This Is An Act Of Parliament Enacted To:
This is created under Section 32 of the Act to exercise general supervision and control over the planning, financing and co-ordination of child rights and welfare activities and to advise the Government on all aspects thereof.
Under Section 22, the Act provides that where the rights of a child are being or are likely to be contravened any person may apply to the High Court for redress on behalf of that child. Thereafter the court may make any orders it deems necessary to enforce the said rights. The Chief Justice may make rules to govern the court with respect to this matter.
Section 21 provides that every Child has a duty to:
Work for the cohesion of the family
Respect his parents, superiors and elders at all times and assist them in case of need
Serve his national community by placing his physical and intellectual abilities at its service
Preserve and strengthen social and national solidarity
Preserve and strengthen the positive cultural values of his community in his relations with other members of that community
This may however be varied considering the age and ability of a child and such other limitations contained in this Act.
Parental responsibility refers to all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child. (Section 23)
Section 24 of the Act provides that:
Where parents were married at birth of the child or have thereafter married;
Where parents were never married;
Under Section 28, the Court may extend parental responsibility in respect of a child beyond the age of 18 years. This is where it is satisfied that special circumstances exist with regard to the welfare of the child to make this extension necessary. The application is done after the child turns 18. This order may be applied for by;
Court may also make this order without such application.
The establishment of Rehabilitation Schools is provided for under section 47 of the Act.
The purpose of rehabilitation schools is to provide accommodation and facilities for the care and protection of children.
When a Children’s Court gives a committal order to that effect.
By application of Director of the school to children’s court for revocation of the committal order
Kabete Rehabilitation School
Nairobi Children’s Home
Getathuru Rehabilitation School
Dagoretti Rehabilitation School
Kirigiti Rehabilitation School
Wamumu Rehabilitation Centre
Othaya Rehabilitation Centre
Likoni Rehabilitation Centre
Kericho Rehabilitation Centre
Kakamega Rehabilitation Centre
A charitable children’s institution is a home or institution which has been established by a person, corporate or unincorporated, a religious organisation or a non-governmental organisation and has been granted approval by the Council to manage a programme for the care, protection, rehabilitation or control of children (Section 58).
Purpose and function of the institution is to manage a programme for the care, protection, rehabilitation or control of children.
A child leaves the institution when his guardian or parent applies to the Director for his release - Section 63 (2) (a)
Children’s court is a court established under section 73 of the Act to;
Custody with respect to a child, refers to the parental rights and duties relating to the possession of a child
Custody of a child may be granted to: (section 82)
The following are the Principles guiding Court in making a custody order (Section 83)
Where can an order for Joint Maintenance be made - section 90
Court considerations in granting maintenance for a child born outside marriage – section 94
This is an agreement entered into by the parents, guardians or custodians of a child, whether oral or written in respect of the maintenance of the child.
The court may, upon application, vary the terms of the agreement if it is satisfied that such variation is reasonable and in the best interests of the child
A guardian is a person appointed by will or deed by a parent of the child or by an order of the court to assume parental responsibility for the child upon the death of the parent of the child either alone or in conjunction with the surviving parent of the child or the father of a child born out of wedlock who has acquired parental responsibility for the child in accordance with the provisions of this Act.
How and when a guardian is appointed
Rights and responsibilities of a guardian appointed in respect of a child
To assume parental responsibility for the child upon the death of the parent of the child either alone or in conjunction with the surviving parent of the child
Rights and responsibilities of a guardian appointed in respect of the estate only
How and when a guardian can be removed –section 106
(a) any parent or guardian; or
(b) the child concerned, with the leave of the court; or
(c) a relative of the child
Under Section 119, a child in need of care and protection is a child;
Proceedings in respect of such children – section 120
Such institution or authority is entitled to recover the cost of maintaining the child from his parent, guardian or the person who has responsibility for the child.
Foster care placement refers to the placing of a child with a foster parent by the director or manager of an institution where a child been committed to a rehabilitation school or to a charitable children’s institution. (Section 147)
Who can be a foster parent? – Section 148
Residents of Kenya (for at least 1 year) who are;
Duties and responsibilities of a foster parent are the same responsibilities in respect of the child’s maintenance as if he were the parent of the child. Section 147 (3)
Adoption is the vesting of parental rights and duties relating to a child in the in a person, who is called an adopter.
Children who can be adopted- section 157
Child resident in Kenya may be adopted as long as the said child has been in the continuous care and control of the applicant within the Republic for a period of three consecutive months preceding the filing of the application.
Qualifications to adopt a child – section 158
The applicant or at least one of the joint applicants;
Persons who cannot adopt
The following persons may not adopt unless they satisfy court that special circumstances justify the adoption.
The process of adoption
Process for international adoptions – section 162
Persons to apply to court for adoption and ensure that they;
A child offender is a person who commits an offence while below the age of 18 years.
Rights of a child offender
if he is disabled, be given special care and be treated with the same dignity as a child with no disability.
How court deals with guilty child offenders – section 191
If a child is charged with an offence for which a fine may be imposed, court may order the parents or guardian to pay such fine. The parent or guardian may appeal to the High Court against such order. Section 193
A child may be remanded in a borstal institution if bail is not granted and the child is over 15 years and the child proves to be so unruly a character that he cannot safely be remanded in a children’s remand home or if the child has proved to be of so depraved a character that he is not fit to be so remanded. A remand in custody is not to exceed:
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