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Section 76 of The Children Act CAP 141: 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 Programme in the respective county on the grounds that—
(a) the programme is unfit for the care, protection and control of children;
(b) the children in respect of whom the program is administered are likely to suffer prejudice, or that the program is likely to occasion harm to such children; or
(c) the institution by which the program is administered has contravened any of the regulations made under this Act or any other written law.
(2) The Council shall not deregister any child welfare program unless and until it accords the institution by which the program is administered fair opportunity to be heard in the matter in accordance with the principals of fair administrative action prescribed in Article 47 of the Constitution:
Provided that the Council shall give written notice of the proposed deregistration and invite the programme to make its response within thirty days from the date of such notice.
(3) Any person aggrieved by the decision of the Council made under this section may appeal to the Cabinet Secretary with a further appeal to the High Court.
(4) If a child welfare program is deregistered, the Secretary shall, subject to any directions of the Cabinet Secretary, take such remedial measures as may be necessary to protect the children accommodated in the programme.
(5) Upon the deregistration of a child welfare program in accordance with this
Act, the Secretary shall take such steps as may be necessary to—
(a) reintegrate the children with their respective families or guardians;
(b) transfer the children to another registered institution; or
(c) remove any child or children from the institution;
(d) ensure the immediate closure of the institution;
(e) take such necessary steps, including prosecution, to secure appropriate penal sanctions against the manager in accordance with section 75(5); or
(f) take such other action as may be necessary for the protection of the children.
(6) Nothing in this section shall be construed as limiting an institution’s right toapply for change of user in accordance with section 69.
(7) The Cabinet Secretary shall make regulations to provide for the procedure for reintegration and transfer of Children under this Part.

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