National Policy to regulate Day Care Centres, says PS Carren Ageng’o

Kenya is developing a National Care Policy to standardize and regulate daycare facilities across the country, a move spearheaded by the State Department for Children Welfare Services. Principal Secretary Carren Ageng’o announced that public views are being collected to inform the development of robust standards, aiming to enhance the safety and welfare of children. This policy seeks to address the current fragmented regulatory landscape, ensuring uniform quality and protection for children in daycare settings. The initiative is part of a broader governmental commitment to formalize the care economy, recognize the value of care work, and improve child protection mechanisms in line with the Children Act, 2022, and the Constitution of Kenya, 2010.

The Kenyan government has embarked on a significant legislative journey to streamline the regulation of daycare facilities nationwide through the development of a comprehensive National Care Policy. This crucial initiative, announced by Principal Secretary Carren Ageng’o of the State Department for Children Welfare Services, underscores a commitment to safeguarding the well-being and enhancing the safety of children in non-parental care. The policy aims to establish uniform standards and oversight for daycare centres, which have historically operated under a varied and often fragmented regulatory framework.

This development is particularly pertinent given the increasing reliance on daycare services by working parents and the constitutional imperative to protect children's rights. The proposed National Care Policy is not merely a regulatory exercise but a foundational step towards recognizing and formalizing the critical role of the care economy in national development. It seeks to ensure that all children, regardless of their socio-economic background, have access to safe, stimulating, and quality care environments, thereby contributing to their holistic development and empowering women in the workforce.

This article will delve into the existing legal landscape governing childcare in Kenya, analyze the anticipated impact and scope of the forthcoming National Care Policy, and discuss the implications for legal practitioners and daycare operators. It will highlight the policy's alignment with national and international child protection frameworks and consider the challenges and opportunities presented by this transformative legislative effort.

The legal framework for child protection and welfare in Kenya is primarily anchored in the Constitution of Kenya, 2010, particularly Article 53, which enshrines the rights of every child, including the right to parental care and protection from abuse, neglect, and all forms of violence. This constitutional mandate is operationalized through the Children Act, 2022 (which repealed and replaced the Children Act, 2001), a comprehensive statute that provides for the care, protection, and maintenance of children.

The Children Act, 2022, establishes the National Council for Children's Services (NCCS) as a statutory body tasked with exercising general supervision and control over the planning, financing, and coordination of child rights and welfare activities, and advising the government on all related aspects. The Act also reiterates the role of county governments in providing or facilitating the provision of childcare facilities. Following the devolution of Early Childhood Development and Education (ECDE) and childcare functions to county governments, a patchwork of regulations has emerged. While some counties, such as Nairobi City County, have enacted specific legislation like the Nairobi City County Child Care Facilities Act, 2017, and Kisumu County with its Early Childhood Development and Education Act, 2023, many others lack comprehensive, dedicated childcare policies.

This fragmented approach has led to inconsistencies in standards, licensing requirements, and enforcement mechanisms across different regions, posing challenges for both service providers and regulatory bodies. The existing framework often conflates daycare centres with broader Early Childhood Development and Education (ECDE) institutions, leading to regulations that may not be entirely suitable for the unique operational realities of daycare facilities catering to younger children. The need for a harmonized national approach has been evident, with calls from stakeholders for tailored regulations that balance child safety with the practicalities faced by operators.

The proposed National Care Policy represents a critical step towards rectifying the inconsistencies and gaps within Kenya's childcare regulatory landscape. Currently, while the Children Act, 2022, provides a broad framework for child protection, specific, detailed national standards for daycare facilities have been lacking, leading to varied interpretations and enforcement at the county level. The State Department for Children Welfare Services, under PS Carren Ageng’o, is actively engaging in public participation to gather views, which is essential for developing standards that are both effective and contextually appropriate for diverse settings, including informal settlements.

One of the key challenges the new policy must address is the distinction between Early Childhood Development and Education (ECDE) centres, which typically cater to children aged 4-5 years, and daycare facilities, which often serve infants and toddlers. While the Basic Education Act, 2013, and the Early Childhood Education Act, 2021, provide frameworks for ECDE, specific provisions for daycare have been less explicit at the national level. The Children Act, 2022, mandates county governments to provide childcare facilities, but the absence of national guiding principles has resulted in disparate county-level legislation, such as the Nairobi City County Child Care Facilities Act, 2017, which sets out licensing, operational, and safety standards for facilities within its jurisdiction.

Moreover, the National Care Policy is situated within a broader governmental agenda to recognize and value care work, which disproportionately falls on women. Endorsed by the government in December 2025, this overarching policy aims to redistribute and reduce care burdens, promote decent work for paid care workers, and invest in care infrastructure. The regulation of daycare centres is a direct component of this larger strategy, aiming to professionalize the sector and provide essential support for working parents. The Ministry of Health has also indicated plans to enforce existing legal requirements for public institutions to establish workplace daycare facilities, further highlighting the multi-sectoral approach to childcare.

The National Council for Children's Services (NCCS) will play a pivotal role in the coordination and oversight of this new policy. Its mandate to formulate policies and coordinate child protection services positions it as a key implementer, ensuring alignment with national and international obligations, such as the United Nations Convention on the Rights of the Child (UNCRC), which Kenya has domesticated. The success of the policy will, however, depend on effective collaboration between national and county governments, adequate budgetary allocation, and robust enforcement mechanisms to ensure compliance with the new standards.

The development of Kenya's National Care Policy to regulate daycare centres marks a significant and welcome advancement in child protection and the formalization of the care economy. By establishing clear, uniform standards, the policy promises to enhance the safety, welfare, and developmental outcomes for children in daycare, while simultaneously supporting working parents and recognizing the economic value of care services. This initiative, driven by the State Department for Children Welfare Services, is poised to address long-standing regulatory fragmentation and ensure a more cohesive approach to childcare across the 47 counties.

For legal practitioners, this forthcoming policy will necessitate a thorough understanding of the new national standards and their interplay with existing county-level legislation. Daycare operators will need to prepare for updated licensing requirements, facility standards, staff qualifications, and child-to-staff ratios, among other regulations. It will be crucial for legal advisors to guide clients through the public participation process and subsequent implementation phases, ensuring compliance and advocating for practical and equitable application of the law. Practitioners should closely monitor the finalization of the policy and its accompanying regulations, as well as the mechanisms for enforcement and dispute resolution, to effectively advise stakeholders in this evolving sector. The success of this policy will ultimately be measured by its ability to create a safer, more nurturing environment for Kenya's youngest citizens.