Jonah Patel
The Kenyan Constitution defines a youth as someone between the ages of 18 and 34, with the United Nations and African Youth Charter defining youth as ages 15 to 24 and 15 to 35, respectively. The 2010 Constitution, enacted by then-president Mwai Kibaki, aimed to address the previous neglect of youth protection and representation in Kenyan society. This new constitution established the State Department for Youth to manage youth policy and empowerment, and it also led to the creation of the National Youth Council, which advises on and researches youth affairs.
| Characteristics | Values |
|---|---|
| Age | Between 18 and 34/35 years old |
| Definition | "The collectivity of individuals who have attained the age of 18 and have not exceeded the age of 35" |
| Stage in life | Between childhood and adulthood |
| Youth representation | Increased number of youth in legislative and political positions |
| Youth programmes | Youth-centred |
| Youth policies | Promote youth participation in community and civic affairs |
| Youth development | Opportunity for improving quality of life through participation in economic and democratic processes |
| Youth affairs | National Youth Council acts as an advisory, research and policy institution |
| Affirmative action | Youth Enterprise Development Fund and Uwezo Fund |
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What You'll Learn
- The Kenyan Constitution defines youth as those aged between 18 and 34/35
- The youth were neglected by the 2010 Constitution
- The National Youth Council is at the apex of youth activities
- Youth policies aim to promote participation in community and civic affairs
- The State Department for Youth was established in 2018
The Kenyan Constitution defines youth as those aged between 18 and 34/35
The Kenyan Constitution defines a youth as a person aged between 18 and 34 or 35. This definition is in line with the generally accepted definition of youth captured by the United Nations, the African Youth Charter, and the Kenyan Constitution, which refers to "the collectivity of individuals who have attained the age of 18 and have not exceeded the age of 35." This definition was established in the 2010 Constitution, which was ushered in by then-president Hon. Mwai Kibaki on August 27, 2010.
Prior to the enactment of the 2010 Constitution, Kenyan youth were a highly neglected part of society in terms of legal protection and representation. Notably, the anti-discrimination clause, Section 82, excluded age as a ground for discrimination. Age was only mentioned as a cap for retiring from and qualifying for certain positions or as a justification for the limitation of certain rights. There were also gaps in legislative protection for the youth, with the National Youth Service being the most notable youth organisation under the former dispensation.
The new Constitution aimed to address these issues and ensure the protection and representation of Kenyan youth. The Constitution created special seats that increased the number of youth in legislative and political positions. Additionally, the government established various funds for affirmative action, such as the Youth Enterprise Development Fund and the Uwezo Fund. The State Department for Youth was also established in 2018 under the Ministry of Public Service, Youth and Gender to manage youth policy, youth empowerment, and mainstreaming youth in national development.
Despite these efforts, there are still gaps between the expectations set by the Constitution and the reality of the lives of Kenyan youth. Reports indicate that many youth feel the Constitution is not being adequately implemented. Nonetheless, the Kenyan Constitution's definition of youth as those aged between 18 and 34/35 has provided a framework for the government and interest groups to formulate policies and programmes that promote youth participation and empowerment in various spheres of life.
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The youth were neglected by the 2010 Constitution
The youth were neglected by the 2010 Kenyan Constitution in several ways, despite the government's efforts to promote their interests.
Firstly, the Constitution's anti-discrimination clause, Section 82, excluded age as a ground for discrimination. This meant that age was only considered a cap for retiring from and qualifying for certain positions or as a justification for limiting particular rights. This clause failed to address age-based discrimination and did not contribute to the holistic development of Kenya's youth.
Secondly, there were legislative protection gaps for the youth. The National Youth Service (NYS), which existed before the 1990s, was the most notable youth organisation under the former dispensation. However, it fell short of facilitating the comprehensive development of all young Kenyans.
Thirdly, while the Constitution created special seats that increased youth representation in legislative and political positions, there is a disconnect between the expectations set by these laws and policies and the reality of young people's lives. A report by Siasa Place revealed that many young people across the counties believe the Constitution is not being adequately implemented.
Furthermore, the 2010 Constitution's definition of "youth" differs from that of other prominent organisations. While the Constitution defines youth as individuals between 18 and 34 years old, the United Nations and the African Youth Charter define youth as those between 15 and 35 years old. This discrepancy may have contributed to a lack of clarity and consistency in policy implementation.
Despite the establishment of the State Department for Youth and the formulation of youth-centric policies, there remains a perceived gap between the constitutional aspirations and the lived reality of Kenyan youth. The evaluation of the 2010 Constitution's impact on young people highlights areas where further work is needed to ensure their protection, representation, and holistic development.
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The National Youth Council is at the apex of youth activities
The National Youth Council (NYC) is at the apex of youth activities in Kenya. It acts as an advisory, research, and policy institution on youth affairs in the country. The NYC is mandated to amplify the voices of Kenyan youth and ensure their active participation in leadership, governance, and democratic processes. The council facilitates intra- and intergenerational dialogue, fostering the exchange of ideas and perspectives on critical and topical issues. This helps bridge generational gaps and promotes mutual understanding.
