ACT NO. 8 of 2001 - Children Act

AN ACT of Parliament to make provision for parental responsibility, fostering, adoption, custody, maintenance, guardianship, care and protection of children; to make provision for the administration of children's institutions; to give effect to the principles of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child and for connected purposes

Arrangement of Sections
Part I - PRELIMINARY
1	Short Title and Commencement.
2	Interpretation.
Part II - SAFEGUARDS FOR THE RIGHTS AND WELFARE OF THE CHILD
3	Realization of the Rights of the Child.
4	Survival and Best Interests of the Child.
5	Non-discrimination.
6	Right to Parental Care.
7	Right to Education.
8	Right to Religious Education.
9	Right to Health Care.
10	Protection from Child Labour and Armed Conflict.
11	Name and Nationality.
12	Disabled Child.
13	Protection from Abuse, Etc.
14	Protection from Harmful Cultural Rites, Etc.
15	Protection from Sexual Exploitation.
16	Protection from Drugs.
17	Leisure and Recreation.
18	Torture and Deprivation of Liberty.
19	Right to Privacy.
20	Penalties.
21	Duties and Responsibilities of a Child.
22	Enforcement of Rights.
Part III - PARENTAL RESPONSIBILITY
23	Definition of Parental Responsibility.
24	Who Has Parental Responsibility.
25	Acquisition of Parental Responsibility by Father.
26	Parental Responsibility Agreement Etc.
27	Transmission of Parental Responsibility.
28	Extension of Responsibility Beyond Eighteenth Birthday.
29	Regulations by Chief Justice.
Part IV - ADMINISTRATION OF CHILDREN'S SERVICES
30	Establishment of National Council for Children's Services.
31	Composition of Council.
32	Functions of the Council.
33	Power of the Council.
34	Co-option and Committees.
35	Regulations by the Council.
36	Expenses.
37	Appointment of Director, Deputy Directors and Children's Officers.
38	Functions of Director.
39	Penalty for Obstruction.
40	The Role of Local Authorities.
41	Appointed Local Authorities.
42	Local Authority Welfare Schemes.
43	Delegation of Powers and Duties by Appointed Local Authorities.
44	Delegation of Functions of County Councils.
45	Delegation to Charitable Children's Institution.
46	Powers of Local Authorities to Incur Expenditure in Temporary Care.
Part V - CHILDREN'S INSTITUTION
47	Establishment of Rehabilitation Schools.
48	Separate Sections in the Rehabilitation Schools.
49	Obligation of Managers.
50	Establishment of Children's Remand Homes.
51	Supervision of Rehabilitation Schools and Children's Remand Homes.
52	Leave of Absence.
53	Revocation of Children's Committal Order.
54	Transfers and Supervision After Release.
55	Treatment of Absconders and Children of Difficult Character.
56	Removal to Health Institution.
57	Authority for Confinement in Children's Remand Homes, Rehabilitation School and Hospital.
58	Definition of a Charitable Children's Institution.
59	Exceptions.
60	Proof of Registration.
61	Institution Set Up by a Person or Unincorporated Body of Persons.
62	Criteria for Approval of Programmes.
63	Reception of Children in a Charitable Children's Institution.
64	Duty to Maintain a Child in a Charitable Children's Institution.
65	Director to Monitor Progress of Children.
66	Appointment and Powers of Approved Officers.
67	Inspection of Charitable Children's Institutions.
68	Inspection Committees.
69	Duty to Notify the Area Advisory Council.
70	Review of Programme.
71	Cancellation of a Programme.
72	Regulations.
Part VI - CHILDREN'S COURT
73	Jurisdiction of Children's Courts.
74	Sitting of Children's Court.
75	Power to Clear Court.
76	General Principles with Regard to Proceedings in Children's Court.
77	Legal Aid.
78	Reports.
79	Appointment of Guardian.
80	Appeals.
Part VII - CUSTODY AND MAINTENANCE
81	Meaning of Custody, Care and Control.
82	Custody.
83	Principles to Be Applied in Making Custody Order.
84	Restriction on Removal of a Child Where Applicant Has Provided Home for Three Years.
85	Return of Child Taken Away in Breach of Section 80.
86	Disputes Between Joint Custodians.
87	Revocation of Custody Order.
88	Interim Custody Orders.
89	Agreement Not to Be Invalid by Reason of Giving Custody to Mother.
90	Joint Maintenance of Children.
91	Power to Make Maintenance Order.
92	Maintenance During Matrimonial Proceedings.
93	Financial Provisions.
94	Financial Provisions by Step-parents and Father of Child Born out of Wedlock.
95	Power to Order Maintenance Monies to Be Paid to Person Other Than the Applicant.
96	Duration of Financial Provisions.
97	Interim Orders.
98	Other Maintenance Provisions.
99	Power to Impose Conditions and to Vary Order.
