Section 67 of The Children Act CAP 141: 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 protection of the rights of the child.
(2) The placement of a child in a Charitable Children’s Institution shall be done as a last resort in cases where—
(a) the child has no immediate access to parental care by the child’s parent, guardian or relative, if any;
(b) no alternative family based placement, is for the time being available to the child; or
(c) the usual place of abode or home is not conducive to the well-being of the child.
(3) Unless there are compelling circumstances, a child shall not be placed in a charitable children’s institution for a period exceeding three years.
(4) Without prejudice to the generality of subsection (3), a child below the age of three years shall not be placed in alternative care in an institution, except in compelling circumstances and, in any event, for a period not exceeding three months.
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- 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;...
- Section 100 - Rules
The Chief Justice shall make Rules to give effect to this Part.
- Section 101 - Custody, care and control
(1) Where a person who does not have the legal custody of a child is entrustedwith the care and control of the child, the person is under a duty to safeguard the interests and welfare of the...
- Section 102 - Custody order
(1) A Court may, on the application of one or more persons qualified under subsection (3), make an order vesting the legal custody of a child in the applicant or applicants.
(2) An order under...
- Section 103 - Principles to be applied in making custody order
(1) In determining whether or not a custody order should be made in favour of an applicant, the Court shall have regard to—
(a) the conduct and wishes of the parent or guardian of the child;
(b) the...
- Section 104 - Restriction on removal of a child where applicant has provided home for three years
(1) Where an application for a custody order in respect of a child made by theperson with whom the child has, at the time the application is made, had his home for a period, whether continuous or not,...
- Section 105 - Return of child removed in breach of section 104
(1) A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and...
- Section 106 - Conflict of interest of joint custodians
If two persons have parental rights or duty vested in them jointly under a custody order, but cannot agree on its exercise or performance, either person may apply to the Court, and the Court may make...
- Section 107 - Revocation of custody order
(1) A Court may, on application in the prescribed form, revoke a custody order:
Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or...
- Section 108 - Interim custody orders
(1) The Court shall have power to make interim custody orders and may fromtime to time review, suspend or vary such orders.
(2) The Court shall not make an interim custody order under sub-section (1)...
- Section 109 - Custody agreement not to be invalid in certain circumstances
An agreement made between the parents of a child shall not be invalid by reason only that it provides that the father shall give legal or actual custody of the child to the mother or vice...
- Section 110 - Joint maintenance of children
Unless the Court otherwise directs, and subject to any financial contribution ordered by the Court to be made by any other person, the following presumptions shall apply with regard to the maintenance...
- Section 111 - Power to make maintenance order
(1) A parent, guardian or custodian of a child, or an authorised officer, may apply to the Court to determine any matter relating to the maintenance of the child and to make a maintenance...
- Section 112 - Maintenance during matrimonial proceedings.
The Court may make a maintenance order, whether or not proceedings for nullity, judicial separation, divorce or any other matrimonial proceedings have been filed by a parent of a child, or during...
- Section 113 - Financial provision for child
The Court may order the person against whom a maintenance order is made to make a financial provision for the child by—
(a) periodic payments; or
(b) such lump sum payment, as the Court shall deem...
- Section 114 - Financial provisions by step-parents and presumptive guardian
(1) The Court may make a maintenance order in respect of a child, including a child of the other parent who has been accepted as a child of the family notwithstanding the absence of an adoption...
- Section 115 - Power to order maintenance monies to be paid to person other than the applicant
(1) When a maintenance order is issued pursuant to this Part, the Court may, at the time of making the order, or from time to time thereafter, on being satisfied that the person in whose favour the...
- Section 116 - Duration of financial provisions
(1) A maintenance order requiring financial provision to be made through periodic payments shall commence on the date of the application, or on such later date as the Court may direct.
(2) An order...
- Section 117 - Interim orders of maintenance
(1) A Court may make an interim maintenance order, on the ex–parte application of any person and in so doing, may dispense with any notice required to be given to any person, if the Court is satisfied...