- Section 41 of The Children Act CAP 141: Establishment of National Council for Children’s Services
(1) There is established a Council to be known as the National Council forChildren’s Services, which shall be a body corporate with perpetual succession and a common seal.
(2) The Council shall be capable, in its corporate name, of—
(a) suing and being sued;
(b) taking, purchasing or otherwise...
- Section 42 of The Children Act CAP 141: Functions of the Council
The National Council for Children Services shall—
(a) be the central authority for the purposes of the Hague Convention on
Inter-Country Adoptions;
(b) advise the Cabinet Secretary on matters relating to child protection;
(c) collaborate with relevant state departments, state and non-state...
- Section 43 of The Children Act CAP 141: Composition of the Council
(1) The Council shall consist of—
(a) a Chairperson appointed by the President;
(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to children services or a representative;
(c) the Principal Secretary for the time being responsible for matters relating...
- Section 44 of The Children Act CAP 141: Term of Office.
(1) The Members of the Council appointed under section 43 (1) (a), (e) and (f) shall hold office for term of three years, and shall be eligible for reappointment for one further term of three years.
(2) The Members, other than the Chief Executive Office, shall serve on a parttime basis.
- Section 45 of The Children Act CAP 141: Vacancy of office of chairperson and members
(1) The office of the Chairperson or member of the Council shall become vacantif the holder— (a) dies;
(b) resigns from office by notice in writing addressed to the respective appointing Authority specified in section 41; or
(c) is removed from office under any of the circumstances specified in...
- Section 46 of The Children Act CAP 141: Remuneration of members of the council
The Council shall pay its members such remuneration or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine.
- Section 47 of The Children Act CAP 141: Committees of the Council
(1) The Council may, from time to time, establish committees for the bettercarrying out of its functions.
(2) The Council may engage such experts or consultants as the Council may consider necessary for the effective discharge of its functions under this Act or any other written law.
- Section 48 of The Children Act CAP 141: Staff of the Council
(1) There shall be a Chief Executive Officer of the Council who shall be competitively recruited and appointed by the Council and whose terms and conditions of service shall be determined by the Council on advice of the Salaries and Remuneration Commission.
(2) A person shall be qualified for...
- Section 49 of The Children Act CAP 141: The common seal of the Council
(1) The seal of the Council shall be such device as may be determined by theCouncil and shall be kept in the custody of the Chief Executive Officer, and shall not be used except on the order of the Council.
(2) The affixing of the seal shall be authenticated by the chairperson and theChief...
- Section 50 of The Children Act CAP 141: Protection from personal liability
(1) A matter or thing done by a member of the Council or any officer, staff oragent of the Council shall not render such member, officer, staff or agent personally liable for any action, claim or demand whatsoever if the matter or thing is done in good faith for executing the functions, powers or...
- Section 51 of The Children Act CAP 141: Proceedings against the Council
(1) Any proceedings against the Council shall be deemed to be proceedingsagainst the national government, and shall be subject to the Government Proceedings Act (Cap. 40) and the Public Authorities Limitations Act (Cap. 39).
(2) Any notice or other processes in respect of legal proceedings...
- Section 52 of The Children Act CAP 141: Powers of the Council
The Council shall, for the purpose of carrying out its functions, have power to do all such acts and things as appear to it to be requisite, advantageous or convenient for or in connection with the carrying out of its functions or incidental to their proper discharge, and may carry out any...
- Section 53 of The Children Act CAP 141: Regulations by the Council
The Council may, with the approval of the Cabinet Secretary, make regulations for the effective discharge of its functions.
- Section 54 of The Children Act CAP 141: County Children Advisory Committees
(1) The Council may, for the better performance of its functions, establish such County Children Advisory Committees as it may deem necessary for the proper discharge of its functions at the County level in accordance with this Act.
(2) The County Children Advisory Committees shall be comprised of...
- Section 55 of The Children Act CAP 141: Sub-County Children Advisory Committees
(1) The Council shall establish, in relation to every sub-county, subcounty children advisory committees, whose functions shall be to advice the County Children Advisory Committees on, and make recommendations for, the implementation of such child welfare programmes as may be necessary for the...
