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 Officer or any other person authorized in that behalf by a written resolution of the Council.
(3) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed and, unless the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.
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- 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...
- Section 76 - Deregistration of Child welfare programme
(1) Without prejudice to the generality of section 73, the Council may, on there commendation of the County Children Advisory Committee, deregister and direct the termination of a Child Welfare...
- Section 77 - Establishment of children’s remand homes
(1) The Cabinet Secretary may, by notice in the Gazette, establish such children’s remand homes as the Cabinet Secretary considers necessary for the accommodation, care and protection of children in...
- Section 78 - Establishment of rehabilitation schools
(1) The Cabinet Secretary may, by notice in the Gazette, establish such number of rehabilitation schools as the Cabinet Secretary may consider necessary to provide rehabilitation, accommodation,...
- Section 79 - Rehabilitation schools to establish separate sections
(1) There shall be separate rehabilitation school classified for children in conflictwith the law in accordance with the needs and risks of different sexes and age categories.
(2) Every...
- Section 80 - Managers to admit children into rehabilitation school
The manager of a rehabilitation school shall admit into the school every child who is duly placed or transferred to the school or otherwise committed to the manager’s care, unless—
(a) the school is...
- Section 81 - Leave of absence from school
The manager of a rehabilitation school may, with the authority of the Secretary, grant leave of absence to any child accommodated in that rehabilitation school for such period and on such conditions...
- Section 82 - Revocation of children’s committal order
(1) If at any time during the period of a child’s placement at a rehabilitation school the Secretary is satisfied that such child should not remain in the school under a committal order for the time...
- Section 83 - Transfers and supervision on release
(1) The Secretary may through a court order, at any time cause a child to betransferred from one rehabilitation school to another, but the period of his or her rehabilitative care shall not be...
- Section 84 - Absconding children and children of difficult character
(1) Where the Secretary observes that a child committed to a rehabilitation school persistently absconds, is of difficult character, or is exercising inappropriate influence on the other children in...
- Section 85 - Removal to health institution
(1) Where a child detained in a remand home or rehabilitation school is seriously ill and in need of medical care, the manager shall facilitate the removal of the child to an appropriate health...
- Section 86 - Authority to confine a child
(1) The order committing a child to custody in a children’s remand home orordering him to be sent to a rehabilitation school shall be sufficient authority for his confinement in that place in...
- Section 87 - Supervision of institutions
(1) The Secretary shall be responsible for the supervision of all rescue centres, child protection centres, charitable children’s institutions, remand homes and rehabilitation schools.
(2) In the...
- Section 88 - Inspection committees
(1) The Cabinet Secretary shall appoint an inspection committee to inspect any rescue centre, child protection centre, charitable children’s institution, remand home or rehabilitation school or a...
- Section 89 - Regulations
The Cabinet Secretary may, on the recommendation of the Council, make regulations for the better carrying out of the provisions of this Part and, in particular, such regulations shall make provision...
- Section 90 - Designation of the Children’s Court
(1) The Chief Justice may, by notice in the Gazette, designate children’s courts in such counties and sub counties as the Chief Justice may determine.
(2) The Chief Justice may, by notice in the...
- Section 91 - Jurisdiction of the Children’s Court
(1) Without prejudice to the generality of section 90(1), the children’s Court shall have jurisdiction to—
(a) conduct civil proceedings on matters set out under Parts III, VII, VIII,
IX, X, XI,...
- Section 92 - Friendly environment of Children’s Court
A Children’s Court shall have a setting that is friendly to the children who are before it.
- Section 93 - Sitting of Children’s Court
(1) A Children’s Court shall sit at such times and in such locations as the Chief Justice may, by notice in the Gazette, determine.
(2) Without prejudice to the generality of subsection (1), a...
- Section 94 - Power to make orders relating to privacy in proceedings
Where in any proceedings relating to an offence against or by a child, of a sexual nature, a person who, in the opinion of the Court, is under the age of eighteen years is called as a witness, the...
- Section 95 - General principles with regard to proceedings in Children’s Court
(1) Subject to subsection (4), where the Court is considering whether or not to make an order under this Act with respect to a child, the Court shall not make any order unless it considers that doing...
- Section 96 - Provision of Legal aid in certain cases
(1) Where a child who has not attained the age of sixteen is a complainant oris otherwise brought before a children’s Court in proceedings under this Act or any other written law, the Court shall,...
- Section 97 - Power of Court to order production of reports
(1) When considering any question with respect to a child under this Act, theCourt may summon and direct any person to prepare and present to it a report or statement containing such information in...
- Section 98 - Appointment of guardian ad litem
A court before which a child is brought, and especially where that child is not represented by an advocate, may appoint guardian ad litem for the purposes of the proceedings in question and to...
- Section 99 - Appeals
Unless otherwise provided under this Act, in any civil or criminal proceedings in a Children’s Court, an appeal shall lie—
(a) in the first instance, to the High Court on points of fact and law;...