Section 164 - Aiding escape, etc.
Any person who willfully and knowingly— (a) aids or induces a child—
(i) to run away from a fit person, a charitable children’s institution, children remand home or a rehabilitation institution or...
Section 165 - Production of escaped child
(1) If a Children’s Court is satisfied by information on oath that there arereasonable grounds for believing that a child has escaped or done any of the things specified in section 163, and that some...
Section 166 - Presumption and determination of age
(1) Where a person appears before any Court for the purpose of givingevidence, and it appears to the Court that the accused, the victim or complainant to whom the proceeding relates is under eighteen...
Section 168 - Inter-country reciprocity.
(1) The Cabinet Secretary may enter into an agreement with the government of any other country or territory on such terms and conditions as the Cabinet Secretary may think fit, under which a child who...
Section 169 - Bonds
The provisions of the Criminal Procedure Code with respect to bonds for good behaviour, including the provisions as to their enforcement, shall apply to bonds entered into under this Part.
Section 170 - Objectives of foster care placement
(1) The overriding objectives of foster care placement are—
(a) to protect and nurture children in need of care and protection by providing a safe, healthy environment with wholesome support;
(b) to...
Section 172 - Conditions for foster care placement
(1) For the purposes of this Part, a child may be placed under foster care either on the direct intervention of the Secretary or pursuant to an order of the Court, and such placement shall, in the...
Section 173 - Application for foster care
(1) Any person wishing to foster a child shall make an application to the Secretary in the prescribed form.
(2) On receipt of the application referred to in subsection (1), the Secretary shall...
Section 174 - Persons qualified to foster children
(1) Any of the following persons may apply to be appointed a foster parent or foster parents—
(a) spouses of a marriage where one or both the spouses are between twenty-five and sixty-five years of...
Section 175 - Conditions for foster care
The Secretary shall not authorize foster care placement of a child if it is shown to the satisfaction of the Secretary that the application has not been done following the procedure set out in rules...
Section 177 - Records of foster care placements
(1) A person shall not, for the purposes of fostering a child, retain in his care andcustody a child whose parent, custodian or guardian cannot be readily identified, without first notifying the...
Section 179 - Termination of foster care
(1) Any foster care placement made under this Part may be terminated on the written direction of the Secretary if the termination is, in the Secretary’s opinion, in the best interest of the...
Section 181 - Regulations
The Cabinet Secretary shall make regulations for the better carrying out of the provisions of this Part.
Section 182 - Rules
The Chief Justice may make court rules of procedure and practice in matters relating to foster care placement.
Section 183 - Power to make adoption orders
(1) Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a...
Section 184 - Pre-requisites for Adoption
(1) A person shall not commence any arrangements for the adoption of a child unless—
(a) the Council, in accordance with the rules, has declared the child free for adoption; and
(b) the child has...
Section 185 - Children who may be adopted
(1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya.
(2) Without prejudice to the generality of subsection (1), no Court may...
Section 186 - Who may apply to adopt a child
(1) The Court may make an adoption order on application by—
(a) a sole applicant; or
(b) two spouses jointly.
(2) The Court shall not make an adoption order in any case unless—
(a) the applicant...
Section 187 - Power to dispense with consent
(1) The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that—(a) in the case of the parent or guardian of the child, the parent...
Section 189 - Interim orders
(1) Where an application for an adoption order is pending in Court—
(a) any person who has consented to the adoption shall not be entitled, except with leave of the Court, to remove the child from...
Section 190 - Review of adoption
(1) A person who is a biological parent of a child in respect of whom an adoption order has been granted by a Court may apply to the Court for review of the order for adoption on grounds...
Section 191 - Inter-country adoptions
The Court may make an adoption order in respect of a child on the joint application of two spouses who are not citizens or residents of Kenya, in this Act referred to as an "inter-country adoption",...
Section 192 - Adoption by non-resident Kenyans
The requirements of section 191 shall apply to adoption by— (a) citizens of Kenya who are not ordinarily resident in Kenya;
(b) citizens of Kenya who have dual citizenship, but who are not ordinarily...
Section 193 - Kinship Adoption
(1) A kinship adoption order may only be made in favour of a relative of the child.
(2) The Cabinet Secretary may make regulations to give effect to this Part.
Section 198 - Appeals
Any person aggrieved by an order of the Court relating to an application for an adoption order, or an order relating to parental responsibility over a child made under this Part, may appeal to the...
Section 199 - Variation of orders
(1) The Court which makes an adoption order may, on the application of the adopter, vary the order to correct any defect in the particulars contained therein and direct that the varied order be lodged...
Section 200 - Adopted Children Register
(1) The Registrar shall maintain an Adopted Children Register and shall makesuch entries as the court may direct.
(2) A certified copy of an entry in the Adopted Children Register that is sealedor...
Section 201 - Registration of adoption orders
(1) Every adoption order made by the Court shall contain a direction to the Registrar to make an entry in the Adopted Children Register in the prescribed form.
(2) For the purposes of compliance with...
Section 207 - Effect of inter-country adoptions
(1) Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall...
Section 208 - Restriction on adoption arrangements
(1) No adoption agency, institution, individual or public officer may make or facilitate the making of any arrangements for the adoption of a child under this Act unless the agency or institution is...
Section 210 - Functions of adoption societies
The functions of an adoption society shall be—
(a) to make such inquiries and investigations, and to cause such reports as shall be prescribed or as the Court may direct, to be obtained for the...
Section 212 - Prohibition of certain payments
(1) Subject to subsection (2)—
(a) any adopter or any parent or guardian of a child who receives any payment or other reward in consideration of the adoption of a child under this Act; or
(b) any...
Section 213 - Restriction on advertisement
(1) A person shall not knowingly publish or cause to be advertised any matter indicating that—
(a) a parent or guardian of a child wishes to give up the child for adoption;
(b) a person wishes to...