- Section 131 of The Children Act CAP 141: Neglect or misapplication of assets by guardian of a child’s estate
Where a guardian of the estate of a child, whether or not that guardian is also a guardian of the person of the child—
(a) neglects to recover or safeguard the estate of a child, or
(b) misplaces any asset forming part of the estate of the child, or
(c) subjects the estate to loss or damage, the...
- Section 132 of The Children Act CAP 141: Offence by guardians of a child’s estate
(1) Any guardian of the estate of a child who—
(a) willfully or recklessly neglects to receive or safeguard any asset forming part of the estate, misapplies any such asset or subjects any such asset to loss, waste or damage;
(b) willfully fails to produce to the Court, or the parent or guardian of...
- Section 133 of The Children Act CAP 141: Power of Chief Justice to make Rules
The Chief Justice shall make regulations to give effect to this Part, including rules of procedure directing the manner in which applications may be made under this Part.
- Section 134 of The Children Act CAP 141: Power of Court to make orders in certain proceedings
(1) The Court may make any order under this Act or any other written law for the protection of a child in any proceedings concerning the welfare and upbringing of the child.
(2) The persons qualified to apply for an order under this Part for the protection of a child include— (a) the...
- Section 135 of The Children Act CAP 141: Orders which Court may make
(1) The Court may from time to time where appropriate make any of the following orders—
(a) an access order, which shall require the person with whom the child is residing to allow the child to visit, or to stay periodically with the person named in the order, or to allow such person to have such...
- Section 136 of The Children Act CAP 141: Supervision order
(1) The Court may, either of its own motion or on application by any person for any order directing the care and protection of a child, make an order, in this Act referred to as a supervision order, placing the child under the supervision of a children’s officer or an authorized officer.
(2) The...
- Section 137 of The Children Act CAP 141: Power to make interim supervision order
(1) The Court may make an interim supervision order, either of its own motionor on application by any person—
(a) where the Court has reason to believe that the living conditions of the child concerned require that an interim order be made pending the submission of a welfare report prepared in...
- Section 138 of The Children Act CAP 141: Discharge of supervision order
(1) A Court which has made a supervision order or an interim supervision ordermay vary or discharge the order on application by—
(a) the child with the leave of the Court;
(b) the parents or custodian of the child or any person with parental responsibility in respect of the child;
(c) the...
- Section 139 of The Children Act CAP 141: Power of arrest
Where a Court makes an order pursuant to section 135(1) (c), (d) or (g), the Court may attach a power of arrest to the order, and the person named in the order shall be liable to arrest if he or she contravenes any stipulation or condition contained in the order while the order remains in force.
- Section 140 of The Children Act CAP 141: Penalty
Any person who contravenes an order made under section 135, or who obstructs or unlawfully interferes with a person appointed by the Court in the execution of his duties under an order made under that section, commits an offence and is liable on conviction to imprisonment for a term not exceeding...
- Section 141 of The Children Act CAP 141: Review, etc., of order
The Court may—
(a) from time to time review, vary, suspend or discharge any order made under this Part; or
(b) revive an order after the order has been suspended or discharged.
- Section 142 of The Children Act CAP 141: Interpretation
For the purpose of this Part—
"a child in need of care and protection" means a child who lives in difficult circumstances and needs to be protected from all kinds of neglect, abuse or exploitation;
"a child living on or off the streets" means a child who—
(a) because of abuse, neglect, poverty,...
- Section 143 of The Children Act CAP 141: Jurisdiction of the Court
A Children’s Court shall have jurisdiction to make an order or render judgment under this Part notwithstanding that any act, matter, thing or circumstances giving rise to such order or judgment did not occur or arise within the local limits of the jurisdiction of the Court.
- Section 144 of The Children Act CAP 141: When a child is in need of care and protection
For the purposes of this Act, a child in need of care and protection includes a child—
(a) who is an orphan and has no guardian;
(b) who has been abandoned by their parent or guardian;
(c) who is found begging, or receiving alms;
(d) who is lost and found and whose parent or guardian cannot be...
- Section 145 of The Children Act CAP 141: Proceedings in respect of children in need of care and protection
(1) Any person who has reasonable cause to believe that a child is in need of care and protection may report the matter to the nearest authorised officer, who shall take such steps as may be necessary for securing a Court order for the care and protection of the child in a place of safety or other...
