Section 78 of The Children Act CAP 141: 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, education, training and facilities for the care and protection of children.
(2) Subject to subsection (3), any person may, with the approval of the Cabinet
Secretary, establish and manage a private institution suitable for− (a) the reception, education and vocational training of children; and
(b) the rehabilitation, care and protection of children.
(3) Without prejudice to the generality of subsections (1) and (2), every rehabilitation school shall be suitably designed and equipped to implement such educational and vocational training programmes as may be approved by the Cabinet Secretary for the time being responsible for matters relating to basic education and vocational training.
(4) The manager of any institution which is suitable for the reception, maintenance, training and rehabilitation of children ordered to be sent to a rehabilitation school under this Act may apply to the Cabinet Secretary to approve the institution for that purpose, and the Cabinet Secretary may, by notice in the Gazette, declare the institution to be a rehabilitation school and issue a certificate of approval to the manager.
(5) Where the Secretary is dissatisfied with the condition or management of a rehabilitation school, the Secretary may—
(a) take such disciplinary action against the manager as the Cabinet Secretary may determine; or
(b) direct the manager by notice in writing to show cause why the certificate of approval issued in accordance with subsection (3) should not be withdrawn.
(6) If the manager fails to comply with the conditions in the notice referred to in subsection (5)(b) within the period specified in the notice—
(a) the notice shall take immediate effect, and the certificate of approval issued under this section shall stand withdrawn;
(b) the Secretary may, by notice in writing to the manager, prohibit further admission of children to the school for such period as may be specified in the notice.
(7) If the Secretary is satisfied on evidence that the continuation of a rehabilitation school is unnecessary—
(a) the Secretary may give to the manager not less than six months’ notice in writing of his or her intention to withdraw the certificate of approval; and
(b) on the expiration of the notice, the certificate of approval shall stand withdrawn, and the school shall cease to be a rehabilitation school within the meaning of this Act.
(8) Any person aggrieved by the decision to deregister a rehabilitation school under subsection (6) and (7) may appeal to the High Court within thirty days
(9) The manager of a rehabilitation school may, after giving not less than six months’ notice in writing to the Secretary of his intention so to do, surrender the certificate of approval of the school, and, on the expiration of the notice, unless the notice is previously withdrawn, the certificate of approval shall be deemed to have been surrendered and the rehabilitation school shall cease to be approved.
(10) A child shall not be received into a rehabilitation school under this Act after notice has been given of intention to withdraw or surrender the certificate of approval:
Provided that the obligations of the manager with respect to children under his care at the date of the notice shall continue until the withdrawal or surrender of the certificate of approval takes effect.
(11) The Cabinet Secretary may, on the advice of the Secretary, by notice in the Gazette, publicize the withdrawal or surrender of any certificate of approval issued under this section.
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- 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...
- Section 118 - Other maintenance provisions
A Court may make an order and give directions regarding any aspect of the maintenance of a child including matters relating to the provision of education, medical care, housing and clothing for the...
- Section 119 - Power to impose conditions or to vary order
In relation to an order made under section 116, the Court may—
(a) impose such conditions as the Court deems fit;
(b) vary, modify or discharge any order made under section 116 with respect to...
- Section 120 - Power to vary maintenance agreements
Where the parents, guardians or custodians of a child enter into an agreement, whether orally or in writing, in respect of the maintenance of the child, the Court may, upon application, vary the terms...
- Section 121 - Enforcement of orders for maintenance or contribution
(1) Any person, including a child in whose favour a maintenance order has been made pursuant to section 111, may apply to the Court for the enforcement of the order and recovery of any sums due and...
- Section 122 - Appointment of guardian
(1) In this Part,
"guardian" means a person appointed by will or deed by a parent of a child or by an order of Court to assume parental responsibility over a child on the death of the parent of the...
- Section 123 - Rights of surviving parent as to guardianship and power of Court
(1) On the death of the father of a child, the mother, if surviving, shall be theguardian of the child either alone or jointly with the guardian appointed by the father if any, but if no guardian has...
- Section 124 - Appointment of testamentary guardian
(1) Either parent of a child may, by will or deed, appoint any person to be the guardian of the child after that parent’s death.
(2) The guardian of a child may, by will or deed, appoint another...
- Section 125 - Appointment of guardian by the Court
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in the prescribed form in any of the following...
- Section 126 - Customary guardianship
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in accordance with the customs, culture or tradition of...
- Section 127 - Extension of appointment of guardian beyond child’s eighteenth birthday
(1) The appointment of a guardian shall expire upon the child attaining the age of eighteen years, unless exceptional circumstances exist that would require a court to make an order that appointment...
- Section 128 - Revocation or disclaimer of appointment
(1) The appointment of a guardian under section 122 revokes any earlier appointment including an agreement made in an unrevoked will or codicil made by the same person in respect of the same child,...