- Section 1 of The Children Act CAP 141: Short title
This Act may be cited as the Children Act.
- Section 2 of The Children Act CAP 141: Interpretation
In this Act, unless the context otherwise requires—
"abandoned" in relation to a child, means a child—
(a) who has been deserted by the parent, guardian or caregiver; or
(b) whose parent, guardian or care giver has wilfully failed to make contact with the child for a period of more than six...
- Section 3 of The Children Act CAP 141: Objects of the Act
The objectives of this Act are to—
(a) give effect to the provisions of Articles 27, 47, 48, 49, 50, 51 and 53 of the Constitution on matters relating to children; and
(b) give effect to the State’s obligations concerning the wellbeing of children in accordance with the general rules of...
- Section 4 of The Children Act CAP 141: Conflict of laws
(1) This Act shall prevail in the case of any inconsistency between this Act andany other legislation on children matters.
(2) Despite subsection (1), a provision in another legislation on children mattersmay prevail if it offers a greater benefit in law to a child.
(3) A judicial or...
- Section 5 of The Children Act CAP 141: Realization of the rights of the child
(1) The State shall take measures to progressively achieve the full realizationof the rights of the child set out in this Part.
(2) The Cabinet Secretary shall ensure development, review andimplementation of relevant policies, laws and programs to give effect to subsection (1).
- Section 6 of The Children Act CAP 141: Survival and development of the child
(1) Every child shall have the right to life, survival, wellbeing, protection anddevelopment.
(2) For the purposes of subsection (1), no court shall pass a death sentencefor any offence committed by a child.
- Section 7 of The Children Act CAP 141: Name and nationality
(1) Every child shall have a right to a name and nationality and, as far aspossible, the right to know and be cared for by their parents.
(2) Every child has the right to be registered in the Register of Birthsimmediately after birth in accordance with the Births and Deaths Registration Act (Cap....
- Section 8 of The Children Act CAP 141: Best interests of the child
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies—
(a) the best interests of the child shall be the primary consideration;
(b) the best interests of the child shall include,...
- Section 9 of The Children Act CAP 141: Non-discrimination
(1) No person shall discriminate against a child on the grounds of age, origin,sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection or any other...
- Section 10 of The Children Act CAP 141: Differential treatment not discriminatory
(1) Notwithstanding sections 8 and 9, differential treatment of a child whichis intended to protect the best interest of the child shall not be deemed to be discrimination against the child.
(2) No differential treatment shall limit any rights of the child under this Act or under the...
- Section 11 of The Children Act CAP 141: Right to parental care
(1) Every child has the right to parental care and protection.
(2) Except as is otherwise provided under this Act, every child has the right to live with his or her parents.
(3) Despite subsection (2), a child may be separated from his or her parents where the Court or the Secretary determines...
- Section 12 of The Children Act CAP 141: Right to social security
(1) Every child whose parent or guardian is unable to maintain the child has the right to social security as guaranteed by Article 43(3) of the Constitution.
(2) Without prejudice to the generality of subsection (1), "social security "includes alternative care services provided under this Act, and...
- Section 13 of The Children Act CAP 141: Right to basic education
(1) Every child has the right to free and compulsory basic education inaccordance with Article 53(1)(b) of the Constitution.
(2) It shall be the responsibility of every parent or guardian to present foradmission or cause to be admitted his or her child, as the case may be, to a basic education...
- Section 14 of The Children Act CAP 141: Right to leisure, recreation and play
(1) In addition to the right to basic education guaranteed under section 13,every child shall be entitled to leisure, play and participation in non-harmful cultural and artistic activities.
(2) It shall be the responsibility of the government and of every parent or guardian to permit and facilitate...
- Section 15 of The Children Act CAP 141: Religion and religious education
(1) Every child shall have the right to freedom of thought, conscience, religionand religious education subject to appropriate parental guidance, and in the best interest of the child.
(2) The religious guidance and education provided to a child under this sectionshall not in any way limit or...
- Section 16 of The Children Act CAP 141: Right to healthcare
(1) Every child shall have the right to the highest attainable standard of healthcare services in accordance with Article 43 of the Constitution:
Provided that the provisions of reproductive health services to children shall be subject to the express consent of the parent or guardian.