- Section 56 of The Children Act CAP 141: Funds of the Council
(1) The funds of the Council shall consist of—
(a) monies appropriated by Parliament for purposes of the Council;
(b) grants, gifts, donations or other endowments given to the Council; and
(c) such funds as may vest in or accrue to the Council in the performance of its functions under this Act or...
- Section 57 of The Children Act CAP 141: Annual estimates
(1) Before the commencement of each financial year, the Council shall cause tobe prepared estimates of the revenue and expenditure of the Council for that year.
(2) The annual estimates of the Council shall make provision for all theestimated expenditure of the Council for the financial year...
- Section 58 of The Children Act CAP 141: Financial year of the Council
The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year.
- Section 59 of The Children Act CAP 141: Accounts and Audit
(1) The Council shall cause to be kept all proper books and records of accountof the income, expenditure, assets and liabilities of the Council.
(2) Within a period of three months after the end of each financial year, theCouncil shall submit to the Auditor-General the accounts of the Council in...
- Section 60 of The Children Act CAP 141: Annual Reports of the Council
(1) The Council shall, in each financial year, prepare and submit to the Cabinet
Secretary its annual report containing— (a) the financial statements of the Council;
(b) a description of the activities of the Council;
(c) recommendations on specific actions to be taken in, furtherance of the...
- Section 61 of The Children Act CAP 141: The Role of County governments
(1) In the discharge of the functions specified in Part II of the Fourth Scheduleto the Constitution, every county government shall—
(a) provide or facilitate the provision of pre- primary education; and (b) provide or facilitate the provision of childcare facilities.
(2) Every county government...
- Section 62 of The Children Act CAP 141: County government welfare schemes
A county government may, either by itself or jointly with other county governments, and in consultation with the Council, establish welfare schemes to provide or facilitate the provision of childcare facilities and programmes for children including children with disabilities.
- Section 63 of The Children Act CAP 141: Establishment of children rescue centres
(1) The Cabinet Secretary shall, in consultation with the Council and by notice in the Gazette, establish children rescue centres in every county for the temporary care of children in need of care and protection pending placement in alternative care or other interventions under the Act.
(2) A child...
- Section 64 of The Children Act CAP 141: Establishment of child protection units
(1) The Inspector-General shall establish child protection units in every policestation for the purposes of providing, on a temporary basis, a safe and nonthreatening environment for children in conflict with the law.
(2) The Secretary may inspect children protection units established...
- Section 65 of The Children Act CAP 141: Charitable Children’s Institutions
(1) No person shall register or operate a Charitable Children’s Institution except as provided in law.
(2) The Council shall—
(a) keep and maintain a register of all Charitable Children’s Institutions registered or approved by the Council prior to the commencement of this Act;
(b) prescribe the...
- Section 66 of The Children Act CAP 141: Manager and Staff of Charitable Children’s Institution
(1) A person operating a Charitable Children’s Institution shall appoint or designate−
(a) a duly qualified person as the manager of the institution; and
(b) a sufficient number of staff or other appropriate personnel to assist in the administration of the institution.
(2) A person is qualified...
- Section 67 of The Children Act CAP 141: Overriding objectives of charitable children’s institutions
(1) The main objective for the establishment of charitable children’s institution shall be to provide family- based care for all children in accordance with the national policy for the promotion and protection of the rights of the child.
(2) The placement of a child in a Charitable Children’s...
- Section 68 of The Children Act CAP 141: Certain institutions not deemed to be Charitable Children’s Institutions
(1) For the purposes of this Act, a "Charitable Children Institution" does notinclude—
(a) a rehabilitation school established by the Cabinet Secretary under section 78;
(b) a children’s rescue centre established by the Cabinet Secretary under section 63;
(c) a school within the meaning of the...
- Section 69 of The Children Act CAP 141: Change of user of institutions
(1) Any registered Charitable Children’s Institution may change user of theinstitution by making an application to the Council for approval of the proposed change at least six months prior to the date the proposed change is to take effect.
(2) On receipt of an application under subsection (1), the...
- Section 70 of The Children Act CAP 141: Criteria for approval of programmes
(1) A Charitable Children’s Institution shall not administer any child welfareprogramme under this Act without the prior written approval of the Council.
(2) The Council shall make regulations setting out the criteria for approval ofchild welfare programmes administered by charitable children’s...