Section 166 of The Children Act CAP 141: 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 years of age, the Court shall inquire as to the age of the accused, victim or complainant, and shall take such evidence, including medical evidence for the purpose of determining his or her age.
(2) The age presumed or declared by the Court under subsection (1) to be theage of any person appearing before it shall, for purposes of this Act, be deemed to be the person’s age unless the contrary proof is adduced before Court.
(3) A certificate duly completed and signed by a medical practitioner as to the age of a person under eighteen years of age shall be produced and admitted in evidence in any proceeding before the Court, unless the Court otherwise directs.
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- 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—
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(b) to...
- Section 171 - Restrictions on periods of foster care
(1) In this Part, "foster care" includes—
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- 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—
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- 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
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- 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—
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(b) the child has...
- Section 185 - Children who may be adopted
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(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
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(2) The Court shall not make an adoption order in any case unless—
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- 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—
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- Section 190 - Review of adoption
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- Section 191 - Inter-country adoptions
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- Section 192 - Adoption by non-resident Kenyans
The requirements of section 191 shall apply to adoption by— (a) citizens of Kenya who are not ordinarily resident in Kenya;
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- Section 193 - Kinship Adoption
(1) A kinship adoption order may only be made in favour of a relative of the child.
(2) The Cabinet Secretary may make regulations to give effect to this Part.
- Section 194 - Powers of the Court in adoption proceedings
(1) Before making an adoption order, the Court shall inquire into and be satisfied on evidence before it that—
(a) every person whose consent is required under this Part, which consent has not been...
- Section 195 - Power of the Court to appoint guardian
(1) At the time of making an adoption order in a domestic or inter-countryadoption, the Court may, either of its own motion or on application by the adopter or joint adopters, appoint a guardian of...
- Section 196 - Adoption order in respect of children previously adopted
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- Section 197 - Parental responsibility when adoption is denied
If the Court declines to make an adoption order, the Court may make such order in respect of parental responsibilities over the child as the Court may consider fit.
- Section 198 - Appeals
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- Section 199 - Variation of orders
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- Section 200 - Adopted Children Register
(1) The Registrar shall maintain an Adopted Children Register and shall makesuch entries as the court may direct.
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(2) For the purposes of compliance with...
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- Section 205 - Intestacies and testamentary instruments
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- Section 206 - Provisions supplementary to section 196
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- Section 207 - Effect of inter-country adoptions
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- Section 208 - Restriction on adoption arrangements
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- Section 209 - Certain offences relating to adoption
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- Section 210 - Functions of adoption societies
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- Section 211 - Adoption proceedings to be confidential
(1) A member or officer of an adoption society, and a person having any official duty under or being employed in the administration of this Act, shall regard and deal with all documents and...
- Section 212 - Prohibition of certain payments
(1) Subject to subsection (2)—
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(b) any...
- Section 213 - Restriction on advertisement
(1) A person shall not knowingly publish or cause to be advertised any matter indicating that—
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- Section 214 - Offences under this Part
Where any offence under any regulations made under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on...
- Section 215 - Regulations
The Cabinet Secretary shall make regulations for the better carrying into effect the provisions of this Part, and, without prejudice to the generality of this section, for any of the following...
- Section 216 - Rules of Court
The Chief Justice may make rules of Court directing the manner in which applications may be made and judicial proceedings undertaken under this Part.