Section 194 of The Children Act CAP 141: 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 dispensed with, has consented to and understands the nature and effect of the adoption order for which the application is made;
(b) in the case of a parent, the parent understands that the effect of the adoption order is to permanently deprive him or her of his or her parental rights;
(c) if made, the order will be in the best interests of the child, having regard to the wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;
(d) the applicant has not received or agreed to receive, and that no person had made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption;
(e) any person whose consent is dispensed with on the grounds of incapacity is still incapable of giving consent at the date of making the order;
(f) where the applicant is not a relative of the child, reasonable steps have been taken to inform the relatives of the child of the proposed adoption, and no relative who is capable of exercising care over the child has expressed willingness to do so;
(g) both the applicant and the child have been assessed and evaluated by a duly registered adoption society in Kenya in accordance with this Act and the society’s report delivered to the Court; and
(h) the Council has certified and declared the child free for adoption.
(2) The Court may make an adoption order under this Part on such terms and conditions as the Court may think fit, including orders—
(a) requiring the adopter, by bond or otherwise, to make such provision for the child as, in the opinion of the Court, are just and expedient;
(b) directing that the child shall not be removed from the jurisdiction of the Court without leave of the Court for such period as the Court may specify;
(c) requiring the adopter to accept supervision by, and advice from, an adoption society specified by the Court for such period as the Court may direct;
(d) requiring the child to be brought up in accordance with a particular tradition conditional to which the consent was given;
(e) requiring the adopter to furnish such security by bond or otherwise as the Court may consider fit for the due performance of any condition that the Court may impose; or
(f) in a case where the adopter is not a resident or citizen of Kenya, requiring the adopter to avail such periodic reports from a Court of competent jurisdiction or state agency responsible for matters relating to adoption in the adopter’s country of residence for such period as the Court may specify.
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- 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
(1) The Court may make an adoption order or an interim adoption order inrespect of a child who has previously been the subject of an adoption order under this Act or any other written law in any...
- 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
Any person aggrieved by an order of the Court relating to an application for an adoption order, or an order relating to parental responsibility over a child made under this Part, may appeal to the...
- Section 199 - Variation of orders
(1) The Court which makes an adoption order may, on the application of the adopter, vary the order to correct any defect in the particulars contained therein and direct that the varied order be lodged...
- Section 200 - Adopted Children Register
(1) The Registrar shall maintain an Adopted Children Register and shall makesuch entries as the court may direct.
(2) A certified copy of an entry in the Adopted Children Register that is sealedor...
- Section 201 - Registration of adoption orders
(1) Every adoption order made by the Court shall contain a direction to the Registrar to make an entry in the Adopted Children Register in the prescribed form.
(2) For the purposes of compliance with...
- Section 202 - Rights and duties of parents and capacity to marry
(1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the biological parents in case of a first adoption or adoptive parents in case of subsequent adoption or...
- Section 203 - Application of Work Injury Benefits Act
For the purposes of the Work Injury Benefits Act, a child whom a deceased employee had been authorised to adopt under an adoption order shall be deemed to be a member of the family of the employee,...
- Section 204 - Orders and agreements in respect of child born outside marriage
(1) Where an adoption order is made in respect of a child previously committedto the care of foster parents, a voluntary children’s institution, a children’s institution, or a rehabilitation school by...
- Section 205 - Intestacies and testamentary instruments
(1) Where at any time after the making of an adoption order the adopter or the adopted child or any other person dies intestate in respect of any movable or immovable property, the property shall...
- Section 206 - Provisions supplementary to section 196
(1) For the purpose of the application of any written law for the time being in force relating to the devolution of any property in accordance with section 205, and for purposes of the construction of...
- Section 207 - Effect of inter-country adoptions
(1) Where a child has been adopted, whether before or after the commencement of this Act, in any place, and the adoption is one to which this section and other written laws apply, the adoption shall...
- Section 208 - Restriction on adoption arrangements
(1) No adoption agency, institution, individual or public officer may make or facilitate the making of any arrangements for the adoption of a child under this Act unless the agency or institution is...
- Section 209 - Certain offences relating to adoption
(1) A person or association, whether incorporated or unincorporated) shall notwillfully and without lawful justification take part in or facilitate the adoption of a child unless the association is...
- Section 210 - Functions of adoption societies
The functions of an adoption society shall be—
(a) to make such inquiries and investigations, and to cause such reports as shall be prescribed or as the Court may direct, to be obtained for the...
- 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)—
(a) any adopter or any parent or guardian of a child who receives any payment or other reward in consideration of the adoption of a child under this Act; or
(b) any...
- Section 213 - Restriction on advertisement
(1) A person shall not knowingly publish or cause to be advertised any matter indicating that—
(a) a parent or guardian of a child wishes to give up the child for adoption;
(b) a person wishes to...
- 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.
- Section 217 - Application of Criminal Procedure Code
(1) Notwithstanding the provisions of Part II of the Criminal Procedure Code, aChildren’s Court may try a child for any offence except the offence of murder.
(2) Reference to Subordinate Courts of...
