Section 25 of The Children Act CAP 141: 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 infliction of punishment by way of penaltyfor any offence committed by a child under any law shall not be construed as a contravention of the right specified in subsection (1)
Provided that any such punishment shall be humane and preserve the child’s dignity, and be commensurate with the evolving capacity of the child.
(3) Any person who—
(a) unlawfully deprives a child of his or her liberty;
(b) subjects the child to—
(c) torture or other cruel and inhuman or degrading treatment, including corporal punishment,
(d) any cultural or religious practice which dehumanizes or is injurious to the physical, mental and emotional wellbeing of the child,
commits an offence and shall, on conviction, be liable to the offence under the Prevention of Torture Act (Cap. 88).
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- 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...
- Section 55 - Sub-County Children Advisory Committees
(1) The Council shall establish, in relation to every sub-county, subcounty children advisory committees, whose functions shall be to advice the County Children Advisory Committees on, and make...
- Section 56 - 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...
- Section 57 - 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...
- Section 58 - Financial year of the Council
The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.
- Section 59 - 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...
- Section 60 - 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...
- Section 61 - 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;...
- Section 62 - County government welfare schemes
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...
- Section 63 - Establishment of children rescue centres
(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...
- Section 64 - Establishment of child protection units
(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...
- Section 65 - 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...
- Section 66 - Manager and Staff of Charitable Children’s Institution
(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...
- Section 67 - Overriding objectives of charitable children’s institutions
(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...
- Section 68 - Certain institutions not deemed to be Charitable Children’s Institutions
(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...
- Section 69 - 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...
- Section 70 - Criteria for approval of programmes
(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...
- Section 71 - Placement of children in a charitable children’s institution
(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;...
- Section 72 - Secretary to monitor the well- being of children
(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,...
- Section 73 - Inspection of charitable children’s institutions
(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...
- Section 74 - Duty to notify the Council
(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...
- Section 75 - Review of child welfare programmes
(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...