Section 208 of The Children Act CAP 141: 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 duly registered as an adoption society in accordance with this Act.
(2) An application for registration of an adoption society under this Act shall be made to the Secretary in the manner prescribed in regulations.
(3) Where an application is made, the Secretary shall refer the matter to the
Council which may—
(a) approve the application for registration;
(b) refuse the application for registration on the ground that—
(i) a person taking part in the management or control of the society or a member of the society has been convicted of an offence under this Part, or has been guilty of breach of any regulations made under this Part; or
(ii) it would not be in the public interest to approve the application, having regard to the number of duly registered adoption societies for the time being in active operation in the applicant’s local limits.
(4) Where an application for registration is refused, no further application for registration of the adoption society may be made under this section within a period of six months with effect from the date on which the applicant is notified of the refusal.
(5) Where the Council approves the registration of an adoption society, theCouncil to issue a Certificate of Registration in the prescribed form.
(6) The Certificate of Registration issued under this section shall be valid fora period of twelve months from the date of registration and liable to review by the Council at the end of the term of registration whereupon the Committee shall recommend to the Council that the registration be either renewed for a further term of twelve months or cancelled with immediate effect.
(7) An appeal against the decision of the Council to recommend refusal orcancellation of the registration of an adoption society shall lie to the Cabinet Secretary.
(8) A person aggrieved by the decision of the Cabinet Secretary under subsection (7) may institute legal proceedings in court.
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- 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
If it appears to the Court on the evidence of a medical practitioner or professional counsellor that a child requires, or may benefit from, mental treatment or professional counselling, the Court may,...
- 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...
- Section 245 - Code of conduct
The Council shall develop a code of conduct for its members and staff.
- Section 246 - General penalty
A person convicted of an offence under this Act for which no other penalty is prescribed shall be liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding two hundred...
- Section 247 - General power to make regulations
Subject to the provisions of this Act, the Cabinet Secretary may make regulations—
(a) to prescribe anything that may be prescribed under this Act; or
(b) generally for the better carrying out of...
- Section 248 - Grants and expenses of the Cabinet Secretary
(1) There shall be paid out of moneys provided by Parliament and County governments—
(a) such sums on such conditions as the Cabinet Secretary may prescribe towards—
(i) the expenses incurred by...
- Section 249 - Repeals
(1) The Children Act (No. 8 of 2001) is repealed.
(2) Without prejudice to the generality of the application of section 3 of the Interpretation and General Provisions Act (Cap. 2), the transitional...