- Section 122 of The Children Act CAP 141: Appointment of guardian
(1) In this Part,
"guardian" means a person appointed by will or deed by a parent of a child or by an order of Court to assume parental responsibility over a child on the death of the parent of the child either alone or jointly with the surviving parent of the child in accordance with the...
- Section 123 of The Children Act CAP 141: Rights of surviving parent as to guardianship and power of Court
(1) On the death of the father of a child, the mother, if surviving, shall be theguardian of the child either alone or jointly with the guardian appointed by the father if any, but if no guardian has been appointed by the father, or the guardian appointed by the father is dead or refuses to act, the...
- Section 124 of The Children Act CAP 141: Appointment of testamentary guardian
(1) Either parent of a child may, by will or deed, appoint any person to be the guardian of the child after that parent’s death.
(2) The guardian of a child may, by will or deed, appoint another person to act in his or her place as the guardian of the child in the event of such guardian’s...
- Section 125 of The Children Act CAP 141: Appointment of guardian by the Court
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in the prescribed form in any of the following circumstances—
(a) where the child’s parents are deceased or cannot be found, and the child has no guardian...
- Section 126 of The Children Act CAP 141: Customary guardianship
(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in accordance with the customs, culture or tradition of a specific community in the manner prescribed—
(a) where the child’s parents are deceased or...
- Section 127 of The Children Act CAP 141: Extension of appointment of guardian beyond child’s eighteenth birthday
(1) The appointment of a guardian shall expire upon the child attaining the age of eighteen years, unless exceptional circumstances exist that would require a court to make an order that appointment be extended.
(2) The exceptional circumstances referred to in subsection (1) are that the child...
- Section 128 of The Children Act CAP 141: Revocation or disclaimer of appointment
(1) The appointment of a guardian under section 122 revokes any earlier appointment including an agreement made in an unrevoked will or codicil made by the same person in respect of the same child, unless it is clear, whether as the result of an express provision in the later appointment or by...
- Section 129 of The Children Act CAP 141: Dispute between guardians
(1) Where two or more persons acting as joint guardians to a child, or where thesurviving parent and a guardian acting jointly, fail to agree on any matter concerning the welfare of the child, any of them may apply to the Court for directions in that regard, and the Court may make such orders...
- Section 130 of The Children Act CAP 141: Powers of guardian
A guardian appointed under section 122 and 126 shall have the same powers over the child, or over the estate of a child, as a guardian appointed by deed or will or otherwise under the Law of Succession Act (Cap. 160).
- 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...