ELRASE IIIBrief Nº 03 / 104 min read

A New State Department for Children Was Created in April 2025. Here Is What That Means.

Executive Order No. 1 of 2025 restructured child protection governance.

By CounselConnect4 March 2026

Filed under · ELRASE III Final Report 2025 (pp. 27-29)

47
counties now overseen by the new State Department for Children Services

Key Data

Executive Order No. 1 of 2025 split the former Ministry of Labour and Social Protection into two separate departments: the State Department for Social Protection (remaining under Labour) and the State Department for Children Services (placed under the new Ministry of Gender, Culture and Children Services). The new department operates across 8 regions, 47 counties, and 353 sub-counties, overseeing 1 state corporation, 2 funds, and 30 statutory children's institutions.

What Is Happening

Kenya's child protection infrastructure is being reorganised at the highest level of government. This is not a marginal administrative change. It signals elevated political attention to children's services, creates a new institutional actor with its own budget line, and generates immediate regulatory and compliance implications for any entity operating in child-related sectors.

Why It Is Happening

The restructuring was driven by recognition that the previous arrangement, where child protection sat within the Labour ministry, created institutional confusion. The ELRASE III report documented persistent lack of clarity about which department was responsible for which aspect of child labour. The new structure is designed to resolve that ambiguity.

Practice Impact and Revenue

For all advocates, this creates an immediate need to update your understanding of government structure. Court filings that cite the wrong ministry or department will face procedural objections.

For advocates appearing before tribunals, commissions, or in judicial review proceedings, the correct respondent has changed.

For commercial lawyers advising clients with government contracts, the contracting authority for children's services work has shifted.

Advocates who update their knowledge first can offer immediate advisory value to clients who interact with government. Any law firm with NGO, education sector, or healthcare clients needs to know this change. A one-page advisory note to relevant clients is a low-cost, high-visibility service.

Strategic Insight — What Most Advocates Will Miss

Most advocates will miss this entirely because it happened via executive order rather than legislation. By the time it appears in continuing legal education materials, months will have passed. The advocate who communicates this change to clients and colleagues first demonstrates currency and attentiveness that builds trust.

Action Checklist

  1. Update your firm's government directory to reflect the new structure.
  2. Review pending matters citing the Ministry of Labour in relation to children's services — consider amending respondents.
  3. Send a brief advisory note to relevant clients about the restructuring.
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