Child protection policy
Pathways of Promise Kenya
Organisation: Pathways of Promise Kenya
Organisation Registration Date: 21 October 2024
Policy Effective Date: Upon formal approval by the organisation
Review Schedule: At least annually, and whenever necessary
Policy Owner: Pathways of Promise Kenya
Designated Safeguarding Contact: Chief Executive Officer
Safeguarding Email: info@pathwaysofpromisekenya.org
Website: https://pathwaysofpromisekenya.org
1. Introduction
Pathways of Promise Kenya is a Kenyan organisation committed to supporting and advocating for children affected by parental incarceration, particularly children whose mothers are incarcerated. The organisation recognises that parental incarceration may expose children to separation, stigma, emotional distress, disruption to education, financial hardship and changes in caregiving arrangements.
Children have the right to dignity, safety, protection, participation and opportunities for healthy development. Their circumstances must never be used to justify discrimination, neglect, exploitation or abuse.
Pathways of Promise Kenya is committed to protecting children from harm in all its activities, including prison and family visits, welfare follow-ups, community engagement, research, advocacy, educational support, fundraising, public communications and partnerships.
This policy establishes the principles, standards and procedures that guide the organisation in preventing harm, identifying safeguarding concerns and responding appropriately when concerns arise.
2. Purpose
The purpose of this policy is to:
Establish a clear commitment to child protection and safeguarding across all organisational activities.
Reduce the risk of abuse, exploitation, neglect, discrimination and other forms of harm.
Guide the conduct of the organisation’s leadership, staff, volunteers, interns, consultants, researchers, partners and other representatives.
Establish procedures for reporting and responding to safeguarding concerns.
Protect the privacy, dignity and identity of children and their families.
Promote safe and respectful engagement with children affected by parental incarceration.
Support compliance with applicable Kenyan laws and relevant child-rights standards.
Promote accountability and continuous improvement in safeguarding practice.
3. Scope
This policy applies to all individuals acting on behalf of, representing or participating in activities organised by Pathways of Promise Kenya, including:
Board members and organisational leadership.
Employees, where applicable.
Volunteers, interns and consultants.
Researchers, students and fieldwork personnel.
Fundraising and communications personnel.
Contractors and service providers whose work involves children or access to children’s information.
Partner organisations and individuals participating in activities involving children.
The policy applies to in-person and online interactions, official events, prison visits, community visits, home or family welfare follow-ups, research activities, educational support, psychosocial support referrals, photography, video production, fundraising and other activities undertaken in the organisation’s name.
Where a partner has its own safeguarding policy, Pathways of Promise Kenya will seek to ensure that appropriate safeguarding standards are applied and that any concerns arising during joint activities are reported and addressed.
4. Legal and Policy Framework
This policy is guided by the applicable laws of Kenya and relevant international child-rights instruments, including:
4.1 Constitution of Kenya, 2010
Article 53 recognises children’s rights, including protection from abuse, neglect, harmful cultural practices, violence, inhuman treatment and exploitation. Article 53(2) provides that a child’s best interests are of paramount importance in every matter concerning the child.
4.2 Children Act, 2022 (No. 29 of 2022)
The Children Act, 2022 provides the principal statutory framework for children’s rights, care and protection in Kenya. Section 8 establishes the best interests of the child as the primary consideration in actions concerning children and provides for the child’s views to be considered in appropriate cases, taking account of the child’s age and maturity.
Pathways of Promise Kenya commits to conducting its activities in a manner consistent with the Act and the protection of children’s rights and welfare.
4.3 Data Protection Act, 2019
The Data Protection Act, 2019 is relevant to the collection, use, storage, disclosure and protection of personal information, including information relating to children. The organisation will take appropriate steps to protect children’s personal information and handle it in accordance with applicable legal requirements.
4.4 International child-rights instruments
The organisation is guided by the principles of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, as applicable in Kenya.
Pathways of Promise Kenya will review this policy when relevant legal requirements or organisational activities change. This policy does not replace statutory reporting obligations or the responsibilities of competent child-protection authorities.
