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CHILD WELFARE SOCIETY OF KENYA
V.
REPUBLIC & 2 OTHERS EX-PARTE CHILD IN FAMILY FOCUS KENYA

(2017) JELR 103214 (CA)

Court of Appeal 17 Nov 2017 Kenya
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Case Details

Suit Number:Civil Appeal 20 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Kathurima M'inoti
Location:Nairobi
Other Citations:Child Welfare Society of Kenya v. Republic & 2 others Ex-parte Child in Family Focus Kenya [2017] eKLR

JUDGMENT OF THE COURT

1. The law applicable in this country on the rights and welfare of children has come a long way. From the inadequacies of the The Children and Young Persons Act (Cap. 141); The Adoption Act (Cap. 143); The Guardianship of Infants Act (Cap. 144), all of which were repealed in 2001, Parliament put in place a comprehensive regime of laws under The Children Act, No. 8 of 2001. In its preamble, the Act makes provision for 'parental responsibility, fostering, adoption, custody, maintenance, guardianship, care and protection of children; 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'. Parliament also enacted The Counter-Trafficking in Persons Act, No. 8 of 2010 which focuses on women and children. The guiding principle in all the provisions relating to children is that "the best interests of the child is the…

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