Section 29 of The Children Act CAP 141: 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 threatened.
(2) Without prejudice to the generality of subsection (1), court proceedings maybe instituted by—
(a) a parent or guardian acting in the interest of their child;
(b) a person acting on behalf of a parent or guardian who cannot act on behalf of their child or children;
(c) a person acting as a member of, or in the interest of, a group or class of children;
(d) a person acting in the public interest; or
(e) a duly registered association acting in the interest of one or more of its members, whose primary object is the promotion and protection of children’s rights.
(3) The High Court shall hear and determine an application under subsection(1), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Part.
(4) Any court cost under this section shall be kept at a minimum.
(5) The Chief Justice may make—
(a) rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it or under this section, including rules with respect to the time within which applications may be brought, and references shall be made to the High Court;
(b) rules for the enforcement of human rights and fundamental freedoms of the child; and
(c) practice guidelines for the Children’s Court.
(6) The Cabinet Secretary may make regulations for the better carrying into effect the provisions of this Part, including regulations for the effective implementation of alternative care arrangements.


Disclaimer: This document is not to be taken as legal advise.

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