5. Definition of a Child
For the purposes of this policy, a child is any person below the age of eighteen years, consistent with Kenyan law.
Safeguarding refers to the measures taken to prevent and respond to harm, abuse, exploitation, neglect and other risks affecting children.
A safeguarding concern is any information, observation, disclosure or allegation suggesting that a child may have been harmed, may be at risk of harm, or may be unsafe during an organisational activity or in another relevant circumstance.
6. Safeguarding Principles
Pathways of Promise Kenya will apply the following principles.
6.1 Best interests of the child
The safety, welfare and best interests of the child will guide decisions and actions affecting children.
6.2 Dignity and respect
Every child will be treated with dignity, kindness and respect, regardless of family circumstances, parental incarceration, disability, gender, background, economic status or other characteristics.
6.3 Prevention of harm
The organisation will take reasonable and proportionate steps to identify safeguarding risks before activities take place and to reduce those risks.
6.4 Zero tolerance for abuse and exploitation
Abuse, exploitation, harassment, intimidation, grooming, violence and deliberate neglect by individuals representing the organisation are unacceptable and will be addressed appropriately.
6.5 Non-discrimination
Children affected by parental incarceration will not be stigmatised, blamed, excluded or treated as responsible for a parent’s circumstances.
6.6 Child participation
Children should be listened to in an age-appropriate and respectful manner. Their views should be considered in decisions affecting them, subject to their age, maturity, safety and applicable law.
6.7 Privacy and confidentiality
Children’s identities, personal histories, family circumstances and welfare information will be protected. Information will be shared only when justified by a legitimate purpose, safeguarding need or legal obligation.
6.8 Accountability
Everyone representing the organisation is responsible for following this policy and reporting safeguarding concerns. No person is exempt from safeguarding standards because of seniority, professional status or relationship with the organisation.
7. Forms of Abuse and Harm
The organisation recognises that abuse and harm can take different forms, including:
Physical abuse: Inflicting physical injury, violence or other harmful physical treatment.
Emotional or psychological abuse: Threats, humiliation, intimidation, rejection, degrading language or conduct that causes emotional harm.
Sexual abuse and exploitation: Any sexual activity, coercion, exploitation or inappropriate sexual conduct involving a child.
Neglect: Failure by a person responsible for a child to provide appropriate care or protection, where this places the child at risk.
Economic exploitation: Using a child for financial gain, forced labour, exploitative work or other inappropriate financial purposes.
Online abuse: Grooming, sexual exploitation, bullying, harassment, threats or inappropriate contact through digital platforms.
Discrimination and stigma: Unfair treatment or exclusion because of a child’s identity, disability, gender, background or parental circumstances.
Privacy violations: Unauthorised disclosure of a child’s identity, personal information, family history, location or sensitive experiences.
This list is not exhaustive. Any conduct that places a child at risk of harm must be taken seriously.
8. Standards of Conduct
All individuals acting on behalf of Pathways of Promise Kenya must:
Treat children respectfully and professionally.
Use appropriate, age-sensitive language and behaviour.
Respect children’s personal boundaries and privacy.
Avoid discriminatory, humiliating, threatening or degrading conduct.
Avoid situations involving unnecessary isolation with a child.
Ensure interactions are appropriate to the activity and, where practicable, visible to or supported by another responsible adult.
Follow applicable consent, authorisation and institutional requirements before engaging children in activities.
Report safeguarding concerns promptly.
Protect confidential information and use it only for authorised purposes.
Follow the organisation’s instructions and applicable law during prison visits, community activities, welfare checks and research.
Avoid conflicts of interest or personal relationships that could expose a child to risk.
Cooperate appropriately with safeguarding reviews and lawful investigations.
Individuals must never:
Engage in sexual activity or inappropriate romantic conduct with a child.
Hit, threaten, shame, intimidate or deliberately humiliate a child.
Groom, exploit, manipulate or solicit a child for personal, sexual, financial or other inappropriate purposes.
Ask a child to keep inappropriate secrets.
Exchange money, gifts, favours or assistance for affection, access, photographs, personal information or other benefits.
