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

Bookmark this Page

Cited By:

---

---

More Sections

---

• 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...

• Section 186 - Who may apply to adopt a child
  

  (1) The Court may make an adoption order on application by— (a) a sole applicant; or (b) two spouses jointly. (2) The Court shall not make an adoption order in any case unless— (a) the applicant...

• Section 187 - Power to dispense with consent
  

  (1) The Court may dispense with any consent required under section 186(8) paragraphs (a), (b) and (c) if the Court is satisfied that—(a) in the case of the parent or guardian of the child, the parent...

• Section 188 - Appointment of guardian ad litem for purposes of adoption
  

  (1) Where an application is made for an adoption order, the Court shall, eitherof its own motion or on application by any party to the proceedings, make an order appointing a fit person to be guardian...

• Section 189 - Interim orders
  

  (1) Where an application for an adoption order is pending in Court— (a) any person who has consented to the adoption shall not be entitled, except with leave of the Court, to remove the child from...

• Section 190 - Review of adoption
  

  (1) A person who is a biological parent of a child in respect of whom an adoption order has been granted by a Court may apply to the Court for review of the order for adoption on grounds...

• Section 191 - Inter-country adoptions
  

  The Court may make an adoption order in respect of a child on the joint application of two spouses who are not citizens or residents of Kenya, in this Act referred to as an "inter-country adoption",...