Section 135 of The Children Act CAP 141: 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 visit, or to stay periodically with the person named in the order, or to allow such person to have such other contact with the child as may be directed by the Court:
Provided that an access order made under this section shall not be made in relation to a child in respect of whom a care order has been made under this Part, but access to the child concerned may be obtained upon an application made under section 149;
(b) a residence order, requiring a child to reside with a person named in the order and determining the arrangements to be made to facilitate the residence of the child with the person named in the order;
(c) an exclusion order requiring a person who has inflicted or threatened to inflict violence on a child, whether or not that person permanently resides with the child—
(i) to depart from the home in which the child is residing;
(ii) to restrain the person from entering the home or any specified part of the home or from a specified area in which the home is located; or
(iii) to restrain any other person from taking the child to the person against whom the child needs protection, for such period as the Court may specify;
(d) a child assessment order requiring a child or the child’s family to be investigated or evaluated by a person appointed by the Court to assist the Court in determining any matter concerning the welfare and upbringing of the child;
(e) a family assistance order requiring a person appointed by the Court to provide such advice, counselling and guidance to a child, his parents or custodian or guardians, the child’s relatives, or any person who has care and control of the child or with whom the child is residing, as the Court may specify;
(f) a wardship order requiring that a child be placed under the protection and custody of the Court;
(g) a provisional child care order requiring placement of a child for provisional care by any fit person or institution pending further orders of the court;
(h) a production order requiring any fit person who is harbouring, concealing or otherwise unlawfully detaining a child, or who intends to remove a child from Kenya or local limits of the jurisdiction of the
Court—
(i) to disclose any information regarding the whereabouts of the child; or
(ii) to produce the child before the Court and restraining the person from removing the child from the jurisdiction of the Court for such period as the Court may specify;
(i) a protection order directing care and protection of a child involved in drug abuse or who has been a victim of ideological radicalization or criminal gangs; or
(j) a non-interference order preventing any fit person from interfering with the life of a child in relation to any matter, including the education of the child.
(2) Without prejudice to the generality of subsection (1)(h), the Court may make a production order requiring any children institution at which a child has been accommodated for a period exceeding the time limited by an order of the Court or the provisions of this Act to produce the child before the Court to facilitate the making of such other order as the Court may deem fit on such terms as the Court may direct.
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- 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...
- Section 140 - Penalty
Any person who contravenes an order made under section 135, or who obstructs or unlawfully interferes with a person appointed by the Court in the execution of his duties under an order made under that...
- Section 141 - Review, etc., of order
The Court may—
(a) from time to time review, vary, suspend or discharge any order made under this Part; or
(b) revive an order after the order has been suspended or discharged.
- Section 142 - Interpretation
For the purpose of this Part—
"a child in need of care and protection" means a child who lives in difficult circumstances and needs to be protected from all kinds of neglect, abuse or...
- Section 143 - Jurisdiction of the Court
A Children’s Court shall have jurisdiction to make an order or render judgment under this Part notwithstanding that any act, matter, thing or circumstances giving rise to such order or judgment did...
- Section 144 - When a child is in need of care and protection
For the purposes of this Act, a child in need of care and protection includes a child—
(a) who is an orphan and has no guardian;
(b) who has been abandoned by their parent or guardian;
(c) who is...
- Section 145 - Proceedings in respect of children in need of care and protection
(1) Any person who has reasonable cause to believe that a child is in need of care and protection may report the matter to the nearest authorised officer, who shall take such steps as may be necessary...
- Section 146 - Healthcare
(1) If it appears to an authorised officer exercising powers under section 144 that a child is in need of healthcare, the officer shall forthwith take the child to a registered health institution, and...
- Section 147 - Determination as to child’s home, etc.
(1) If a child in need of care and protection is brought before a Court, andthe Court determines that the child has a home in, or has been found in the local limits of, a particular county government...
- Section 148 - Parent or guardian to be heard in any application
(1) If a child in need of care and protection is brought before the Court on anapplication by any person for orders in that regard, the parent, guardian or other person having parental responsibility...
- Section 149 - Power of Secretary to take over application
The Director of Public Prosecutions may authorise the Secretary at any stage in the proceedings under this Act, whether before, during or after the making of any application, to take over and assume...
- Section 150 - Power of Court in respect of children in need of care and protection
(1) A Court before which any child in need of care and protection is brought may require an authorised officer or any other person to give a report or professional advice on any aspect of the...
- Section 151 - Application of trusts for maintenance of children
(1) Where a child is, by an order of the Court made under this Part, removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the...
- Section 152 - Penalty for cruelty to and neglect of children
(1) Any person who, having parental responsibility, custody, charge or care of any child, and who—
(a) wilfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause the child...
- Section 153 - Care order and grounds thereof
(1) In this section "care order" means an order entrusting the care, control and custody of the child to a person other than the parent, guardian or custodian of the child, or an institution appointed...
- Section 154 - Access to children in care
(1) In determining the terms of a care order, the Court may—
(a) consider any prior arrangements made by the Secretary for allowing any person access to the child during the period within which the...
- Section 155 - Power to make interim care order
(1) A Court may, either of its own motion or on application by any person, make an interim care order on any of the grounds specified in section 153 (2).
(2) Without prejudice to the generality of...
- Section 156 - Discharge of care order
(1) A care order or interim order may be discharged—
(a) by the making of an adoption order in respect of the child;
(b) in any case where the care order was not made in respect of the child by...
- Section 157 - Care on committal to a rehabilitation school, etc.
