Section 84 of The Children Act CAP 141: 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 the school, the Secretary may apply to the Court having geographical jurisdiction over the school for an order—
(a) in the case of a child below the age of sixteen years, directing that the period of committal be extended by a period not exceeding six months;
(b) in the case of a child above the age of sixteen years, directing that the child be transferred to a borstal institution; or
(c) directing that the child be provided with appropriate medical treatment or professional counselling services, in any of the following cases—
(i) cases where the child’s conduct is attributable to drug abuse;
(ii) cases where the child is of unsound mind; or
(iii) cases where the child is suffering from a mental illness.
(2) In any proceedings under this section, the parents, guardian or any other person who has parental responsibility over the child, shall be notified of, and be heard in, the proceedings, unless the Court is satisfied that such persons cannot be found, or cannot reasonably be expected to attend at the proceedings.
(3) The expenses incurred in committing a child under this section shall be borne by the State.
(4) In any case where the period of committal is extended, or where the child is committed to a borstal institution, the child shall be provided with appropriate professional assistance, including legal services in accordance with the law relating to legal aid.
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- 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
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- 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...
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- 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
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- Section 97 - Power of Court to order production of reports
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- 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
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- Section 107 - Revocation of custody order
(1) A Court may, on application in the prescribed form, revoke a custody order:
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- 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.
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- Section 111 - Power to make maintenance order
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- 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
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- Section 114 - Financial provisions by step-parents and presumptive guardian
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(2) An order...
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(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...
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- Section 124 - Appointment of testamentary guardian
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- Section 125 - Appointment of guardian by the Court
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- Section 131 - Neglect or misapplication of assets by guardian of a child’s estate
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- Section 133 - Power of Chief Justice to make Rules
The Chief Justice shall make regulations to give effect to this Part, including rules of procedure directing the manner in which applications may be made under this Part.
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(2) The persons qualified...