The Children Act Cap 141 in Kenya

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.

(1) Where a person who does not have the legal custody of a child is entrustedwith the care and control of the child, the person is under a duty to safeguard the interests and welfare of the child. (2) Where a person, not having legal custody of a child, has actual custody ofthe child, the person...

(1) A Court may, on the application of one or more persons qualified under subsection (3), make an order vesting the legal custody of a child in the applicant or applicants. (2) An order under subsection (1) may be referred to as a custody order, and the person to whom legal custody of the child is...

(1) In determining whether or not a custody order should be made in favour of an applicant, the Court shall have regard to— (a) the conduct and wishes of the parent or guardian of the child; (b) the ascertainable wishes of the relatives of the child; (c) the ascertainable wishes of the child...

(1) Where an application for a custody order in respect of a child made by theperson with whom the child has, at the time the application is made, had his home for a period, whether continuous or not, of three years, no person shall be entitled, against the will of the applicant, to remove the child...

(1) A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and where the child has been removed from the jurisdiction of the Court or the Republic of Kenya, make a...

If two persons have parental rights or duty vested in them jointly under a custody order, but cannot agree on its exercise or performance, either person may apply to the Court, and the Court may make such orders regarding the exercise of the right or performance of the duty on such terms as the...

(1) A Court may, on application in the prescribed form, revoke a custody order: Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or give an appropriate order pursuant to section 135. (2) The Court shall not proceed to hear an...

(1) The Court shall have power to make interim custody orders and may fromtime to time review, suspend or vary such orders. (2) The Court shall not make an interim custody order under sub-section (1) for a period exceeding twelve months.

An agreement made between the parents of a child shall not be invalid by reason only that it provides that the father shall give legal or actual custody of the child to the mother or vice versa: Provided that the Court shall not enforce any such agreement if the Court is of the opinion that it is...

Unless the Court otherwise directs, and subject to any financial contribution ordered by the Court to be made by any other person, the following presumptions shall apply with regard to the maintenance of a child— (a) it shall be the joint duty and responsibility of both parents to maintain the...

(1) A parent, guardian or custodian of a child, or an authorised officer, may apply to the Court to determine any matter relating to the maintenance of the child and to make a maintenance order: Provided that on the making, varying, or discharging of a residence, guardianship or custody order, the...

The Court may make a maintenance order, whether or not proceedings for nullity, judicial separation, divorce or any other matrimonial proceedings have been filed by a parent of a child, or during proceedings or after a final decree is made in such proceedings: Provided that, once the proceedings...

The Court may order the person against whom a maintenance order is made to make a financial provision for the child by— (a) periodic payments; or (b) such lump sum payment, as the Court shall deem fit, to the person in whose favour the order is made, or to any other person appointed by the...

(1) The Court may make a maintenance order in respect of a child, including a child of the other parent who has been accepted as a child of the family notwithstanding the absence of an adoption order. (2) Without prejudice to the generality of subsection (1), the Court shall consider all the...

(1) When a maintenance order is issued pursuant to this Part, the Court may, at the time of making the order, or from time to time thereafter, on being satisfied that the person in whose favour the order is made— (a) is not a fit person to receive any maintenance monies specified in the order in...

(1) A maintenance order requiring financial provision to be made through periodic payments shall commence on the date of the application, or on such later date as the Court may direct. (2) An order under subsection (1) shall remain in force until the child’s eighteenth birthday subject to the...

(1) A Court may make an interim maintenance order, on the ex–parte application of any person and in so doing, may dispense with any notice required to be given to any person, if the Court is satisfied that it is in the best interests of the child to do so. (2) The interim order issued under...

A Court may make an order and give directions regarding any aspect of the maintenance of a child including matters relating to the provision of education, medical care, housing and clothing for the child; and in that behalf, make an order for financial provisions for the child.

In relation to an order made under section 116, the Court may— (a) impose such conditions as the Court deems fit; (b) vary, modify or discharge any order made under section 116 with respect to making of any financial provision, by altering the schedule of payments or by increasing or diminishing...

Where the parents, guardians or custodians of a child enter into an agreement, whether orally or in writing, in respect of the maintenance of the child, the Court may, upon application, vary the terms of the agreement if the Court is satisfied that such variation is reasonable and in the best...

(1) Any person, including a child in whose favour a maintenance order has been made pursuant to section 111, may apply to the Court for the enforcement of the order and recovery of any sums due and payable thereunder if— (a) the person against whom the maintenance order was made has failed to...