Section 86 of The Children Act CAP 141: 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 accordance with the tenure thereof, or in a health institution in accordance with section 85.
(2) A child shall be deemed to be in lawful custody where the child is confined to or is being conveyed to or from a children’s remand home or a rehabilitation school to or from a health institution, as the case may be.
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(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,...
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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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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...
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- 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.
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(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...
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(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...
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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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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...
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The Court may order the person against whom a maintenance order is made to make a financial provision for the child by—
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(b) such lump sum payment, as the Court shall deem...
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(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...
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(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...
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(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...
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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...
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(1) In this Part,
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(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...
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(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...
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(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...
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- Section 131 - Neglect or misapplication of assets by guardian of a child’s estate
Where a guardian of the estate of a child, whether or not that guardian is also a guardian of the person of the child—
(a) neglects to recover or safeguard the estate of a child, or
(b) misplaces...
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(1) Any guardian of the estate of a child who—
(a) willfully or recklessly neglects to receive or safeguard any asset forming part of the estate, misapplies any such asset or subjects any such asset...
- 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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(1) The Court may make any order under this Act or any other written law for the protection of a child in any proceedings concerning the welfare and upbringing of the child.
(2) The persons qualified...
- Section 135 - Orders which Court may make
(1) The Court may from time to time where appropriate make any of the following orders—
(a) an access order, which shall require the person with whom the child is residing to allow the child to...
- Section 136 - Supervision order
(1) The Court may, either of its own motion or on application by any person for any order directing the care and protection of a child, make an order, in this Act referred to as a supervision order,...