Section 8 - Best interests of the child
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodiesâ
(a) the best interests of...
Section 9 - Non-discrimination
(1) No person shall discriminate against a child on the grounds of age, origin,sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political,...
Section 11 - Right to parental care
(1) Every child has the right to parental care and protection.
(2) Except as is otherwise provided under this Act, every child has the right to live with his or her parents.
(3) Despite subsection...
Section 12 - Right to social security
(1) Every child whose parent or guardian is unable to maintain the child has the right to social security as guaranteed by Article 43(3) of the Constitution.
(2) Without prejudice to the generality...
Section 13 - Right to basic education
(1) Every child has the right to free and compulsory basic education inaccordance with Article 53(1)(b) of the Constitution.
(2) It shall be the responsibility of every parent or guardian to present...
Section 14 - Right to leisure, recreation and play
(1) In addition to the right to basic education guaranteed under section 13,every child shall be entitled to leisure, play and participation in non-harmful cultural and artistic activities.
(2) It...
Section 15 - Religion and religious education
(1) Every child shall have the right to freedom of thought, conscience, religionand religious education subject to appropriate parental guidance, and in the best interest of the child.
(2) The...
Section 16 - Right to healthcare
(1) Every child shall have the right to the highest attainable standard of healthcare services in accordance with Article 43 of the Constitution:
Provided that the provisions of reproductive health...
Section 17 - Right to inheritance
(1) Every child shall have the right to inherit property in accordance with the Law of Succession Act (Cap. 160).
(2) Subject to the Law of Succession Act (Cap. 160)â
(a) every child shall be...
Section 18 - Protection from child labour
(1) No person shall subject a child to child labour, domestic servitude, economic exploitation or any work or employment which is hazardous, interferes with the childâs education or is likely to be...
Section 19 - Protection from armed conflicts
(1) No person shall subject a child to hostilities, social strife or recruitment inarmed conflict, whether internal or cross border.
(2) In situations of armed conflict, the state shall establish...
Section 20 - Rights of children with disabilities
(1) A child with disability shall, in addition to the rights guaranteed underthe Constitution, have the right to be treated with dignity, and to be accorded appropriate medical treatment, special...
Section 21 - Rights of intersex children
An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in...
Section 22 - Protection from abuse, etc.
(1) No person shall subject a child toâ(a) psychological abuse; or (b) child abuse.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to...
Section 25 - Right to freedom from torture etc.
(1) Every child has the right to freedom from torture and cruel, inhumanor degrading treatment or punishment as provided under Article 25 (a) of the Constitution.
(2) The assignment of any task or...
Section 27 - Privacy
hisor her privacy, family or private affairs, or correspondence, or to attacks upon his or her honour or reputation.
(2) Without prejudice to the generality of subsection (1), parents or...
Section 31 - Equal parental responsibility
(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the childâs property...
Section 32 - Equal parental responsibility
(1) Subject to the provisions of this Act, the parents of a child shall have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a...
Section 33 - Parental responsibility agreement
(1) Parents of a child and who are not married to each other may enter into a parental responsibility agreement, in the prescribed form, whereby both, in the best interests of the child, designate and...
Section 36 - Regulations and guidelines
The Cabinet Secretary shall prescribe regulations to give effect to this Part and, in particular, to guide the formulation and implementation of programmes and actions to promote the preservation and...
Section 38 - Functions of the Secretary
The Secretary shallâ
(a) regulate, coordinate, manage, and supervise childrenâs officers in delivery of the welfare and administration of children services;
(b) be responsible for establishing,...
Section 39 - Powers of the Secretary
(1) The Secretary shall have the power to do all such acts as the Secretarymay deem to be necessary to carry out the functions of the Secretary and may appoint, assign or delegate a function to an...
Section 42 - Functions of the Council
The National Council for Children Services shallâ
(a) be the central authority for the purposes of the Hague Convention on
Inter-Country Adoptions;
(b) advise the Cabinet Secretary on matters...
Section 43 - Composition of the Council
(1) The Council shall consist ofâ
(a) a Chairperson appointed by the President;
(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to children services...
Section 44 - Term of Office.
(1) The Members of the Council appointed under section 43 (1) (a), (e) and (f) shall hold office for term of three years, and shall be eligible for reappointment for one further term of three...
Section 47 - Committees of the Council
(1) The Council may, from time to time, establish committees for the bettercarrying out of its functions.
(2) The Council may engage such experts or consultants as the Council may consider necessary...
Section 48 - Staff of the Council
(1) There shall be a Chief Executive Officer of the Council who shall be competitively recruited and appointed by the Council and whose terms and conditions of service shall be determined by the...
Section 49 - The common seal of the Council
(1) The seal of the Council shall be such device as may be determined by theCouncil and shall be kept in the custody of the Chief Executive Officer, and shall not be used except on the order of the...
Section 50 - Protection from personal liability
(1) A matter or thing done by a member of the Council or any officer, staff oragent of the Council shall not render such member, officer, staff or agent personally liable for any action, claim or...
Section 51 - Proceedings against the Council
(1) Any proceedings against the Council shall be deemed to be proceedingsagainst the national government, and shall be subject to the Government Proceedings Act (Cap. 40) and the Public Authorities...
Section 52 - Powers of the Council
The Council shall, for the purpose of carrying out its functions, have power to do all such acts and things as appear to it to be requisite, advantageous or convenient for or in connection with the...
Section 54 - County Children Advisory Committees
(1) The Council may, for the better performance of its functions, establish such County Children Advisory Committees as it may deem necessary for the proper discharge of its functions at the County...
Section 56 - Funds of the Council
(1) The funds of the Council shall consist ofâ
(a) monies appropriated by Parliament for purposes of the Council;
(b) grants, gifts, donations or other endowments given to the Council; and
(c) such...
Section 57 - Annual estimates
(1) Before the commencement of each financial year, the Council shall cause tobe prepared estimates of the revenue and expenditure of the Council for that year.
(2) The annual estimates of the...