- 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...
- Section 161 of The Children Act CAP 141: Escape from institutions, etc.
(1) A child who escapes from a fit person, charitable children’s institution to whose care the child has been entrusted under this Act, or from any person or institution with whom the child has been placed by a charitable children’s institution, or under any regulations made under this Act, may be...
- Section 162 of The Children Act CAP 141: Duty of Charitable children’s institutions and County Public Entities
(1) Where a child escapes from any person or institution with whom or withwhich the child has been placed by a charitable children’s institution or county public entity, the manager, person in charge of the institution or other authorised officer of such institution or authority...
- Section 163 of The Children Act CAP 141: Escape from children’s remand home or rehabilitation school
(1) Any child who escapes from a children’s remand home or while being escorted thereto or therefrom, may be apprehended without warrant and dealt with in accordance with section 157.
(2) Any child who has been committed to a rehabilitation school and who—
(a) escapes from such school or from any...
- Section 164 of The Children Act CAP 141: Aiding escape, etc.
Any person who willfully and knowingly— (a) aids or induces a child—
(i) to run away from a fit person, a charitable children’s institution, children remand home or a rehabilitation institution or authorised person to whose care the child has been committed, or from any person or institution with...
- Section 165 of The Children Act CAP 141: Production of escaped child
(1) If a Children’s Court is satisfied by information on oath that there arereasonable grounds for believing that a child has escaped or done any of the things specified in section 163, and that some other person named in the information is in a position to produce the child, the Court may issue...
- Section 166 of The Children Act CAP 141: Presumption and determination of age
(1) Where a person appears before any Court for the purpose of givingevidence, and it appears to the Court that the accused, the victim or complainant to whom the proceeding relates is under eighteen years of age, the Court shall inquire as to the age of the accused, victim or complainant, and shall...
- Section 167 of The Children Act CAP 141: Contribution order not to be made in certain cases
Where a Court makes an order placing a child under the care of a rehabilitation school, the court shall not make a contribution order requiring a parent or guardian of the child to contribute any sums of money towards the maintenance of the child.
- Section 168 of The Children Act CAP 141: Inter-country reciprocity.
(1) The Cabinet Secretary may enter into an agreement with the government of any other country or territory on such terms and conditions as the Cabinet Secretary may think fit, under which a child who has been ordered by a Court under the provisions of this Act to be sent to a rehabilitation school...
- Section 169 of The Children Act CAP 141: Bonds
The provisions of the Criminal Procedure Code with respect to bonds for good behaviour, including the provisions as to their enforcement, shall apply to bonds entered into under this Part.
- Section 170 of The Children Act CAP 141: Objectives of foster care placement
(1) The overriding objectives of foster care placement are—
(a) to protect and nurture children in need of care and protection by providing a safe, healthy environment with wholesome support;
(b) to promote long term parental care, with the goal of family reunification in the first...
- Section 171 of The Children Act CAP 141: Restrictions on periods of foster care
(1) In this Part, "foster care" includes—
(a) placement of a child in foster care on short term basis for a period not exceeding three years— (i) in situations of emergency;
(ii) where the child is found abandoned; or
(iii) where the child is in need of care and protection; or
(b) placement of a...
- Section 172 of The Children Act CAP 141: Conditions for foster care placement
(1) For the purposes of this Part, a child may be placed under foster care either on the direct intervention of the Secretary or pursuant to an order of the Court, and such placement shall, in the first instance, be home based.
(2) Where a child has, by virtue of a care order, been committed to a...
- Section 173 of The Children Act CAP 141: Application for foster care
(1) Any person wishing to foster a child shall make an application to the Secretary in the prescribed form.
(2) On receipt of the application referred to in subsection (1), the Secretary shall conduct due diligence, including ascertaining the criminal liability of the prospective foster parent, and...
- Section 174 of The Children Act CAP 141: Persons qualified to foster children
(1) Any of the following persons may apply to be appointed a foster parent or foster parents—
(a) spouses of a marriage where one or both the spouses are between twenty-five and sixty-five years of age;
(b) a single woman of between twenty-five and sixty-five years of age; or (c) a single man of...
- Section 175 of The Children Act CAP 141: Conditions for foster care
The Secretary shall not authorize foster care placement of a child if it is shown to the satisfaction of the Secretary that the application has not been done following the procedure set out in rules made under this Act.
- Section 176 of The Children Act CAP 141: Limitation on the number of children placed under foster care in a household
Not more than four children may be placed in foster care with a single person or two persons in the same household, except where— (a) the children are siblings or blood relatives; or
(b) the Secretary is of the view that, in the circumstances of any particular case, such placement is in the best...
- Section 177 of The Children Act CAP 141: Records of foster care placements
(1) A person shall not, for the purposes of fostering a child, retain in his care andcustody a child whose parent, custodian or guardian cannot be readily identified, without first notifying the Secretary.
(2) Every registered Charitable Children Institution undertaking foster careplacement in...
- Section 178 of The Children Act CAP 141: Agreement for maintenance of foster child
(1) The Secretary may, on the application of a foster parent or the parentor guardian of a child, direct that an agreement be made between the foster parent and the parent or guardian of a child placed in foster care stipulating the maintenance payable by such parent or guardian for the child’s...
- Section 179 of The Children Act CAP 141: Termination of foster care
(1) Any foster care placement made under this Part may be terminated on the written direction of the Secretary if the termination is, in the Secretary’s opinion, in the best interest of the child.
(2) Before directing the termination of any foster care placement of a child, the Secretary shall take...
- Section 180 of The Children Act CAP 141: Penalty for contravening provisions of this Part
A person who, without reasonable cause, contravenes any of the provisions of this Part commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both.
- Section 181 of The Children Act CAP 141: Regulations
The Cabinet Secretary shall make regulations for the better carrying out of the provisions of this Part.