Use personal messaging or social media to develop inappropriate or secretive relationships with children.
Take a child away from an authorised activity or location without appropriate authorisation.
Use alcohol or drugs in a manner that compromises the safety of children during organisational activities.
Ignore, conceal, discourage or retaliate against anyone who raises a safeguarding concern.
Where assistance is provided to a child or family, it must never be conditional on publicity, photographs, interviews, research participation or public expressions of gratitude.
9. Recruitment, Selection and Supervision
Pathways of Promise Kenya will take reasonable steps to ensure that individuals whose roles involve children are suitable for those responsibilities.
Depending on the role, activities and applicable requirements, these steps may include:
Verifying identity and relevant qualifications.
Requesting references.
Conducting appropriate background or suitability checks where lawful, available and proportionate.
Explaining safeguarding expectations before an individual begins work.
Providing relevant safeguarding guidance or training.
Supervising activities involving children.
Reviewing concerns about an individual’s conduct and taking appropriate action.
No person should be assigned a role involving children without appropriate consideration of safeguarding risks.
Where the organisation works with partner institutions or other organisations, it will seek to clarify safeguarding responsibilities before activities begin.
10. Prison Visits and Engagement with Incarcerated Mothers
Pathways of Promise Kenya recognises the importance of respectful engagement with incarcerated mothers and the welfare of their children.
All prison-related activities must comply with the rules, permissions, security procedures and directions of the relevant correctional institution and competent authorities.
During such activities, the organisation will:
Respect the dignity, privacy and rights of incarcerated mothers and their children.
Avoid stigmatising language or assumptions about family circumstances.
Obtain the necessary institutional permissions before conducting visits, interviews, research, photography or other activities.
Follow applicable consent and authorisation procedures for engagement with children.
Avoid collecting unnecessary information about children or families.
Ensure that children are not pressured to participate in interviews, photographs, videos or public communications.
Avoid making promises of assistance, legal outcomes, release arrangements or other benefits that the organisation cannot guarantee.
Refer concerns about a child’s safety or welfare to the appropriate authority or service where necessary.
Respect the confidentiality of information shared by incarcerated mothers and family members, subject to safeguarding and legal obligations.
The organisation will not assume that parental incarceration automatically indicates parental unfitness or that all children affected by incarceration experience the same needs.
11. Child Welfare Checks and Family Follow-up
Where Pathways of Promise Kenya conducts or participates in welfare checks or family follow-up activities, it will seek to ensure that these activities are respectful, safe and appropriate to the circumstances.
The organisation will:
Explain the purpose of the visit or engagement to the relevant caregiver and, where appropriate, the child.
Obtain necessary consent and authorisation before proceeding.
Respect household privacy and avoid unnecessary intrusion.
Consider risks associated with the child’s home, community and family circumstances.
Avoid making judgments or promises beyond the organisation’s role and capacity.
Record relevant observations accurately and objectively.
Protect any records collected during the visit.
Refer identified concerns to appropriate child-protection, health, education or social-support services where necessary and feasible.
A welfare check by the organisation does not replace a statutory assessment or investigation by a competent authority.
Where a visit cannot be conducted safely or appropriately, it should be postponed, modified or discontinued until the relevant risks have been considered.
12. Psychosocial Support and Referrals
The organisation recognises that children affected by parental incarceration may experience emotional distress, stigma, uncertainty, separation or changes in family relationships.
Where activities involve emotional or psychosocial support, the organisation will respect the child’s dignity, privacy and individual circumstances.
The organisation will not represent general welfare engagement as professional counselling, clinical treatment or specialist psychological care unless appropriately qualified professionals are engaged to provide those services.
Where a child appears to need specialist support, the organisation will seek to facilitate an appropriate referral to a qualified professional or relevant service, subject to consent, safeguarding considerations and applicable law.
Children should not be pressured to disclose distressing experiences or recount traumatic events for organisational reporting, research, fundraising or publicity.
13. Educational and Material Assistance
Where the organisation provides or facilitates educational assistance, clothing, footwear, nappies, blankets, school supplies or other material support, assistance must be provided respectfully and without discrimination.
