Section 89 of The Children Act CAP 141: 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 for—
(a) the establishment, administration and supervision of children institutions;
(b) the requirements and procedure for approval of children’s welfare programmes;
(c) the management of remand homes, rehabilitation schools, child rescue centres, child protection centres, and charitable children’s institutions;
(d) requirements as to the accommodation, staff and equipment to be provided in the institutions referred to in paragraph (a);
(e) academic qualifications for persons to be employed in children’s institutions
(f) the training and remuneration of persons employed in children’s remand homes, rehabilitation schools, child rescue centres, and child protection centres;
(g) the criteria to be applied to limit the number of children who may be accommodated in the institutions referred to in paragraph (a);
(h) the education and training of children in the institutions referred to in paragraph (a);
(i) religious instruction to children in the institutions referred to in paragraph (a);
(j) the access to health care by children in the institutions referred to in paragraph (a);
(k) special care for children with disabilities, chronic ailments or other special needs in the institutions referred to in paragraph (a);
(l) requirements as to the keeping of records and giving of notices in respect of children received in the institutions referred to in paragraph (a);
(m) the conduct of reviews under section 78;
(n) the conduct of inspections of the institutions referred to in paragraph (a);
(o) corrective measures which may be imposed by the Secretary after inspection of the institutions referred to in paragraph (a), and penalties for non-compliance therewith;
(p) appeals against decisions made under this Part;
(q) foster care applications under section 173;
(r) the minimum standards to be adhered to before the approval of an application to establish a charitable children’s institution under section 65; and
(s) the conduct of diversion under Part XV.
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- 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,...
- Section 129 - Dispute between guardians
(1) Where two or more persons acting as joint guardians to a child, or where thesurviving parent and a guardian acting jointly, fail to agree on any matter concerning the welfare of the child, any of...
- Section 130 - Powers of guardian
A guardian appointed under section 122 and 126 shall have the same powers over the child, or over the estate of a child, as a guardian appointed by deed or will or otherwise under the Law of...
- 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...
- Section 132 - Offence by guardians of a child’s estate
(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.
- Section 134 - Power of Court to make orders in certain proceedings
(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,...
- Section 137 - Power to make interim supervision order
(1) The Court may make an interim supervision order, either of its own motionor on application by any person—
(a) where the Court has reason to believe that the living conditions of the child...
- Section 138 - Discharge of supervision order
(1) A Court which has made a supervision order or an interim supervision ordermay vary or discharge the order on application by—
(a) the child with the leave of the Court;
(b) the parents or...
- Section 139 - Power of arrest
Where a Court makes an order pursuant to section 135(1) (c), (d) or (g), the Court may attach a power of arrest to the order, and the person named in the order shall be liable to arrest if he or she...