(1) Where the Court makes a care order directing that a child be committed to a rehabilitation school on being found guilty of an offence, the committal order shall specify the grounds on which the...
- Section 158 - Transmission of committal order
The Court making a care order under this Part in relation to a child committed to a rehabilitation school shall direct that the order be delivered to the manager of the rehabilitation school together...
- Section 159 - Escort of a child to a rehabilitation school
(1) Where a person authorised to escort a child to a rehabilitation school is unable to find or obtain custody of the child, the Court may, if satisfied by information on oath that a person named in...
- Section 160 - Harbouring or concealing a child
Where a child has been placed under care in a rehabilitation school, any person who harbours or conceals the child after the time fixed for the child to enter the rehabilitation school, commits an...
- Section 161 - Escape from institutions, etc.
(1) A child who escapes from a fit person, charitable children’s institution to whose care the child has been entrusted under this Act, or from any person or institution with whom the child has been...
- Section 162 - Duty of Charitable children’s institutions and County Public Entities
(1) Where a child escapes from any person or institution with whom or withwhich the child has been placed by a charitable children’s institution or county public entity, the manager, person in charge...
- Section 163 - Escape from children’s remand home or rehabilitation school
(1) Any child who escapes from a children’s remand home or while being escorted thereto or therefrom, may be apprehended without warrant and dealt with in accordance with section 157.
(2) Any child...
- Section 164 - Aiding escape, etc.
Any person who willfully and knowingly— (a) aids or induces a child—
(i) to run away from a fit person, a charitable children’s institution, children remand home or a rehabilitation institution or...
- Section 165 - Production of escaped child
(1) If a Children’s Court is satisfied by information on oath that there arereasonable grounds for believing that a child has escaped or done any of the things specified in section 163, and that some...
- Section 166 - Presumption and determination of age
(1) Where a person appears before any Court for the purpose of givingevidence, and it appears to the Court that the accused, the victim or complainant to whom the proceeding relates is under eighteen...
- Section 167 - Contribution order not to be made in certain cases
Where a Court makes an order placing a child under the care of a rehabilitation school, the court shall not make a contribution order requiring a parent or guardian of the child to contribute any sums...
- Section 168 - Inter-country reciprocity.
(1) The Cabinet Secretary may enter into an agreement with the government of any other country or territory on such terms and conditions as the Cabinet Secretary may think fit, under which a child who...
- Section 169 - Bonds
The provisions of the Criminal Procedure Code with respect to bonds for good behaviour, including the provisions as to their enforcement, shall apply to bonds entered into under this Part.
- Section 170 - Objectives of foster care placement
(1) The overriding objectives of foster care placement are—
(a) to protect and nurture children in need of care and protection by providing a safe, healthy environment with wholesome support;
(b) to...
- Section 171 - Restrictions on periods of foster care
(1) In this Part, "foster care" includes—
(a) placement of a child in foster care on short term basis for a period not exceeding three years— (i) in situations of emergency;
(ii) where the child is...
- Section 172 - Conditions for foster care placement
(1) For the purposes of this Part, a child may be placed under foster care either on the direct intervention of the Secretary or pursuant to an order of the Court, and such placement shall, in the...
- Section 173 - Application for foster care
(1) Any person wishing to foster a child shall make an application to the Secretary in the prescribed form.
(2) On receipt of the application referred to in subsection (1), the Secretary shall...
- Section 174 - Persons qualified to foster children
(1) Any of the following persons may apply to be appointed a foster parent or foster parents—
(a) spouses of a marriage where one or both the spouses are between twenty-five and sixty-five years of...
- Section 175 - Conditions for foster care
The Secretary shall not authorize foster care placement of a child if it is shown to the satisfaction of the Secretary that the application has not been done following the procedure set out in rules...
- Section 176 - Limitation on the number of children placed under foster care in a household
Not more than four children may be placed in foster care with a single person or two persons in the same household, except where— (a) the children are siblings or blood relatives; or
(b) the...
- Section 177 - Records of foster care placements
(1) A person shall not, for the purposes of fostering a child, retain in his care andcustody a child whose parent, custodian or guardian cannot be readily identified, without first notifying the...
- Section 178 - Agreement for maintenance of foster child
(1) The Secretary may, on the application of a foster parent or the parentor guardian of a child, direct that an agreement be made between the foster parent and the parent or guardian of a child...
- Section 179 - Termination of foster care
(1) Any foster care placement made under this Part may be terminated on the written direction of the Secretary if the termination is, in the Secretary’s opinion, in the best interest of the...
- Section 180 - Penalty for contravening provisions of this Part
A person who, without reasonable cause, contravenes any of the provisions of this Part commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or to...
- Section 181 - Regulations
The Cabinet Secretary shall make regulations for the better carrying out of the provisions of this Part.
- Section 182 - Rules
The Chief Justice may make court rules of procedure and practice in matters relating to foster care placement.
- Section 183 - Power to make adoption orders
(1) Subject to this Act, the High Court may, on an application made in the prescribed form, make an order, in this Act referred to as "adoption order", authorising an applicant to adopt a...
- Section 184 - Pre-requisites for Adoption
(1) A person shall not commence any arrangements for the adoption of a child unless—
(a) the Council, in accordance with the rules, has declared the child free for adoption; and
(b) the child has...
- Section 185 - Children who may be adopted
(1) Any child who is resident within Kenya may be adopted whether or not the child is a Kenyan citizen, or was born in Kenya.
(2) Without prejudice to the generality of subsection (1), no Court may...