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Section 95 of The Children Act CAP 141: 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 so is in the best interest of the child.
(2) Where the Court is considering whether or not to make an order under subsection (1), it shall have particular regard to—
(a) the ascertainable feelings and wishes of the child concerned having regard to the child’s age and understanding;
(b) the child’s physical, emotional and educational needs and, in particular, where the child has a disability or chronic illness or where the child is intersex, the ability of any person or institution to provide any special care or medical attention which may be required for the wellbeing of the child;
(c) the likely effect on the child of any change in circumstances;
(d) the child’s age, sex, religious persuasion and cultural background;
(e) any harm the child may have suffered or is at the risk of suffering;
(f) the ability of the parent, or any other person in relation to whom the Court considers the question to be relevant, to provide for and care for the child;
(g) the customs and practices of the community to which the child belongs and the need to ensure that the child easily integrates while not subjected to harmful cultural practices;
(h) the child’s exposure to, or use of, drugs or other psychotropic substances and, in particular, whether the child is addicted to the same, and the ability of any person or institution to provide any special care or medical attention which may be required for the child; and
(i) the powers which the Court has under this Act or any other written law.
(3) In any proceedings in which an issue arises as to the upbringing of a child, the Court shall have regard to the general principle that any delay in determining the question is likely to be prejudicial to the welfare of the child.
(4) The Court may, if it considers it necessary for the proper determination of any matter in issue before it, either of its own motion or on application by any person, summon any expert witness whom it considers appropriate to provide assistance to the Court, and the expenses of any such witness, shall be assessed by the Court and such expenses shall be a charge on the Judiciary Fund.
(5) In relation to any proceedings concerning a child, whether instituted under this Act or under any other written law, a person shall not publish or reveal in any publication or report, including any law report, any of the following matters— (a) a child’s name, identity, home or last place of residence or school;
(b) the particulars of the child’s parents or relatives; or
(c) any photograph, depiction or caricature of the child.
(6) The Registrar of the Children’s Court shall cause to be marked all records of the Court concerning a child so as to indicate that such records relate to matters involving a child, and such records shall only be available to any person without disclosure of any of the particulars specified in subsection (5).
(7) For the avoidance of doubt, the name or other particulars of the child shallbe marked to indicate that they concern a child, and access may be restricted and available only without particulars as specified in subsection (5).
(8) Any person who contravenes the provisions of subsections (5) and (6) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding twelve months, or to both, and, in the case of a body corporate, a fine of not less than one million shillings.

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