100	Power to Vary Maintenance Agreements.
101	Enforcement of Maintenance Orders and Contribution Orders.
Part VIII - GUARDIANSHIP
102	Appointment of Guardian.
103	Rights of Surviving Parent as to Guardianship and Power of Court.
104	Appointment of Testamentary Guardian.
105	Appointment of Guardian by the Court.
106	Guardian's Revocation and Disclaimer.
107	Extension of Appointment of Guardian Beyond Child's Eighteenth Birthday.
108	Dispute Between Guardians.
109	Powers of Guardian.
110	Neglect or Misapplication of Assets by Guardians of the Estate of the Child.
111	Offence by Guardians of the Estate of a Child.
112	Rules.
Part IX - JUDICIAL ORDERS FOR THE PROTECTION OF CHILDREN
113	Power of Court to Make Orders in Certain Proceedings.
114	Orders Which Court may Make.
115	Power of Arrest.
116	Penalty.
117	Review Etc. of Order.
Part X - CHILDREN IN NEED OF CARE AND PROTECTION
118	Jurisdiction of the Court.
119	When a Child is in Need of Care and Protection.
120	Proceedings in Respect of Children in Need of Care and Protection.
121	Medical Care.
122	Determination as to Child's Home Etc.
123	Parent or Guardian to Be Heard in any Application.
124	Power of Director to Take over Application.
125	Powers of Court in Respect of Children in Need of Care and Protection.
126	Application of Trusts for Maintenance of Children.
127	Penalty for Cruelty to or Neglect of Children.
128	Warrants for Search of Children.
129	Arrest Without Warrant.
130	Supervision Order.
131	Preliminary Inquiries.
132	Care Order and Grounds Thereof.
133	Arrangements for Access to Children in Care.
134	Contents of Care Order.
135	Transmission of Order.
136	Production of Child.
137	Harbouring or Concealing a Child.
138	Escape from Institutions Etc.
139	Charitable Children's Institution and Local Authorities.
140	Escape from Children's Remand Home or Rehabilitation School.
141	Assisting Escape Etc.
142	Production of Escaped Child.
143	Presumption and Determination of Age.
144	Contribution Order.
145	International Reciprocity.
146	Bonds.
Part XI - FOSTER CARE PLACEMENT
147	Conditions for Foster Care Placement.
148	Persons Qualified to Foster Children.
149	Registration for Foster Care Placement.
150	Agreement for Maintenance of Foster Child.
151	Penalty for Contravening Provisions of This Part.
152	Rules.
153	Amendment of Rules.
Part XII - ADOPTION
154	Power to Make Adoption Orders.
155	Establishment of Adoption Committee.
156	Preliminaries.
157	Children Who may Be Adopted.
158	Adoption Applicants.
159	Power to Dispense with Consent.
160	Guardian
161	Interim Orders.
162	International Adoptions.
163	Powers of the Court.
164	Power to Appoint Guardian.
165	Adoption Order in Respect of Children Previously Adopted.
166	Parental Responsibility when Adoption is Refused.
167	Appeals.
168	Amendment of Orders.
169	Adopted Children Register.
170	Registration of Adoption Orders.
171	Rights and Duties of Parents and Capacity to Marry.
172	Workmen's Compensation.
173	Orders and Agreements in Respect of Child Born Outside Marriage.
174	Intestacies, Wills and Settlements.
175	Provisions Supplementary to Section 174.
176	Effect of Overseas Adoption.
177	Restriction on Making Arrangements for Adoption.
178	Information to Be Confidential.
179	Prohibition of Certain Payments.
180	Restriction on Advertisement.
181	Offences Under Part.
182	Regulations.
183	Rules of Court Under This Part.
Part XIII - CHILD OFFENDERS
184	Jurisdiction of Children's Courts.
185	Power to Remit Cases to Children's Court.
186	Guarantees to a Child Accused of an Offence.
187	Consideration of Welfare.
188	Friendly Setting of Children's Court.
189	Words Conviction and Sentence Not to Be Used of Child.
190	Restriction on Punishment.
191	Methods of Dealing with Offenders.
192	Mental Treatment.
193	Power to Order Parent to Pay Fine, Etc.
194	Proceedings in Respect of Offences Committed by a Child.
Part XIV - MISCELLANEOUS AND GENERAL PROVISIONS
195	Appeals to the Minister.
196	General Penalty.
197	General Power to Make Regulations.
198	Exemption.
199	Grants and Expenses of the Minister.
200	Repeals.

Schedules

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

NINTH SCHEDULE

Subsidiary legislation

The Children (practice and Procedure Parental Responsibility) Regulations, 2002

The Guardianship of Children (practice and Procedure) Rules, 2002

The Children (practice and Procedure) (child Offender) Rules, 2002

General Rules and Regulations

The Children (adoption) Regulations, 2005

The Children(charitable Children’s Institutions)

About eKLR   |   Terms and Conditions   |   Privacy Policy & Disclaimer

© Copyright 2004 - 2010