Section 70 of The Children Act CAP 141: Criteria for approval of programmes

(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,...

A Children’s Court shall have a setting that is friendly to the children who are before it.

(1) A Children’s Court shall sit at such times and in such locations as the Chief Justice may, by notice in the Gazette, determine. (2) Without prejudice to the generality of subsection (1), a...

Where in any proceedings relating to an offence against or by a child, of a sexual nature, a person who, in the opinion of the Court, is under the age of eighteen years is called as a witness, the...

(1) Subject to subsection (4), where the Court is considering whether or not to make an order under this Act with respect to a child, the Court shall not make any order unless it considers that doing...

(1) Where a child who has not attained the age of sixteen is a complainant oris otherwise brought before a children’s Court in proceedings under this Act or any other written law, the Court shall,...

(1) When considering any question with respect to a child under this Act, theCourt may summon and direct any person to prepare and present to it a report or statement containing such information in...

A court before which a child is brought, and especially where that child is not represented by an advocate, may appoint guardian ad litem for the purposes of the proceedings in question and to...

Unless otherwise provided under this Act, in any civil or criminal proceedings in a Children’s Court, an appeal shall lie— (a) in the first instance, to the High Court on points of fact and law;...

The Chief Justice shall make Rules to give effect to this Part.

(1) Where a person who does not have the legal custody of a child is entrustedwith the care and control of the child, the person is under a duty to safeguard the interests and welfare of the...

(1) A Court may, on the application of one or more persons qualified under subsection (3), make an order vesting the legal custody of a child in the applicant or applicants. (2) An order under...

(1) In determining whether or not a custody order should be made in favour of an applicant, the Court shall have regard to— (a) the conduct and wishes of the parent or guardian of the child; (b) the...

(1) Where an application for a custody order in respect of a child made by theperson with whom the child has, at the time the application is made, had his home for a period, whether continuous or not,...

(1) A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and...

If two persons have parental rights or duty vested in them jointly under a custody order, but cannot agree on its exercise or performance, either person may apply to the Court, and the Court may make...

(1) A Court may, on application in the prescribed form, revoke a custody order: Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or...

(1) The Court shall have power to make interim custody orders and may fromtime to time review, suspend or vary such orders. (2) The Court shall not make an interim custody order under sub-section (1)...

An agreement made between the parents of a child shall not be invalid by reason only that it provides that the father shall give legal or actual custody of the child to the mother or vice...

Unless the Court otherwise directs, and subject to any financial contribution ordered by the Court to be made by any other person, the following presumptions shall apply with regard to the maintenance...

(1) A parent, guardian or custodian of a child, or an authorised officer, may apply to the Court to determine any matter relating to the maintenance of the child and to make a maintenance...

The Court may make a maintenance order, whether or not proceedings for nullity, judicial separation, divorce or any other matrimonial proceedings have been filed by a parent of a child, or during...

The Court may order the person against whom a maintenance order is made to make a financial provision for the child by— (a) periodic payments; or (b) such lump sum payment, as the Court shall deem...

(1) The Court may make a maintenance order in respect of a child, including a child of the other parent who has been accepted as a child of the family notwithstanding the absence of an adoption...

(1) When a maintenance order is issued pursuant to this Part, the Court may, at the time of making the order, or from time to time thereafter, on being satisfied that the person in whose favour the...

(1) A maintenance order requiring financial provision to be made through periodic payments shall commence on the date of the application, or on such later date as the Court may direct. (2) An order...

(1) A Court may make an interim maintenance order, on the ex–parte application of any person and in so doing, may dispense with any notice required to be given to any person, if the Court is satisfied...

A Court may make an order and give directions regarding any aspect of the maintenance of a child including matters relating to the provision of education, medical care, housing and clothing for the...

In relation to an order made under section 116, the Court may— (a) impose such conditions as the Court deems fit; (b) vary, modify or discharge any order made under section 116 with respect to...

Where the parents, guardians or custodians of a child enter into an agreement, whether orally or in writing, in respect of the maintenance of the child, the Court may, upon application, vary the terms...