KENYAN LEGISLATION

Acts and laws in Kenya

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Section 42 of The Children Act CAP 141: Functions of the Council

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 agencies…

Section 43 of The Children Act CAP 141: Composition of the Council

(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 to…

Section 44 of The Children Act CAP 141: Term of Office.

(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.

Section 47 of The Children Act CAP 141: Committees of the Council

(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.

Section 48 of The Children Act CAP 141: Staff of the Council

(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 appoin…

Section 49 of The Children Act CAP 141: The common seal of the Council

(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 Executive…

Section 50 of The Children Act CAP 141: Protection from personal liability

(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 du…

Section 51 of The Children Act CAP 141: Proceedings against the Council

(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 contempla…

Section 52 of The Children Act CAP 141: Powers of the Council

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 activitie…

Section 54 of The Children Act CAP 141: County Children Advisory Committees

(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 t…

Section 56 of The Children Act CAP 141: Funds of the Council

(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 an…

Section 57 of The Children Act CAP 141: Annual estimates

(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 concern…

Section 59 of The Children Act CAP 141: Accounts and Audit

(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 res…

Section 60 of The Children Act CAP 141: Annual Reports of the Council

(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 mandate…

Section 61 of The Children Act CAP 141: The Role of County governments

(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 sha…

Section 65 of The Children Act CAP 141: Charitable Children’s Institutions

(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 mini…

Section 69 of The Children Act CAP 141: Change of user of institutions

(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 C…