Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) Notwithstanding sections 8 and 9, differential treatment of a child whichis intended to protect the best interest of the child shall not be deemed to be discrimination against the child. (2) No differential treatment shall limit any rights of the child under this Act or under the Constitution.
(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 that…
(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 i…
(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 insti…
(1) In addition to the right to basic education guaranteed under section 13,every child shall be entitled to leisure, play and participation in non-harmful cultural and artistic activities. (2) It shall be the responsibility of the government and of every parent or guardian to permit and facilitate…
(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 hinder…
(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 pr…
(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 disinheri…
(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 o…
(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 Constitut…
(1) A child with disability shall, in addition to the rights guaranteed underthe Constitution, have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education and training free of charge. (2) In addition to the right under subsection (1), a child…
An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.
(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 both. (…
(1) No person shall subject a child to— (a) in the case of a male child, forced circumcision; (b) female genital mutilation; (c) child marriage; (d) virginity testing; (e) girl child beading; (f) except with the advice of a medical geneticist, organ change or removal in case of an intersex child; or…
(1) No person shall subject a child to— (a) the use of hallucinogens, narcotics, alcohol, tobacco products, glue, psychotropic drugs or any other drugs that may be declared harmful by the Cabinet Secretary responsible for matters relating to health; or (b) involvement in the production, trafficking,…
(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…
(1) A child shall not be deprived of his or her liberty or otherwise treated in a manner contrary to Articles 29 (f) and 51 of the Constitution, except in accordance with the Persons Deprived of Liberty Act (Cap. 90A). (2) Children deprived of liberty, detained or held in custody or committed to an…
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 children. (3) Th…
(1) Every child has the right, peaceably and unarmed, to assemble, demonstrate or present petitions to public authorities, and to freely participate in matters affecting children through lawfully established forums, associations, and assemblies at the national and county levels. (2) The right of a c…
(1) Any person may institute court proceedings claiming that any right or fundamental freedom of the child protected under this Part has been denied, violated or infringed, or is threatened. (2) Without prejudice to the generality of subsection (1), court proceedings maybe instituted by— (a) a paren…
In the applications of the provisions of this Act and in any matter before a court of law concerning a child, due regard shall be had to the duties and responsibilities of a child to— (a) work for the cohesion of the family; (b) respect his parents, superiors and elders at all times and assist them…
(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child. (2) The duties referred to in subse…
(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)…
(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, shal…
(1) Parental responsibility in respect of a child may be extended by an order of 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 welf…
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 Servic…
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 every…
(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 power…