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Section 91 of The Children Act CAP 141: 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, XIII, XIV and XV of this Act;
(b) hear any charge against a child, other than a charge of murder;
(c) hear a charge against any person accused of an offence under this Act;
(d) hear a charge in any case in which a person is accused of an offence against a child or in which a child is the victim or complainant; and
(e) exercise any other jurisdiction conferred by this Act or any other written law.
(2) Subject to any rules or directions made or issued by the Chief Justice, whereunder any other written law any matter involving a child is required to be heard by a Court other than a Children’s Court, that other Court shall, for the purposes of that matter, be deemed to be a Children’s Court, and shall be bound by the provisions of this Act.
(3) Any reference to a subordinate court of any class in the First Schedule to the Criminal Procedure Code (Cap. 75) shall include a Children’s Court.
(4) The Magistrate in charge of the Courts station or his or her representative shall preside over all cases involving children in respect of the Court’s jurisdiction.
(5) Where, in the course of any proceedings in a children’s Court, it appears to the Court that the person charged, or to whom the proceedings relate, is above the age of eighteen years, the Court shall transfer the proceedings to a Court other than a children’s Court to conduct the proceedings under any other relevant law.
(6) Where, in the course of any proceedings in any Court other than a Children's Court, it appears to the Court that the person charged or to whom the proceedings relate, is under the age of eighteen years, the Court shall transfer the proceedings to a Children's Court to conduct the proceedings under this Act:
Provided that no transfer shall be necessary in any case where the magistrate concerned is duly appointed in accordance with section 90 to preside over matters relating to children.
(7) Where any conviction or sentence made or passed by a Court other thana Children's Court is appealed against, or is brought before the High Court for confirmation or revision, and it appears that the person convicted was at the time of commission of the offence under the age of eighteen years, the High Court shall have power to substitute for the conviction a finding of guilt in accordance with section 221.
(8) A Children’s Court may, either on its own motion or on the application by any person, visit any children’s institution and assess its condition and the circumstances under which the children are admitted, and on assessment, make any order as the Court may determine in the best interest of the children.

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Disclaimer: This document is not to be taken as legal advise.

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