The Children Act Cap 141 in Kenya

A county government may, either by itself or jointly with other county governments, and in consultation with the Council, establish welfare schemes to provide or facilitate the provision of childcare facilities and programmes for children including children with disabilities.

(1) The Cabinet Secretary shall, in consultation with the Council and by notice in the Gazette, establish children rescue centres in every county for the temporary care of children in need of care and protection pending placement in alternative care or other interventions under the Act. (2) A child...

(1) The Inspector-General shall establish child protection units in every policestation for the purposes of providing, on a temporary basis, a safe and nonthreatening environment for children in conflict with the law. (2) The Secretary may inspect children protection units established...

(1) No person shall register or operate a Charitable Children’s Institution except as provided in law. (2) The Council shall— (a) keep and maintain a register of all Charitable Children’s Institutions registered or approved by the Council prior to the commencement of this Act; (b) prescribe the...

(1) A person operating a Charitable Children’s Institution shall appoint or designate− (a) a duly qualified person as the manager of the institution; and (b) a sufficient number of staff or other appropriate personnel to assist in the administration of the institution. (2) A person is qualified...

(1) The main objective for the establishment of charitable children’s institution shall be to provide family- based care for all children in accordance with the national policy for the promotion and protection of the rights of the child. (2) The placement of a child in a Charitable Children’s...

(1) For the purposes of this Act, a "Charitable Children Institution" does notinclude— (a) a rehabilitation school established by the Cabinet Secretary under section 78; (b) a children’s rescue centre established by the Cabinet Secretary under section 63; (c) a school within the meaning of the...

(1) Any registered Charitable Children’s Institution may change user of theinstitution by making an application to the Council for approval of the proposed change at least six months prior to the date the proposed change is to take effect. (2) On receipt of an application under subsection (1), the...

(1) A Charitable Children’s Institution shall not administer any child welfareprogramme under this Act without the prior written approval of the Council. (2) The Council shall make regulations setting out the criteria for approval ofchild welfare programmes administered by charitable children’s...

(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...