Children Act, 2022 🇰🇪

Kenya

Preface

Part I – PRELIMINARY

1. Short title.

2. Interpretation.

3. Objects of the Act.

4. Conflict of laws.

Part II – SAFEGUARDS FOR THE RIGHTS AND BEST INTERESTS OF THE CHILD

5. Realization of the rights of the child.

6. Survival and development of the child.

7. Name and nationality.

8. Best interests of the child.

9. Non-discrimination.

+20 more sections

Part III – PARENTAL RESPONSIBILITY

30. Duties and responsibilities of a child.

31. Equal parental responsibility.

32. Equal parental responsibility.

33. Parental responsibility agreement.

34. Transmission of parental responsibility.

+2 more sections

Part IV – ADMINISTRATION OF CHILDREN’S SERVICES

37. Office of the Secretary of Children Services.

38. Functions of the Secretary.

39. Powers of the Secretary.

40. Appointment of chief officers, children officers and such other officers.

41. Establishment of National Council for Children’s Services.

+14 more sections

Part V – FINANCIAL PROVISIONS OF THE COUNCIL

56. Funds of the Council.

57. Annual estimates.

58. Financial year of the Council.

59. Accounts and Audit.

60. Annual Reports of the Council.

Part VI – ROLE OF COUNTY GOVERNMENTS

61. The Role of County governments.

62. County government welfare schemes.

Part VII – CHILDREN’S INSTITUTIONS

63. Establishment of children rescue centres.

64. Establishment of child protection units.

65. Charitable Children’s Institutions.

66. Manager and Staff of Charitable Children’s Institution.

67. Overriding objectives of charitable children’s institutions.

+22 more sections

Part VIII – CHILDREN’S COURTS

90. Designation of the Children’s Court.

91. Jurisdiction of the Children’s Court.

92. Friendly environment of Children’s Court.

93. Sitting of Children’s Court.

94. Power to make orders relating to privacy in proceedings.

+6 more sections

Part IX – CUSTODY AND MAINTENANCE

101. Custody, care and control.

102. Custody order.

103. Principles to be applied in making custody order.

104. Restriction on removal of a child where applicant has provided home for three years.

105. Return of child removed in breach of section 104.

+16 more sections

Part X – GUARDIANSHIP

122. Appointment of guardian.

123. Rights of surviving parent as to guardianship and power of Court.

124. Appointment of testamentary guardian.

125. Appointment of guardian by the Court.

126. Customary guardianship.

+7 more sections

Part XI – JUDICIAL INTERVENTION FOR THE CARE AND PROTECTION OF CHILDREN

134. Power of Court to make orders in certain proceedings.

135. Orders which Court may make.

136. Supervision order.

137. Power to make interim supervision order.

138. Discharge of supervision order.

+3 more sections

Part XII – CHILDREN IN NEED OF CARE AND PROTECTION

142. Interpretation.

143. Jurisdiction of the Court.

144. When a child is in need of care and protection.

145. Proceedings in respect of children in need of care and protection.

146. Healthcare.

+23 more sections

Part XIII – FOSTER CARE PLACEMENT

170. Objectives of foster care placement.

171. Restrictions on periods of foster care.

172. Conditions for foster care placement.

173. Application for foster care.

174. Persons qualified to foster children.

+8 more sections

Part XIV – ADOPTION

183. Power to make adoption orders.

184. Pre-requisites for Adoption.

185. Children who may be adopted.

186. Who may apply to adopt a child.

187. Power to dispense with consent.

+29 more sections

Part XV – CHILDREN IN CONFLICT WITH THE LAW

217. Application of Criminal Procedure Code.

218. Assessment of a child on arrest.

219. Power to remit cases to Children’s Court.

220. Rights of a child offender.

221. Criminal liability of a child.

+22 more sections

Part XVI – MISCELLANEOUS

244. Appeals to the Cabinet Secretary.

245. Code of conduct.

246. General penalty.

247. General power to make regulations.

248. Grants and expenses of the Cabinet Secretary.

+2 more sections

FIRST SCHEDULE

Paragraph (a)

Paragraph (b)

SECOND SCHEDULE

Subsection (2)

THIRD SCHEDULE

Paragraph (a)

Paragraph (b)

Paragraph (a)

Paragraph (b)

FOURTH SCHEDULE

FIFTH SCHEDULE

Part A – ASSESSMENT OF A CHILD WHO IS IN CONFLICT WITH THE LAW

Part B – ASSESSMENT FORM

SIXTH SCHEDULE

SEVENTH SCHEDULE

1. Local Authorities.

2. Existing Offices.

3. Pending Matters.

4. Succession to Property.

5. Devolution of Other Rights.

+12 more sections

REPUBLIC OF KENYA

Children Act, 2022

Act 29 of 2022

Assented to on 6 July 2022
Commenced on 26 July 2022
[This is the version of this document from 26 July 2022.]

An Act of Parliament to give effect to Article 53 of the Constitution; to make provision for children rights, parental responsibility, alternative care of children including guardianship, foster care placement and adoption; to make provision for care and protection of children and children in conflict with the law; to make provision for, and regulate the administration of children services; to establish the National Council for Children’s

Part I – PRELIMINARY

1. Short title.

This Act may be cited as the Children Act, 2022.

2. Interpretation.

In this Act, unless the context otherwise requires—"abandoned" in relation to a child, means a child—(a)who has been deserted by the parent, guardian or caregiver; or(b)whose parent, guardian or care giver has wilfully failed to make contact with the child for a period of more than six months;"actu…

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Children Act, 2022 🇰🇪

Table of Contents

REPUBLIC OF KENYA

Children Act, 2022

Act 29 of 2022

Part I – PRELIMINARY

1. Short title.

2. Interpretation.

Read the Full Legislation on judy.legal