The NYC also plays a crucial role in tackling youth unemployment by addressing gaps in the entrepreneurship value chain. It educates entrepreneurs on intellectual property and prepares small enterprises to access funding. Additionally, the council promotes patriotism and national values, empowering young people to contribute actively to nation-building and civic engagement.
The Kenyan Constitution defines a youth as an individual aged between 18 and 34, according to Article 260. This definition aligns with the generally accepted definition captured by the United Nations and the African Youth Charter, which considers youth as those between 15 and 35.
The Kenyan government has made efforts to promote the constitutional aspirations for its youth. The creation of special seats in the Constitution has increased youth representation in legislative and political positions. Various funds have also been established for affirmative action, such as the Youth Enterprise Development Fund and the Uwezo Fund. These initiatives demonstrate the government's commitment to empowering young people and ensuring their active participation in national development.
However, despite these efforts, there are still gaps between the expectations set by the Constitution and the reality faced by Kenyan youth. Reports indicate that many young people feel the Constitution is not being adequately implemented. This highlights the ongoing challenge of translating constitutional provisions into tangible benefits for the youth.
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Youth policies aim to promote participation in community and civic affairs
The Kenyan Constitution defines a youth as a person aged between 18 and 34 years old, according to Article 260. This definition is in line with the United Nations' definition of youth as persons between the ages of 15 and 24 years old, as well as the African Youth Charter's definition of youth as individuals between 15 and 35 years of age.
Youth policies in Kenya aim to promote participation in community and civic affairs, ensuring that youth programmes are centred around the youth themselves. These policies propose guidelines and strategies to facilitate youth engagement in national development and empower them to take control of their lives. The State Department for Youth, established in 2018 under the Ministry of Public Service, Youth and Gender, is tasked with managing youth policy, youth empowerment, and mainstreaming youth in national development, among other responsibilities.
The Kenya Youth Development Policy is another mechanism implemented to enhance the quality of life for Kenyan youth by encouraging their involvement in economic and democratic processes. The National Youth Council, at the forefront of youth activities in the country, serves as an advisory, research, and policy institution on youth affairs, influencing policy formulation and providing strategic direction.
The creation of special seats in the Constitution has successfully increased youth representation in legislative and political positions. Additionally, funds such as the Youth Enterprise Development Fund and the Uwezo Fund have been established to promote affirmative action initiatives. These efforts demonstrate the government's commitment to advancing the aspirations and constitutional rights of Kenyan youth, ensuring their protection and representation in society.
However, despite these endeavours, there remains a gap between the expectations set by these laws and policies and the actual experiences of Kenyan youth. Reports indicate that many young people feel the Constitution is not being adequately implemented, highlighting the need for continued efforts to bridge the divide and ensure the full realisation of youth rights and opportunities in Kenya.
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The State Department for Youth was established in 2018
The State Department for Youth, under the umbrella of the Ministry of Public Service, Youth and Gender, was established in 2018. The department is mandated to manage the youth policy, youth empowerment, mainstreaming youth in national development, and other related issues.
The creation of this department was a significant step towards ensuring the protection and representation of young Kenyans, who were previously a neglected part of society in terms of legislative measures. Before the new constitution was introduced in 2010, there were gaps in legislative protection for young people. For instance, the anti-discrimination clause, Section 82, excluded age as a ground for discrimination.
Article 260 of Kenya's 2010 Constitution defines a youth as a person aged between 18 and 34 years old. This definition is in line with the generally accepted definition of youth by the United Nations and the African Youth Charter, which consider a youth to be anyone between the ages of 18 and 35.
The Kenyan government, along with civil society organisations, has formulated policies, institutions, and legislation to operationalise the constitutional provisions. Youth policies have been designed to promote youth participation in community and civic affairs and ensure that youth programmes are centred around their needs. The Kenya Youth Development Policy, for instance, aims to improve the quality of life for Kenyan youth by facilitating their participation in economic and democratic processes.
At the apex of all youth activities in the country is the National Youth Council, which acts as an advisory, research, and policy institution on youth affairs. The constitution has also increased the number of youth in legislative and political positions through the creation of special seats.
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Frequently asked questions
According to Article 260 of Kenya's 2010 Constitution, a youth is a person aged between 18 and 34 years old.
The United Nations defines youth as persons between the ages of 15 and 24 years, while the African Youth Charter defines youth as individuals between 15 and 35 years old.
The definition of youth in the Kenyan Constitution is significant as it recognises this stage of life, between childhood and adulthood, as a period of transition where individuals take control of their lives.
The National Youth Council acts as an advisory, research, and policy institution on youth affairs. The State Department for Youth, under the Ministry of Public Service, Youth and Gender, was also established in 2018 to manage youth policy, empowerment, and mainstreaming youth in national development.
The Kenya Youth Development Policy aims to improve the quality of life for Kenyan youth by facilitating their participation in economic and democratic processes. The Constitution also includes affirmative action programmes to ensure youth access to education, employment, and protection from harmful cultural practices.
