Section 41 of The Children Act CAP 141: Establishment of National Council for Children’s Services

The National Council for Children Services shall— (a) be the central authority for the purposes of the Hague Convention on Inter-Country Adoptions; (b) advise the Cabinet Secretary on matters...

(1) The Council shall consist of— (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...

(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...

(1) The office of the Chairperson or member of the Council shall become vacantif the holder— (a) dies; (b) resigns from office by notice in writing addressed to the respective appointing Authority...

The Council shall pay its members such remuneration or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine.

(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...

(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...

(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...

(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...

(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...

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...

The Council may, with the approval of the Cabinet Secretary, make regulations for the effective discharge of its functions.

(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...

(1) The Council shall establish, in relation to every sub-county, subcounty children advisory committees, whose functions shall be to advice the County Children Advisory Committees on, and make...

(1) The funds of the Council shall consist of— (a) monies appropriated by Parliament for purposes of the Council; (b) grants, gifts, donations or other endowments given to the Council; and (c) such...

(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...

The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

(1) The Council shall cause to be kept all proper books and records of accountof the income, expenditure, assets and liabilities of the Council. (2) Within a period of three months after the end of...

(1) The Council shall, in each financial year, prepare and submit to the Cabinet Secretary its annual report containing— (a) the financial statements of the Council; (b) a description of the...

(1) In the discharge of the functions specified in Part II of the Fourth Scheduleto the Constitution, every county government shall— (a) provide or facilitate the provision of pre- primary education;...

A county government may, either by itself or jointly with other county governments, and in consultation with the Council, establish welfare schemes to provide or facilitate the provision of childcare...

(1) The Cabinet Secretary shall, in consultation with the Council and by notice in the Gazette, establish children rescue centres in every county for the temporary care of children in need of care and...

(1) The Inspector-General shall establish child protection units in every policestation for the purposes of providing, on a temporary basis, a safe and nonthreatening environment for children in...

(1) No person shall register or operate a Charitable Children’s Institution except as provided in law. (2) The Council shall— (a) keep and maintain a register of all Charitable Children’s...

(1) A person operating a Charitable Children’s Institution shall appoint or designate− (a) a duly qualified person as the manager of the institution; and (b) a sufficient number of staff or other...

(1) The main objective for the establishment of charitable children’s institution shall be to provide family- based care for all children in accordance with the national policy for the promotion and...

(1) For the purposes of this Act, a "Charitable Children Institution" does notinclude— (a) a rehabilitation school established by the Cabinet Secretary under section 78; (b) a children’s rescue...

(1) Any registered Charitable Children’s Institution may change user of theinstitution by making an application to the Council for approval of the proposed change at least six months prior to the date...

(1) A Charitable Children’s Institution shall not administer any child welfareprogramme under this Act without the prior written approval of the Council. (2) The Council shall make regulations...

(1) A Charitable Children’s Institution may admit a child to its care only if— (a) in an emergency situation, the child is referred to the institution by way of an interim care order or a care order;...

(1) The Secretary shall establish appropriate mechanisms to facilitate theeffective periodic monitoring of the wellbeing of every child admitted into a charitable children’s institution,...

(1) The Secretary shall authorise an authorised officer to inspect a charitable children’s institution or any other premises which he or she has cause to believe are being used to accommodate children...

(1) A duly registered public benefit organisation or charitable children’s institution which intends to implement a child welfare programme shall notify the Council and provide full information...

(1) The County Children Advisory Committee shall, at the end of twelve months from the date of approval of a Child Welfare Programme, and thereafter annually, review the programme and advise the...

(1) Without prejudice to the generality of section 73, the Council may, on there commendation of the County Children Advisory Committee, deregister and direct the termination of a Child Welfare...

(1) The Cabinet Secretary may, by notice in the Gazette, establish such children’s remand homes as the Cabinet Secretary considers necessary for the accommodation, care and protection of children in...

(1) The Cabinet Secretary may, by notice in the Gazette, establish such number of rehabilitation schools as the Cabinet Secretary may consider necessary to provide rehabilitation, accommodation,...

(1) There shall be separate rehabilitation school classified for children in conflictwith the law in accordance with the needs and risks of different sexes and age categories. (2) Every...

The manager of a rehabilitation school shall admit into the school every child who is duly placed or transferred to the school or otherwise committed to the manager’s care, unless— (a) the school is...

The manager of a rehabilitation school may, with the authority of the Secretary, grant leave of absence to any child accommodated in that rehabilitation school for such period and on such conditions...

(1) If at any time during the period of a child’s placement at a rehabilitation school the Secretary is satisfied that such child should not remain in the school under a committal order for the time...

(1) The Secretary may through a court order, at any time cause a child to betransferred from one rehabilitation school to another, but the period of his or her rehabilitative care shall not be...

(1) Where the Secretary observes that a child committed to a rehabilitation school persistently absconds, is of difficult character, or is exercising inappropriate influence on the other children in...

(1) Where a child detained in a remand home or rehabilitation school is seriously ill and in need of medical care, the manager shall facilitate the removal of the child to an appropriate health...

(1) The order committing a child to custody in a children’s remand home orordering him to be sent to a rehabilitation school shall be sufficient authority for his confinement in that place in...

(1) The Secretary shall be responsible for the supervision of all rescue centres, child protection centres, charitable children’s institutions, remand homes and rehabilitation schools. (2) In the...

(1) The Cabinet Secretary shall appoint an inspection committee to inspect any rescue centre, child protection centre, charitable children’s institution, remand home or rehabilitation school or a...

The Cabinet Secretary may, on the recommendation of the Council, make regulations for the better carrying out of the provisions of this Part and, in particular, such regulations shall make provision...

(1) The Chief Justice may, by notice in the Gazette, designate children’s courts in such counties and sub counties as the Chief Justice may determine. (2) The Chief Justice may, by notice in the...

(1) Without prejudice to the generality of section 90(1), the children’s Court shall have jurisdiction to— (a) conduct civil proceedings on matters set out under Parts III, VII, VIII, IX, X, XI,...