Section 230 of The Children Act CAP 141: 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 be three levels of diversion ranging from the lowest to the highest option as follows—
(a) level one diversion options which shall include—
(i) an oral or written apology to a specified person or persons;
(ii) a formal caution in the prescribed manner with conditions;
(iii) placement under a supervision and guidance order for a period not exceeding three months;
(iv) placement under a reporting order for a period not exceeding three months;
(v) placement under a family time order for a period not exceeding three months;
(vi) placement under a good-behaviour order for a period not exceeding three months;
(vii) the issue of an order prohibiting the child from visiting, frequenting or appearing at a specified place or places;
(viii) referral to counselling or psychotherapy for a period not exceeding three months;
(ix) compulsory attendance at a specified centre or place for a specified or educational purpose for a period not exceeding five hours each week, for a maximum of three months;
(x) symbolic restitution to a specified person, persons, group or
institution;
(xi) restitution of a specified object to a specified victim or victims of the alleged offence where the object concerned can be returned or restored; or
(xii) such other diversion options as may be prescribed in Regulations;
(b) level two diversion options which shall include—
(i) the options referred to under paragraph (a) but the maximum periods contemplated in that subsection shall, for the purposes of this subsection, be extended to six months;
(ii) compulsory attendance at a specified centre or place for a specified vocational or educational purpose for a period not exceeding eight hours each week, for a period not exceeding six months;
(iii) performance of community service in accordance with the provisions of the Community Service Orders Act (Cap. 93);
(iv) provision of a specified sum or benefit to a specified victim or victims;
(v) payment of compensation up to a maximum of five thousand shillings to a specified person, persons, group or institution;
(vi) referral to appear at a family group conference; or
(vii) a combination of any two or more of the options specified in this subsection;
(c) level three options which shall include—
(i) the options referred to in paragraph (b), but the maximum periods contemplated in that subsection shall, for the purposes of this subsection, be extended to twelve months;
(ii) referral to a programme that does not exceed six months, and which has a residential element that does not exceed thirty five days in total, and twenty-one consecutive days during the operation of the programme;
(iii) performance of some service without remuneration for the benefit of the community in accordance with the Community Service Orders Act (Cap. 93); or
(iv) compulsory attendance at a specified centre or place for a specified vocational or educational purpose for a period not exceeding six months, and for not more than thirty-five hours in any one week.
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- 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...