Act and Laws in Kenya

(1) A person under the age of twelve years shall not be criminally responsiblefor any act or omission. (2) A child who commits an offence while under the age of fourteen years shallbe presumed not to be capable of differentiating between right and wrong, unless the Court is satisfied on evidence to...

(1) Every child shall be afforded an opportunity to be heard in proceedings affecting the child, either directly or through a representative. (2) Pursuant to the provisions of Article 50 of the Constitution, every child is entitled to the right to a fair trial, which shall include the presumption...

(1) Institutionalization and detention of children in conflict with the law pending trial shall be used as a means of last resort, and detention pending trial shall, as far as is reasonably practicable, be replaced by alternative measures, such as placement with a family or in an educational setting...

A child in conflict with the law may be subjected to either of the following processes— (a) diversion in accordance with this Act; or (b) judicial process in accordance with the Criminal Procedure Code, subject to the provisions of this Part.

(1) Every court in dealing with a child who is brought before it shall have regardto the best interests of the child and shall, in a proper case take steps for removing him or her from undesirable surroundings and for securing that proper provision may be made for his or her maintenance, education...

The objects of diversion shall be to— (a) make use of alternative methods of holding children accountable for their unlawful acts or omissions resulting in harm to other persons; (b) promote the rehabilitation of the child, and re- integration of the child into the family and...

(1) Notwithstanding any provision of this Act or any other written law, any authorised officer or judicial officer dealing with any matter in which a child is suspected of, or charged with, the commission of an offence shall, where the child is eligible for diversion under this Act, in the first...

(1) A preliminary inquiry shall be held in respect of every child prior to plea in accordance with rules made under this section, except where the child is below the age of twelve years, or the matter has been withdrawn. (2) A child's appearance at a preliminary inquiry shall be regarded as his or...

If the age of a child is uncertain, the magistrate shall estimate the child’s age based on— (a) a previous determination of age by a magistrate under this Act or any other written law; (b) statements made by a parent, guardian or any other person likely to have direct knowledge of the age of the...

(1) The Magistrate conducting the preliminary inquiry contemplated undersection 228 may apply any of the diversion options under this section to a child who is eligible for diversion. (2) There shall be three levels of diversion ranging from the lowest to the highest option as follows— (a) level...

Upon ordering diversion, the magistrate conducting the inquiry or proceedings shall identify a children’s officer, a probation officer, or any other suitable person to monitor the child's compliance with the identified diversion option.

(1) If a child has been referred to appear at a family group conference, a children officer appointed by the magistrate conducting the inquiry shall, within at least fourteen days, but not more than twenty-one days after such referral, convene the conference by— (a) setting the time and place of...

The Children’s Court shall at the commencement of the proceedings in court, inform the child in a language that the child understands of— (a) the right to remain silent; (b) the right to have a parent, guardian, close relative or probation officer present at the proceedings; (c) the right to legal...

The Chief Justice shall make Court rules of practice and procedure in diversion.

Every child accused of having violated any rule of law shall— (a) be promptly and directly informed of the charges against him or her; (b) be provided by the state with legal assistance in the preparation and presentation of his or her defence; (c) have the matter determined without...

(1) In dealing with a child brought before it, the Court shall have regard to thebest interest of the child, and shall take appropriate steps to remove the child from any undesirable surroundings, and to ensure that proper provision has been made for the child’s maintenance, education and...

(1) The words "conviction" and "sentence" shall not be used in relation to achild being dealt with by the Children’s Court. (2) Without prejudice to the generality of subsection (1), any reference in any written law to a person convicted, a conviction or a sentence shall, in the case of a child, be...

(1) No court shall order the imprisonment of a child. (2) Notwithstanding the nature of any offence punishable by death, no courtshall impose the death penalty on a child on a finding of guilty for such an offence. (3) A Children’s Court shall not make any order to send a child under the ageof...

(1) Where a child is tried for an offence, and the Court is satisfied as to their guilt, the Court may deal with the case in one or more of the following ways— (a) discharge the child under section 35(1) of the Penal Code (Cap. 63); (b) discharge the child on his or her entering into a...

If it appears to the Court on the evidence of a medical practitioner or professional counsellor that a child requires, or may benefit from, mental treatment or professional counselling, the Court may, when making a probation order against him, require that the child undergoes mental treatment or...

(1) In any case where a child is charged with an offence for which a fine, compensation or costs may be imposed, and the Court is of the considered view that the case would best be met by imposition of a fine, compensation or costs, whether with or without any other punishment, the Court shall order...

A special police unit shall be designated by the Inspector General to— (a) deal with children matters; (b) prevent and control child offences; (c) apprehend child offenders; (d) investigate child offences; and (e) perform such other functions as may be referred to the unit by this Act or by...

The Chief Justice may make rules of court directing the manner in which proceedings in respect of a child accused of having infringed any law shall be conducted.

(1) A person aggrieved by any act of the Secretary or an authorised officerin exercise of powers conferred by this Act may appeal to the Cabinet Secretary within fourteen days. (2) An appeal under subsection (1) shall be made in the prescribed form. (3) The Cabinet Secretary shall make regulations...

The Council shall develop a code of conduct for its members and staff.

A person convicted of an offence under this Act for which no other penalty is prescribed shall be liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding two hundred thousand shillings, or to both.

Subject to the provisions of this Act, the Cabinet Secretary may make regulations— (a) to prescribe anything that may be prescribed under this Act; or (b) generally for the better carrying out of the provisions of this Act.

(1) There shall be paid out of moneys provided by Parliament and County governments— (a) such sums on such conditions as the Cabinet Secretary may prescribe towards— (i) the expenses incurred by rehabilitation schools, child rescue centres, child protection centres and children’s remand homes;...

(1) The Children Act (No. 8 of 2001) is repealed. (2) Without prejudice to the generality of the application of section 3 of the Interpretation and General Provisions Act (Cap. 2), the transitional provisions set out in the Seventh Schedule shall have effect upon the commencement of this Act.

This Act may be cited as the Sexual Offences Act, 2006.