The organisation will seek to:
Assess needs fairly and proportionately.
Avoid creating unreasonable expectations about the availability or continuity of assistance.
Keep appropriate records of assistance provided.
Protect the identity and personal information of recipients.
Avoid using children’s hardship as a publicity tool.
Ensure that children are not required to appear in photographs, videos, interviews or public campaigns in exchange for assistance.
Any eligibility criteria for assistance should be explained clearly and applied consistently.
14. Photography, Videos and Public Communications
The organisation recognises the heightened risks associated with identifying children affected by parental incarceration.
Photographs, videos, interviews, audio recordings and personal stories must be handled carefully and ethically.
Before collecting or publishing identifiable material involving a child, the organisation will consider:
Whether there is a legitimate and necessary purpose for collecting the material.
Whether appropriate consent and authorisation have been obtained from the relevant parent, guardian or other legally authorised person, as applicable.
Whether the child’s informed and age-appropriate agreement has been sought where appropriate.
Whether the activity complies with institutional requirements and applicable law.
Whether publication could expose the child to stigma, discrimination, retaliation, embarrassment, exploitation or other harm.
Whether the child’s identity can be protected through anonymisation or non-identifying images.
Consent from a parent, guardian or institution does not automatically make publication appropriate. The organisation must still consider the child’s best interests and the potential consequences of disclosure.
The organisation will not publish identifiable details of a child’s parental incarceration, sensitive family history, home location, school, contact details or other information that could expose the child to harm without a lawful and carefully considered basis.
Where the risks of identification or harm cannot be adequately addressed, the material should not be published.
Images or stories must not portray children as objects of pity, shame or spectacle. Assistance must not be conditional on participating in publicity.
Where consent is withdrawn, the organisation will consider appropriate steps to stop future use or remove material under its control, subject to applicable law, legitimate recordkeeping requirements and practical limitations.
15. Research and Data Collection Involving Children
Research and documentation can contribute to understanding the experiences of children affected by parental incarceration. However, research must not compromise children’s safety, privacy or wellbeing.
Where activities involve research with children, the organisation will:
Obtain any required research licences, ethics approvals, institutional permissions and other authorisations before the relevant activity begins.
Seek informed consent from the appropriate parent, guardian or legally authorised person where required.
Seek the child’s age-appropriate assent where appropriate and required.
Explain the purpose of the research in language the child can understand.
Make participation voluntary and avoid coercion or undue influence.
Respect a child’s decision not to participate or to stop participating, subject to applicable requirements.
Avoid unnecessary collection of sensitive personal information.
Use anonymisation or other privacy protections wherever practicable.
Store research records securely and restrict access to authorised persons.
Avoid publishing information that could identify a child or family unless there is a lawful and ethically justified basis and the relevant safeguards are in place.
Follow applicable research ethics, data protection and safeguarding requirements.
Research participation must not be made a condition for receiving welfare assistance. Children must not be pressured to disclose painful experiences or provide information that is unnecessary to the research purpose.
Where a research activity reveals a safeguarding concern, the organisation will respond in accordance with this policy and applicable legal and ethical obligations.
16. Digital and Online Safeguarding
The organisation will take reasonable steps to protect children when using websites, social media, messaging services, online meetings, digital forms and other electronic platforms.
Individuals representing the organisation must not:
Contact children online for personal or inappropriate purposes.
Send sexual, threatening, humiliating or otherwise inappropriate messages or material.
Request or store inappropriate images of children.
Share children’s personal information through unauthorised channels.
Publish identifying information without appropriate authorisation and safeguarding consideration.
Use private digital communications to bypass agreed organisational procedures.
Where online engagement with children is necessary for a legitimate organisational activity, it should be appropriately authorised, transparent and proportionate to the purpose.
Any suspected online exploitation, grooming, harassment or disclosure of sensitive information must be reported promptly.
17. Identifying and Reporting Safeguarding Concerns
A safeguarding concern may arise from a child’s disclosure, a direct observation, information from a caregiver or third party, an allegation against an organisational representative, or other information suggesting that a child may be at risk.
