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Section 31 of The Children Act CAP 141: 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 in a manner consistent with the evolving capacities of the child.
(2) The duties referred to in subsection (1) include, but are not limited to—
(a) the duty to maintain the child and, in particular, to provide the child with—
(i) basic nutrition;
(ii) shelter;
(iii) water and sanitation facilities;
(iv) clothing;
(v) medical care, including immunization;
(vi) basic education; and
(vii) general guidance, social conduct and moral values;
(b) the duty to protect the child from neglect, abuse, discrimination or other differential treatment; (c) the duty to—
(i) provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child;
(ii) determine the name of the child;
(iii) procure registration of the birth of his or her child;
(iv) appoint a legal guardian in respect of the child;
(v) receive, recover and otherwise deal with the property of the child for the benefit, and in the best interests, of the child;
(vi) facilitate or restrict the migration of the child from or within Kenya;
(vii) upon the death of the child, to arrange for the burial, cremation of the child or any other acceptable method of interment; and
(d) the duty to ensure that, during the temporary absence of the parent or guardian, the child shall be committed to the care of a fit person.
(3) Whether or not a person has parental responsibility over a child shall not affect—
(a) any obligation which such person may have in relation to the child, such as a statutory duty to maintain the child; or
(b) any rights which, in the event of the child’s death, such person may have in relation to the administration of the child’s estate in accordance with the Law of Succession Act (Cap. 160).
(4) A person who does not have parental responsibility over a particular child, but has care and control over the child, may, subject to the provisions of this Act, do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.
(5) The Cabinet Secretary may make regulations to give effect to the provisions of this section.

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

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