- Section 218 - Assessment of a child on arrest
(1) A police officer who arrests, serves a summons or issues with a written notice to child shall notify the parent or guardian of the child and the Secretary or an authorised officer within twenty...
- Section 219 - Power to remit cases to Children’s Court
(1) Subject to any rules or directions made or issued by the Chief Justice, where it appears to a court, other than a Children’s Court, at any stage of the proceedings that a child is charged before...
- Section 220 - Rights of a child offender
(1) A child offender has the right to privacy during arrest, the investigation ofthe offence and at any other stage of the cause of the matter.
(2) A person shall not in the course of arrest,...
- Section 221 - Criminal liability of a child
(1) A person under the age of twelve years shall not be criminally responsiblefor any act or omission.
(2) A child who commits an offence while under the age of fourteen years shallbe presumed not to...
- Section 222 - Right of a child to be heard in proceedings
(1) Every child shall be afforded an opportunity to be heard in proceedings affecting the child, either directly or through a representative.
(2) Pursuant to the provisions of Article 50 of the...
- Section 223 - Detention of children
(1) Institutionalization and detention of children in conflict with the law pending trial shall be used as a means of last resort, and detention pending trial shall, as far as is reasonably...
- Section 224 - Procedure in cases of children in conflict with the law
A child in conflict with the law may be subjected to either of the following processes—
(a) diversion in accordance with this Act; or
(b) judicial process in accordance with the Criminal Procedure...
- Section 225 - Consideration of welfare
(1) Every court in dealing with a child who is brought before it shall have regardto the best interests of the child and shall, in a proper case take steps for removing him or her from undesirable...
- Section 226 - Objects of diversion
The objects of diversion shall be to—
(a) make use of alternative methods of holding children accountable for their unlawful acts or omissions resulting in harm to other persons;
(b) promote the...
- Section 227 - When to consider diversion
(1) Notwithstanding any provision of this Act or any other written law, any authorised officer or judicial officer dealing with any matter in which a child is suspected of, or charged with, the...
- Section 228 - Preliminary inquiry
(1) A preliminary inquiry shall be held in respect of every child prior to plea in accordance with rules made under this section, except where the child is below the age of twelve years, or the matter...
- Section 229 - Determination of a child’s age
If the age of a child is uncertain, the magistrate shall estimate the child’s age based on—
(a) a previous determination of age by a magistrate under this Act or any other written...
- Section 230 - Levels of diversion
(1) The Magistrate conducting the preliminary inquiry contemplated undersection 228 may apply any of the diversion options under this section to a child who is eligible for diversion.
(2) There shall...
- Section 231 - Power of Court in diversion
Upon ordering diversion, the magistrate conducting the inquiry or proceedings shall identify a children’s officer, a probation officer, or any other suitable person to monitor the child's compliance...
- Section 232 - Family Group Conference
(1) If a child has been referred to appear at a family group conference, a children officer appointed by the magistrate conducting the inquiry shall, within at least fourteen days, but not more than...
- Section 233 - Assistance to child offender in court
The Children’s Court shall at the commencement of the proceedings in court, inform the child in a language that the child understands of—
(a) the right to remain silent;
(b) the right to have a...
- Section 234 - Rules
The Chief Justice shall make Court rules of practice and procedure in diversion.
- Section 235 - Guarantees to a child accused of an offence
Every child accused of having violated any rule of law shall—
(a) be promptly and directly informed of the charges against him or her;
(b) be provided by the state with legal assistance in the...
- Section 236 - Duty to provide for the welfare of a child
(1) In dealing with a child brought before it, the Court shall have regard to thebest interest of the child, and shall take appropriate steps to remove the child from any undesirable surroundings, and...
- Section 237 - Words "conviction" and "sentence" not to be used of child
(1) The words "conviction" and "sentence" shall not be used in relation to achild being dealt with by the Children’s Court.
(2) Without prejudice to the generality of subsection (1), any reference in...
- Section 238 - Restriction on punishment
(1) No court shall order the imprisonment of a child.
(2) Notwithstanding the nature of any offence punishable by death, no courtshall impose the death penalty on a child on a finding of guilty for...
- Section 239 - Methods of dealing with children in conflict with the law
(1) Where a child is tried for an offence, and the Court is satisfied as to their guilt, the Court may deal with the case in one or more of the following ways— (a) discharge the child under section...
- Section 240 - Mental treatment
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- Section 241 - Power to order parent to pay fines, etc.
(1) In any case where a child is charged with an offence for which a fine, compensation or costs may be imposed, and the Court is of the considered view that the case would best be met by imposition...
- Section 242 - Special police unit
A special police unit shall be designated by the Inspector General to—
(a) deal with children matters;
(b) prevent and control child offences;
(c) apprehend child offenders;
(d) investigate child...
- Section 243 - Proceedings in respect of offences committed by a child
The Chief Justice may make rules of court directing the manner in which proceedings in respect of a child accused of having infringed any law shall be conducted.
- Section 244 - Appeals to the Cabinet Secretary
(1) A person aggrieved by any act of the Secretary or an authorised officerin exercise of powers conferred by this Act may appeal to the Cabinet Secretary within fourteen days.
(2) An appeal under...