Anyone representing Pathways of Promise Kenya who becomes aware of a safeguarding concern must report it as soon as reasonably possible.
When receiving a disclosure from a child, the person should:
Remain calm and listen carefully.
Take the child seriously and treat them with respect.
Reassure the child that they have done the right thing by speaking up.
Avoid leading questions or pressing the child for unnecessary details.
Never promise absolute secrecy.
Explain, in an age-appropriate manner, that information may need to be shared with people who can help keep them safe.
Record the information as accurately as possible, distinguishing the child’s own words from the reporter’s observations.
Report the concern promptly through the procedures set out below.
Individuals should not conduct their own investigation, confront an alleged perpetrator where doing so could increase risk, or attempt to resolve a serious safeguarding concern privately.
18. Designated Safeguarding Contact
The Chief Executive Officer of Pathways of Promise Kenya is the organisation’s designated safeguarding contact and is responsible for receiving safeguarding reports, coordinating an appropriate initial response and ensuring that concerns are referred or escalated as necessary.
Designated Safeguarding Contact: Chief Executive Officer, Pathways of Promise Kenya
Email: info@pathwaysofpromisekenya.org
Reports should include, where known and safe to provide:
The nature of the concern.
The date, time and location of the incident or disclosure.
The child’s immediate safety needs.
Relevant observations or information.
Any action already taken.
Reporters should share only information necessary to respond to the concern and should not circulate allegations or sensitive information among unauthorised persons.
Concerns involving the Chief Executive Officer
Where a concern or allegation involves the Chief Executive Officer, or where a person reasonably believes that reporting to the Chief Executive Officer would be unsafe or inappropriate, the concern should be reported directly to the Chairperson of the Board or another board member designated to receive such reports.
Alternative safeguarding contact: Chairperson of the Board or designated board member
Alternative contact details: To be provided by the organisation before publication of this policy.
The alternative contact should handle the matter independently and ensure that appropriate safeguarding action, referral and documentation take place. A person reporting a concern should not be required to report it first to someone who is the subject of that concern.
19. Immediate Danger and External Reporting
Where a child appears to be in immediate danger, the priority is to take reasonable steps to secure the child’s safety and contact the appropriate emergency, law-enforcement or child-protection authority.
Depending on the circumstances, concerns may need to be referred to the relevant Children Officer, the Directorate of Children Services, the National Police Service, a qualified health professional or another competent authority.
In Kenya, the National Child Helpline can be contacted on 116 for child-protection assistance.
The organisation will not delay urgent action while waiting for an internal response. Internal reporting does not replace any external reporting required by law.
Any engagement with a child in a correctional institution must also take account of applicable institutional procedures, without allowing those procedures to prevent urgent action required to protect a child from harm.
20. Responding to Allegations Against Personnel
All allegations or concerns involving staff, volunteers, leadership, researchers, consultants or other representatives must be taken seriously and assessed promptly.
Depending on the nature and seriousness of the concern, the organisation may:
Take immediate steps to protect the child.
Refer the matter to the appropriate external authority.
Restrict or suspend an individual’s involvement in child-facing activities while the concern is assessed, where appropriate.
Preserve relevant records and evidence.
Cooperate with lawful investigations.
Take proportionate organisational or disciplinary action where warranted.
Review procedures to reduce the risk of similar incidents.
The organisation will avoid prejudging allegations before appropriate assessment. However, protecting a child and reducing immediate risks must take priority over protecting the reputation or position of an individual.
Where an allegation concerns the Chief Executive Officer, the alternative board reporting route described in Section 18 must be used.
21. Confidentiality, Records and Data Protection
Safeguarding reports and records may contain sensitive personal information. Such information must be handled with care.
Pathways of Promise Kenya will seek to ensure that:
Records are accurate, factual and securely stored.
Access is limited to people who need the information for a legitimate safeguarding or legal purpose.
Information is shared with relevant authorities or professionals where necessary to protect a child or comply with the law.
Records are not used for fundraising, publicity or unrelated research without a lawful and appropriate basis.