(2) Without...
- Section 17 of The Children Act CAP 141: Right to inheritance
(1) Every child shall have the right to inherit property in accordance with the Law of Succession Act (Cap. 160).
(2) Subject to the Law of Succession Act (Cap. 160)—
(a) every child shall be entitled to equal treatment and protection, and to the benefit of the law; and
(b) no person shall...
- Section 18 of The Children Act CAP 141: Protection from child labour
(1) No person shall subject a child to child labour, domestic servitude, economic exploitation or any work or employment which is hazardous, interferes with the child’s education or is likely to be harmful to the child’s health or physical, mental, moral or social development.
(2) For the purposes...
- Section 19 of The Children Act CAP 141: Protection from armed conflicts
(1) No person shall subject a child to hostilities, social strife or recruitment inarmed conflict, whether internal or cross border.
(2) In situations of armed conflict, the state shall establish mechanisms forthe protection, care and respect of the rights of the child recognized under the...
- Section 20 of The Children Act CAP 141: Rights of children with disabilities
(1) A child with disability shall, in addition to the rights guaranteed underthe Constitution, have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education and training free of charge.
(2) In addition to the right under subsection (1), a child...
- Section 21 of The Children Act CAP 141: Rights of intersex children
An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.
- Section 22 of The Children Act CAP 141: Protection from abuse, etc.
(1) No person shall subject a child to—(a) psychological abuse; or (b) child abuse.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding two million shillings, or to...
- Section 23 of The Children Act CAP 141: Protection from harmful cultural practices, etc.
(1) No person shall subject a child to—
(a) in the case of a male child, forced circumcision;
(b) female genital mutilation;
(c) child marriage;
(d) virginity testing;
(e) girl child beading;
(f) except with the advice of a medical geneticist, organ change or removal in case of an intersex...
- Section 24 of The Children Act CAP 141: Protection from drugs and substance abuse
(1) No person shall subject a child to—
(a) the use of hallucinogens, narcotics, alcohol, tobacco products, glue, psychotropic drugs or any other drugs that may be declared harmful by the Cabinet Secretary responsible for matters relating to health; or
(b) involvement in the production,...
- Section 25 of The Children Act CAP 141: Right to freedom from torture etc.
(1) Every child has the right to freedom from torture and cruel, inhumanor degrading treatment or punishment as provided under Article 25 (a) of the Constitution.
(2) The assignment of any task or infliction of punishment by way of penaltyfor any offence committed by a child under any law shall not...
- Section 26 of The Children Act CAP 141: Detention of children in conflict with the law
(1) A child shall not be deprived of his or her liberty or otherwise treated in a manner contrary to Articles 29 (f) and 51 of the Constitution, except in accordance with the Persons Deprived of Liberty Act (Cap. 90A).
(2) Children deprived of liberty, detained or held in custody or committed to an...
- Section 27 of The Children Act CAP 141: Privacy
hisor her privacy, family or private affairs, or correspondence, or to attacks upon his or her honour or reputation.
(2) Without prejudice to the generality of subsection (1), parents or legalguardians shall have the right to exercise reasonable supervision over the conduct of their...
- Section 28 of The Children Act CAP 141: Right to assemble, demonstrate, petition and participate in public life
(1) Every child has the right, peaceably and unarmed, to assemble, demonstrate or present petitions to public authorities, and to freely participate in matters affecting children through lawfully established forums, associations, and assemblies at the national and county levels.
(2) The right of a...
- Section 29 of The Children Act CAP 141: Enforcement of rights under this Part
(1) Any person may institute court proceedings claiming that any right or fundamental freedom of the child protected under this Part has been denied, violated or infringed, or is threatened.
(2) Without prejudice to the generality of subsection (1), court proceedings maybe instituted by—
(a) a...
- Section 30 of The Children Act CAP 141: Duties and responsibilities of a child
In the applications of the provisions of this Act and in any matter before a court of law concerning a child, due regard shall be had to the duties and responsibilities of a child to—
(a) work for the cohesion of the family;
(b) respect his parents, superiors and elders at all times and assist...