Section 4 of The Children Act CAP 141: Conflict of laws
(1) This Act shall prevail in the case of any inconsistency between this Act andany other legislation on children matters.
(2) Despite subsection (1), a provision in another legislation on children mattersmay prevail if it offers a greater benefit in law to a child.
(3) A judicial or administrative institution or any person making an interpretation as to conflict of any provision or laws shall have regard to the best interests of a child.
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- Section 5 - Realization of the rights of the child
(1) The State shall take measures to progressively achieve the full realizationof the rights of the child set out in this Part.
(2) The Cabinet Secretary shall ensure development, review...
- Section 6 - Survival and development of the child
(1) Every child shall have the right to life, survival, wellbeing, protection anddevelopment.
(2) For the purposes of subsection (1), no court shall pass a death sentencefor any offence committed by...
- Section 7 - Name and nationality
(1) Every child shall have a right to a name and nationality and, as far aspossible, the right to know and be cared for by their parents.
(2) Every child has the right to be registered in the...
- Section 8 - Best interests of the child
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies—
(a) the best interests of...
- Section 9 - Non-discrimination
(1) No person shall discriminate against a child on the grounds of age, origin,sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political,...
- Section 10 - Differential treatment not discriminatory
(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...
- Section 11 - Right to parental care
(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...
- Section 12 - Right to social security
(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...
- Section 13 - Right to basic education
(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...
- Section 14 - Right to leisure, recreation and play
(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...
- Section 15 - Religion and religious education
(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...
- Section 16 - Right to healthcare
(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...
- Section 17 - Right to inheritance
(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...
- Section 18 - Protection from child labour
(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...
- Section 19 - Protection from armed conflicts
(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...
- Section 20 - Rights of children with disabilities
(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...
- Section 21 - Rights of intersex children
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...
- Section 22 - Protection from abuse, etc.
(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...
- Section 23 - Protection from harmful cultural practices, etc.
(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...
- Section 24 - Protection from drugs and substance abuse
(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...
- Section 25 - Right to freedom from torture etc.
(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...
- Section 26 - Detention of children in conflict with the law
(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...
- Section 27 - Privacy
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...
- Section 28 - Right to assemble, demonstrate, petition and participate in public life
(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...
- Section 29 - Enforcement of rights under this Part
(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...
- Section 30 - Duties and responsibilities of a child
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...
- Section 31 - Equal parental responsibility
(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...
- Section 32 - Equal parental responsibility
(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...
- Section 33 - Parental responsibility agreement
(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...
- Section 34 - Transmission of parental responsibility
(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)...
- Section 35 - Extension of responsibility beyond eighteenth birthday
(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...
- Section 36 - Regulations and guidelines
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...
- Section 37 - Office of the Secretary of Children Services
(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...
- Section 38 - Functions of the Secretary
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,...
- Section 39 - Powers of the Secretary
(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...
- Section 40 - Appointment of chief officers, children officers and such other officers
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...
- Section 41 - Establishment of National Council for Children’s Services
(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...
- Section 42 - 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...
- Section 43 - 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...
- Section 44 - 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...
- Section 45 - Vacancy of office of chairperson and members
(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...
- Section 46 - Remuneration of members of the council
The Council shall pay its members such remuneration or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine.
- Section 47 - 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...
- Section 48 - 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...
- Section 49 - 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...
- Section 50 - 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...
- Section 51 - 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...
- Section 52 - 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...
- Section 53 - Regulations by the Council
The Council may, with the approval of the Cabinet Secretary, make regulations for the effective discharge of its functions.
- Section 54 - 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...