Section 2 of The Children Act CAP 141: Interpretation
In this Act, unless the context otherwise requires—
"abandoned" in relation to a child, means a child—
(a) who has been deserted by the parent, guardian or caregiver; or
(b) whose parent, guardian or care giver has wilfully failed to make contact with the child for a period of more than six...
Section 3 of The Children Act CAP 141: Objects of the Act
The objectives of this Act are to—
(a) give effect to the provisions of Articles 27, 47, 48, 49, 50, 51 and 53 of the Constitution on matters relating to children; and
(b) give effect to the State’s obligations concerning the wellbeing of children in accordance with the general rules of...
Section 4 of The Children Act CAP 141: Conflict of laws
(1) This Act shall prevail in the case of any inconsistency between this Act andany other legislation on children matters.
(2) Despite subsection (1), a provision in another legislation on children mattersmay prevail if it offers a greater benefit in law to a child.
(3) A judicial or...
Section 7 of The Children Act CAP 141: Name and nationality
(1) Every child shall have a right to a name and nationality and, as far aspossible, the right to know and be cared for by their parents.
(2) Every child has the right to be registered in the Register of Birthsimmediately after birth in accordance with the Births and Deaths Registration Act (Cap....
Section 8 of The Children Act CAP 141: Best interests of the child
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies—
(a) the best interests of the child shall be the primary consideration;
(b) the best interests of the child shall include,...
Section 9 of The Children Act CAP 141: Non-discrimination
(1) No person shall discriminate against a child on the grounds of age, origin,sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection or any other...
Section 11 of The Children Act CAP 141: Right to parental care
(1) Every child has the right to parental care and protection.
(2) Except as is otherwise provided under this Act, every child has the right to live with his or her parents.
(3) Despite subsection (2), a child may be separated from his or her parents where the Court or the Secretary determines...
Section 12 of The Children Act CAP 141: Right to social security
(1) Every child whose parent or guardian is unable to maintain the child has the right to social security as guaranteed by Article 43(3) of the Constitution.
(2) Without prejudice to the generality of subsection (1), "social security "includes alternative care services provided under this Act, and...
Section 13 of The Children Act CAP 141: Right to basic education
(1) Every child has the right to free and compulsory basic education inaccordance with Article 53(1)(b) of the Constitution.
(2) It shall be the responsibility of every parent or guardian to present foradmission or cause to be admitted his or her child, as the case may be, to a basic education...
Section 15 of The Children Act CAP 141: Religion and religious education
(1) Every child shall have the right to freedom of thought, conscience, religionand religious education subject to appropriate parental guidance, and in the best interest of the child.
(2) The religious guidance and education provided to a child under this sectionshall not in any way limit or...
Section 16 of The Children Act CAP 141: Right to healthcare
(1) Every child shall have the right to the highest attainable standard of healthcare services in accordance with Article 43 of the Constitution:
Provided that the provisions of reproductive health services to children shall be subject to the express consent of the parent or guardian.
(2) Without...
Section 17 of The Children Act CAP 141: Right to inheritance
(1) Every child shall have the right to inherit property in accordance with the Law of Succession Act (Cap. 160).
(2) Subject to the Law of Succession Act (Cap. 160)—
(a) every child shall be entitled to equal treatment and protection, and to the benefit of the law; and
(b) no person shall...
Section 18 of The Children Act CAP 141: Protection from child labour
(1) No person shall subject a child to child labour, domestic servitude, economic exploitation or any work or employment which is hazardous, interferes with the child’s education or is likely to be harmful to the child’s health or physical, mental, moral or social development.
(2) For the purposes...
Section 19 of The Children Act CAP 141: Protection from armed conflicts
(1) No person shall subject a child to hostilities, social strife or recruitment inarmed conflict, whether internal or cross border.
(2) In situations of armed conflict, the state shall establish mechanisms forthe protection, care and respect of the rights of the child recognized under the...
Section 22 of The Children Act CAP 141: Protection from abuse, etc.
(1) No person shall subject a child to—(a) psychological abuse; or (b) child abuse.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding two million shillings, or to...
Section 25 of The Children Act CAP 141: Right to freedom from torture etc.
(1) Every child has the right to freedom from torture and cruel, inhumanor degrading treatment or punishment as provided under Article 25 (a) of the Constitution.
(2) The assignment of any task or infliction of punishment by way of penaltyfor any offence committed by a child under any law shall not...
Section 27 of The Children Act CAP 141: Privacy
hisor her privacy, family or private affairs, or correspondence, or to attacks upon his or her honour or reputation.
(2) Without prejudice to the generality of subsection (1), parents or legalguardians shall have the right to exercise reasonable supervision over the conduct of their...