Act and Laws in Kenya

(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; or (b) the child is taken to the institution by an authorised officer or any person who has...

(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, until— (a) the child is discharged therefrom; or (b) the expiry of a care order made in respect of the...

(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 who are in need of care and protection. (2) Any authorised officer acting pursuant to subsection...

(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 on— (a) the mode of operation of the proposed programme; and (b) the specific objects of the...

(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 Council on whether the programme is operating according to the standards prescribed by 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 Programme in the respective county on the grounds that— (a) the programme is unfit for the care,...

(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 conflict with the law, and the Cabinet Secretary shall facilitate the provision in such homes...

(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, education, training and facilities for the care and protection of children. (2) Subject to subsection...

(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 rehabilitation school shall have—(a) separate sections for children of different sex; (b) separate sections for...

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 an institution for persons of a different sex and age from that of the child whom it is proposed to...

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 as the manager may consider fit, and may at any time terminate such leave and direct the child to...

(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 being in force, the Secretary may apply to the Children’s Court for revocation of the Committal...

(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 increased by reason of such transfer. (2) A child committed to a rehabilitation school shall, after the...

(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 the school, the Secretary may apply to the Court having geographical jurisdiction over the school for...

(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 facility on the advice of a psychologist, medical officer or medical practitioner. (2) If the medical...

(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 accordance with the tenure thereof, or in a health institution in accordance with section 85. (2) A child...

(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 discharge of the Secretary’s supervisory responsibilities under this section, the Secretary shall...

(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 borstal institution. (2) The committee appointed under subsection (1) shall be comprised of not more...

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 for— (a) the establishment, administration and supervision of children institutions; (b) the...

(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 gazette, appoint a magistrate topreside over cases involving children in respect of any area of 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, XIII, XIV and XV of this Act; (b) hear any charge against a child, other than a charge of...

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 children’s Court shall not sit at the same time, or in the same Courtroom at which the sittings of the...

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 Court shall direct that such witness be protected by one or more of the following...

(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 so is in the best interest of the child. (2) Where the Court is considering whether or not to make...

(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, where the child is unrepresented, order that the child be granted legal representation in accordance...

(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 respect of a child as the Court may direct. (2) Without prejudice to the provisions in this Act or...

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 safeguard the interests of the child.

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; and (b) in the second instance, to the Court of Appeal on points of law only.

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