage^[vi]. These events will become more common as climate change alters weather patterns and causes more extreme weather events, such as heavy rainfall and cyclones.

The increasing prevalence of drought also presents heightened challenges for women. Often tasked with collecting water, prolonged journeys to seek water sources exposes young girls to the increased risk of sexual assault resulting in unwanted pregnancies^[vii].  Additionally, poverty exacerbates the vulnerabilities of young girls, leading some to resort to transactional sex with older men in exchange for essential goods like soap or menstrual products^[viii]. Limited reproductive knowledge and inadequate access to birth control contributes to many girls finding themselves facing unplanned pregnancies.

Engaging in sex outside of marriage is often frowned upon and deemed socially unacceptable. An unplanned pregnancy can drive families to organise a marriage to protect the family honour and prevent negative perceptions associated with sex outside of marriage. This effect is so extreme, that in times of increased levels of sexual assault, families will pre-emptively marry off their daughter, hoping to protect her from such assaults and ‘preserve her honour’^[ix]. 

Denied Education  

With school attendance financially challenging for many families, they must choose which children to prioritise. Poor families believe that educating male children will generate greater benefits for the household and, in almost all cases, boys are prioritised ahead of girls^[x]. Sons will support parents in their old age. Daughters, when married, move to the husband’s home and become members of the husband’s family, lessening not only the family food burden but also any ongoing responsibility. As a result, among the poor, education for girls is frequently sacrificed in favour of preparing them for early marriage and childbearing.

Additionally, once married, a girl is far less likely to continue in school. Education is seen as an unnecessary investment of the girl’s life and the family’s financial resources, and married girls have many household tasks to tend to^[xi].  Marriage is frequently followed by pregnancy, which can result in a young girls’ exclusion from education due to social stigma or policies that restrict pregnant girls from attending school^[xii].

Negative Outcomes for Child Brides and Their Children

Child marriage is often preceded by Female Genital Cutting (FGC), deemed as a vital part of the transition from girlhood to womanhood. Also illegal in Kenya, FGC can have severe health implications that can plague young girls for the rest of their lives^[xiii]. In addition, women who bear children at a young age may face serious health consequences, experiencing higher rates of maternal mortality, a higher risk of obstructed labour, and pregnancy induced hypertension^[xiv].  Their young bodies are simply unprepared for childbirth.

Girls who are married young often lack status and power within their marriage and households, and are more likely to experience domestic violence, sexual abuse, and isolation from their family and community. With child brides deemed to have little use for education, and their domestic responsibilities as wives and mothers taking precedence, they are excluded from the classroom. This not only limits their opportunity for a prosperous life, but negatively impacts the future of their children. The children of better-educated women are more likely to survive infancy and childhood and go to school themselves, and to live longer, healthier lives^[xv]. Barring a girl from school perpetuates the intergenerational transmission of poverty.

Unconvincing Enforcement

Child marriage is illegal in Kenya, but some authorities do not see it as their job to prevent it. Birth and marriage registration are rarely produced or verified at the point of marriage. Furthermore, cases of child marriage that make their way to prosecution in courts are often beset by delays or incomplete proceedings. In addition, some communities are resistant to calls to stop child marriage as the practice aligns with customary practices and religious beliefs, and the enforcement of the law can encounter resistance form community and religious leaders^[xvi].   Ultimately, there are no specific child protection programmes in place that directly focus on protecting children from child marriage, and referral pathways for help are weak^[xvii].

How NTS makes a difference

NTS offers an alternative path for girls and their families, providing a route to a successful career that will benefit their entire family. By learning professional vocational skills such as tailoring and hairdressing, girls can earn a meaningful income, leveraging their talents and time more effectively by practising their trade in real employment rather than working exclusively in the home.

An NTS education demonstrates to girls that they can escape poverty and bring long-term financial stability to a family. In the short term, because they are fed three meals per day at school, it removes the need for parents to marry them to reduce food insecurity. By offering free education, NTS takes away the need for families to choose which child should attend school.

NTS also takes great care to ensure students are well-informed. In civics lessons, we cover students’ constitutional and legal rights, including the fact that child marriage is illegal in Kenya. And our child safeguarding policy ensures all students are aware of their rights to physical and emotional safety.  Additionally, gender equality lessons help to break down some of the patriarchal assumptions that can contribute to child marriage.

Our very own hairdressing teacher, Madame Irene Kwamboka, said “Because of our community’s poverty, girls can be married at 14, and often abused by their jobless husbands. I believe they can escape this trap with a profession that enables them to earn a living. Teaching professional skills to young women benefits the whole family.”

References

^[i] Girls Not Brides, Child Marriage Atlas, https://www.girlsnotbrides.org/learning-resources/child-marriage-atlas/atlas/kenya/#:~:text=Legal%20age%20of%20marriage%20%2D%2018%20years%2C%20no%20exceptions,-What’s%20the%20prevalence&text=23%25%20of%20Kenyan%20girls%20are,regions%20and%20among%20ethnic%20groups