Personal information is retained only for as long as necessary, taking account of safeguarding needs, legal obligations and applicable retention requirements.
Information is securely disposed of when it is no longer required and disposal is lawful.
Confidentiality is important but is not absolute. Information may need to be disclosed when required by law or when necessary and appropriate to protect a child from harm.
The organisation will handle personal data in accordance with applicable data protection requirements and its Privacy Policy.
22. Protection from Retaliation
No person should be punished, threatened, intimidated or unfairly treated for raising a safeguarding concern in good faith or cooperating with an appropriate safeguarding process.
Deliberately making a malicious or knowingly false allegation may be addressed through appropriate procedures. However, a concern raised honestly must not attract retaliation merely because it cannot be substantiated.
Children must never be blamed or punished for disclosing abuse, refusing inappropriate contact or asking for help.
23. Responsibilities
23.1 Organisational leadership
The organisation’s leadership is responsible for promoting a safeguarding culture, ensuring that this policy is communicated, reviewing safeguarding risks and supporting appropriate responses to concerns.
23.2 Chief Executive Officer and Designated Safeguarding Contact
The Chief Executive Officer is responsible for receiving reports, coordinating appropriate initial action, maintaining suitable records, facilitating referrals and reviewing safeguarding implementation.
Where a concern involves the Chief Executive Officer, the designated alternative board reporting route must be used.
23.3 Board or governing body
The board or governing body is responsible for providing appropriate oversight of safeguarding arrangements, supporting accountability and ensuring that concerns involving senior leadership can be addressed independently.
23.4 Staff, volunteers, researchers and other representatives
All individuals covered by this policy are responsible for understanding and following safeguarding requirements, behaving appropriately around children and reporting concerns promptly.
23.5 Partners and service providers
Partners and service providers involved in activities concerning children are expected to respect this policy’s safeguarding principles and cooperate with appropriate reporting and risk-management procedures.
24. Safeguarding Awareness and Training
Pathways of Promise Kenya recognises that safeguarding requires ongoing awareness and learning.
The organisation will seek to provide safeguarding guidance appropriate to the responsibilities of its leadership, volunteers, researchers, staff and other representatives. Additional training may be pursued where activities, risks, resources or applicable requirements make it necessary.
Individuals participating in child-facing activities should be informed of relevant safeguarding expectations and reporting procedures before taking on those responsibilities.
The organisation will review safeguarding learning needs as its programmes and operations develop.
25. Policy Implementation and Review
This policy provides the organisation’s safeguarding framework. Its implementation should be supported by appropriate procedures, responsible leadership, reporting arrangements and periodic review.
Pathways of Promise Kenya will review the policy at least annually where practicable, and sooner where necessary due to changes in law, organisational activities, identified safeguarding risks or lessons arising from a safeguarding concern.
The organisation will seek to improve its safeguarding procedures as its activities, resources and partnerships develop.
Any revision should be approved through the organisation’s appropriate governance process, and the current version should be made available to relevant personnel and stakeholders.
26. Commitment
Pathways of Promise Kenya believes that every child deserves dignity, care, safety and the opportunity to thrive, regardless of their parent’s circumstances.
The organisation is committed to preventing harm, responding appropriately to concerns, respecting children’s rights and promoting responsible, ethical engagement with children and families affected by parental incarceration.
Safeguarding is a shared responsibility. Every person representing Pathways of Promise Kenya is expected to uphold the principles and standards set out in this policy.
27. Contact
For safeguarding concerns or questions about this policy, contact:
Pathways of Promise Kenya
Designated Safeguarding Contact: Chief Executive Officer
Email: info@pathwaysofpromisekenya.org
Website: https://pathwaysofpromisekenya.org
For concerns involving the Chief Executive Officer, contact the Chairperson of the Board or the board member designated to receive safeguarding reports. The organisation should publish the alternative contact details once they have been formally designated.
Policy status: This policy should be formally approved by the organisation’s appropriate leadership or governing body before it is represented as formally adopted. The date of approval should be recorded and the policy reviewed periodically.