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Section 73 of The Children Act CAP 141: 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 who are in need of care and protection.
(2) Any authorised officer acting pursuant to subsection (1) may at all reasonable times enter a charitable children’s institution, after producing, if requested to do so, a duly authenticated document showing that he or she is so authorised to do so and shall, in particular—
(a) interview any child in the institution or premises, and, in so doing, ensure confidentiality;
(b) require the production of an annual report and any other records required to be kept in accordance with the regulations made under section 89;
(c) inspect the conditions and facilities provided by the institution or managers of the premises; and
(d) prepare and submit a report outlining his or her findings and recommendations.
(3) The obstruction or refusal by any person to allow any authorised officer referred to in subsection (2) to enter a charitable children’s institution or the premises referred to in subsection (1) for the purpose of inspecting such institution or premises, or interviewing any person in respect of such institution or premises, shall be sufficient ground to suspect that a child or children accommodated in the institution or premises is or are being neglected or abused, and that such children are in need of alternative care and protection.
(4) Upon receipt of an inspection report, the Secretary may, in addition to taking such other remedial measures as may be prescribed by the Cabinet Secretary, require a charitable children’s institution to appoint a new management and institute appropriate remedial measures:
Provided that the Secretary may, in consultation with the relevant County Children Advisory Committee, appoint a manager to manage the institution for a period not exceeding two months in order to institute appropriate remedial measures.
(5) The functions and powers of the authorised officer appointed under thissection shall be supplemental to, and not in derogation from the functions and powers conferred on an inspection committee appointed under section 88.
(6) Any person who, without lawful justification, refuses to allow an authorised officer referred to in subsection (2) to enter a charitable children’s institution or such premises as are mentioned in subsection (1), or who interferes in any way with the work of such officer, or fails to produce any report or records, or conceals any facility within such institution or premises, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both.

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

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