- Section 146 of The Children Act CAP 141: Healthcare
(1) If it appears to an authorised officer exercising powers under section 144 that a child is in need of healthcare, the officer shall forthwith take the child to a registered health institution, and the health institution shall provide the appropriate treatment, care and necessary hospital...
- Section 147 of The Children Act CAP 141: Determination as to child’s home, etc.
(1) If a child in need of care and protection is brought before a Court, andthe Court determines that the child has a home in, or has been found in the local limits of, a particular county government entity concerned with matters relating to children, the Courts shall order that the child be...
- Section 148 of The Children Act CAP 141: Parent or guardian to be heard in any application
(1) If a child in need of care and protection is brought before the Court on anapplication by any person for orders in that regard, the parent, guardian or other person having parental responsibility over the child, has the right to be heard and may participate in the proceedings.
(2) If the parent...
- Section 149 of The Children Act CAP 141: Power of Secretary to take over application
The Director of Public Prosecutions may authorise the Secretary at any stage in the proceedings under this Act, whether before, during or after the making of any application, to take over and assume the conduct of any application or proceedings in respect of a child:
Provided that the Director of...
- Section 150 of The Children Act CAP 141: Power of Court in respect of children in need of care and protection
(1) A Court before which any child in need of care and protection is brought may require an authorised officer or any other person to give a report or professional advice on any aspect of the proceedings relating to the manner in which the child should be dealt with.
(2) If a Court is satisfied...
- Section 151 of The Children Act CAP 141: Application of trusts for maintenance of children
(1) Where a child is, by an order of the Court made under this Part, removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the child’s maintenance, the Court may order the whole or any part of the sums payable under the trust to be...
- Section 152 of The Children Act CAP 141: Penalty for cruelty to and neglect of children
(1) Any person who, having parental responsibility, custody, charge or care of any child, and who—
(a) wilfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause the child unnecessary suffering or injury to health, including injury or loss of sight, hearing, limb or organ of...
- Section 153 of The Children Act CAP 141: Care order and grounds thereof
(1) In this section "care order" means an order entrusting the care, control and custody of the child to a person other than the parent, guardian or custodian of the child, or an institution appointed by the Court.
(2) A Court may make a care order in respect of a child only if it is satisfied...
- Section 154 of The Children Act CAP 141: Access to children in care
(1) In determining the terms of a care order, the Court may—
(a) consider any prior arrangements made by the Secretary for allowing any person access to the child during the period within which the care order remains in force;
(b) grant leave to any person to make submissions in the proceedings to...
- Section 155 of The Children Act CAP 141: Power to make interim care order
(1) A Court may, either of its own motion or on application by any person, make an interim care order on any of the grounds specified in section 153 (2).
(2) Without prejudice to the generality of subsection (1), a Court may make an interim care order where—
(a) the substantive application for a...
- Section 156 of The Children Act CAP 141: Discharge of care order
(1) A care order or interim order may be discharged—
(a) by the making of an adoption order in respect of the child;
(b) in any case where the care order was not made in respect of the child by reason of the child having been found guilty of a criminal offence under Part XV; or
(c) by the making...
- Section 157 of The Children Act CAP 141: Care on committal to a rehabilitation school, etc.
(1) Where the Court makes a care order directing that a child be committed to a rehabilitation school on being found guilty of an offence, the committal order shall specify the grounds on which the order is made and shall— (a) contain a declaration as to the age and religion of the...
- Section 158 of The Children Act CAP 141: Transmission of committal order
The Court making a care order under this Part in relation to a child committed to a rehabilitation school shall direct that the order be delivered to the manager of the rehabilitation school together with a record in the prescribed form of such information regarding the child as the Court may...
- Section 159 of The Children Act CAP 141: Escort of a child to a rehabilitation school
(1) Where a person authorised to escort a child to a rehabilitation school is unable to find or obtain custody of the child, the Court may, if satisfied by information on oath that a person named in the information is in a position to produce the child, issue a summon requiring the specified person...
- Section 160 of The Children Act CAP 141: Harbouring or concealing a child
Where a child has been placed under care in a rehabilitation school, any person who harbours or conceals the child after the time fixed for the child to enter the rehabilitation school, commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not...