The Children Act Cap 141 in Kenya

(1) Subject to the provisions of this Act, the parents of a child shall have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility whether or not...

(1) Parents of a child and who are not married to each other may enter into a parental responsibility agreement, in the prescribed form, whereby both, in the best interests of the child, designate and agree on clear individual responsibilities towards the child. (2) An agreement under subsection...

(1) On the death of the mother of the child, the father of the child, if still living, shall have parental responsibility for the child either alone or with the testamentary guardian (if any) appointed by the mother. (2) On the death of the father of a child, the mother of the child, if living,...

(1) Parental responsibility in respect of a child may be extended by an orderof the Court after the date on which the child attains the age of eighteen years if the Court is satisfied, either of its own motion or on application by any person, that special circumstances exist with regard to the...

The Cabinet Secretary shall prescribe regulations to give effect to this Part and, in particular, to guide the formulation and implementation of programmes and actions to promote the preservation and strengthening of families.

(1) There is established the Office of the Secretary of Children Services whichshall be an office in the public service. (2) The Secretary shall be recruited through a competitive process andappointed by the Public Service Commission. (3) A person may be appointed as the Secretary of Children...

The Secretary shall— (a) regulate, coordinate, manage, and supervise children’s officers in delivery of the welfare and administration of children services; (b) be responsible for establishing, administering and maintaining child protection centres, rehabilitation schools and a remand homes in...

(1) The Secretary shall have the power to do all such acts as the Secretarymay deem to be necessary to carry out the functions of the Secretary and may appoint, assign or delegate a function to an officer or a person to carry out a function assigned under this Act. (2) Without prejudice to the...

The Public Service Commission shall competitively recruit and appoint chief officers, children officers and such other officers as may be necessary to assist the Secretary in the performance of their duties under this Act.

(1) There is established a Council to be known as the National Council forChildren’s Services, which shall be a body corporate with perpetual succession and a common seal. (2) The Council shall be capable, in its corporate name, of— (a) suing and being sued; (b) taking, purchasing or otherwise...

The National Council for Children Services shall— (a) be the central authority for the purposes of the Hague Convention on Inter-Country Adoptions; (b) advise the Cabinet Secretary on matters relating to child protection; (c) collaborate with relevant state departments, state and non-state...

(1) The Council shall consist of— (a) a Chairperson appointed by the President; (b) the Principal Secretary in the Ministry for the time being responsible for matters relating to children services or a representative; (c) the Principal Secretary for the time being responsible for matters relating...

(1) The Members of the Council appointed under section 43 (1) (a), (e) and (f) shall hold office for term of three years, and shall be eligible for reappointment for one further term of three years. (2) The Members, other than the Chief Executive Office, shall serve on a parttime basis.

(1) The office of the Chairperson or member of the Council shall become vacantif the holder— (a) dies; (b) resigns from office by notice in writing addressed to the respective appointing Authority specified in section 41; or (c) is removed from office under any of the circumstances specified in...

The Council shall pay its members such remuneration or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine.

(1) The Council may, from time to time, establish committees for the bettercarrying out of its functions. (2) The Council may engage such experts or consultants as the Council may consider necessary for the effective discharge of its functions under this Act or any other written law.

(1) There shall be a Chief Executive Officer of the Council who shall be competitively recruited and appointed by the Council and whose terms and conditions of service shall be determined by the Council on advice of the Salaries and Remuneration Commission. (2) A person shall be qualified for...

(1) The seal of the Council shall be such device as may be determined by theCouncil and shall be kept in the custody of the Chief Executive Officer, and shall not be used except on the order of the Council. (2) The affixing of the seal shall be authenticated by the chairperson and theChief...

(1) A matter or thing done by a member of the Council or any officer, staff oragent of the Council shall not render such member, officer, staff or agent personally liable for any action, claim or demand whatsoever if the matter or thing is done in good faith for executing the functions, powers or...

(1) Any proceedings against the Council shall be deemed to be proceedingsagainst the national government, and shall be subject to the Government Proceedings Act (Cap. 40) and the Public Authorities Limitations Act (Cap. 39). (2) Any notice or other processes in respect of legal proceedings...

The Council shall, for the purpose of carrying out its functions, have power to do all such acts and things as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of its functions or incidental to their proper discharge, and may carry out any...

The Council may, with the approval of the Cabinet Secretary, make regulations for the effective discharge of its functions.

(1) The Council may, for the better performance of its functions, establish such County Children Advisory Committees as it may deem necessary for the proper discharge of its functions at the County level in accordance with this Act. (2) The County Children Advisory Committees shall be comprised of...

(1) The Council shall establish, in relation to every sub-county, subcounty children advisory committees, whose functions shall be to advice the County Children Advisory Committees on, and make recommendations for, the implementation of such child welfare programmes as may be necessary for the...

(1) The funds of the Council shall consist of— (a) monies appropriated by Parliament for purposes of the Council; (b) grants, gifts, donations or other endowments given to the Council; and (c) such funds as may vest in or accrue to the Council in the performance of its functions under this Act or...

(1) Before the commencement of each financial year, the Council shall cause tobe prepared estimates of the revenue and expenditure of the Council for that year. (2) The annual estimates of the Council shall make provision for all theestimated expenditure of the Council for the financial year...

The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.

(1) The Council shall cause to be kept all proper books and records of accountof the income, expenditure, assets and liabilities of the Council. (2) Within a period of three months after the end of each financial year, theCouncil shall submit to the Auditor-General the accounts of the Council in...

(1) The Council shall, in each financial year, prepare and submit to the Cabinet Secretary its annual report containing— (a) the financial statements of the Council; (b) a description of the activities of the Council; (c) recommendations on specific actions to be taken in, furtherance of the...

(1) In the discharge of the functions specified in Part II of the Fourth Scheduleto the Constitution, every county government shall— (a) provide or facilitate the provision of pre- primary education; and (b) provide or facilitate the provision of childcare facilities. (2) Every county government...