Repealed by Children’s Act, Cap 141




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PART III-PROTECTION OR DISCIPLINE OF CHILDREN AND JUVENILES
Jurisdiction under Part III.
20. A juvenile court shall have jurisdiction to make an order or give a judgment under this Part notwithstanding that any act, matter, thing or circumstance giving rise to such order or judgment did not occur or arise within the area of jurisdiction of the court.
Presumptions regarding custody, charge and care of children and juveniles.
21. For the purposes of this Part -
(a) any person who is the parent or guardian of a child or juvenile or who is legally liable to maintain him shall be presumed to have the custody of him, subject to any provision made under section 30 of the Matrimonial Causes Act (Cap 152) or under any other written law;
(b) any person to whose charge a child or juvenile is committed by any person who has the custody of him shall be presumed to have charge of him;
(c) any other person having actual possession or control of a child or juvenile shall be presumed to have care of him;
(d) any person employing a child or juvenile who is not resident with his parent or guardian shall be deemed to have care of that child or juvenile.
When child or juvenile is in need of protection or discipline.
22. For the purposes of this Part a child or juvenile is in need of protection or discipline -
(a) who has no parent or guardian, or has been deserted by his parent or guardian, or is destitute or a vagrant; or
(b) who cannot be controlled by his parent or guardian or
(c) whose parent or guardian does not, or is unable or unfit to, exercise proper care and guardianship; or
(d) who is falling into bad associations or is exposed to moral or physical danger; or
(e) who is being kept in any premises which, in the opinion of a medical officer, are overcrowded insanitary or dangerous; or overcrowded,
(f) who is prevented from receiving compulsory education, or is an habitual truant; or
(g) who frequents any public bar or gambling house, or who is found buying or receiving or in possession of any drug which is deemed to be dangerous or habit terming; or
(h) who is found begging or receiving alms or inducing the giving of alms, whether or not there is any pretence of singing, playing or performing; or
(i) if any of the offences mentioned in the First Schedule to this Act has been committed against him, or if he is a member of the same household as a child or juvenile against whom any such offence has been committed, or is a member of the same household as a person who has been convicted of such an offence against a child or juvenile.
Penalty for cruelty to and neglecting children or juveniles.
23. (1) If any person who has the custody, charge or care of any child or juvenile -
(a) wilfully assaults, ill-treats, neglects, abandons or exposes him, or causes or permits him to be assaulted, ill-treated, neglected, abandoned or exposed in any manner likely to cause him unnecessary suffering or injury to health (including injury to or loss of sight, hearing, limb or organ of the body, and mental derangement); or
(b) by any act or omission, knowingly or wilfully causes that child or juvenile to become, or conduces to his becoming, in need of protection or discipline.
He shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment :
Provided that the court, at any time in the course of proceedings for an offence under this subsection, may direct that the person charged shall be charged with and tried for an offence under the Penal Code, if the court is of the opinion that the acts or omissions of the person charged are of a serious or aggravated nature. [Cap 63]
(2) For the purpose of this section, a person having custody, charge or care of a child or juvenile shall be deemed a manner likely to cause injury to his health if he has failed to provide adequate food, clothing medical aid or lodging for him.
(3)(a) Any person charged under this section may be charged before the same juvenile court as that before which the child or juvenile is brought as being in need of protection or discipline, and at the same time.
(b) Both issues shall be tried simultaneously and the same court shall sentence the person charged, if convicted, and make an order under section 25 of this Act if the child or juvenile is found to be in need of protection or discipline.
(4) A person may be convicted of an offence under this section notwithstanding that -

(a) actual suffering or injury to health, or the likelihood of actual suffering or injury to health, of the child or juvenile, was obviated by the action of another person; or


(b) the child or juvenile in question has died.
(5) If it is proved that a person convicted of an offence under this section was directly or indirectly in any accruing or payable in the event of the death of the child or juvenile, and had knowledge that money was accruing or becoming Payable then he shall be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment.
(6) For the purposes of subsection (5) of this section a person shall be deemed to be directly or indirectly interested in any property or sum of money if he has any share in or any benefit from that property or the payment of that money although the money or property is not legally payable to him.
(7) Nothing in this section shall affect the right of any parent, teacher or other person having the lawful control or charge of a child or juvenile to administer reasonable punishment to him.
Proceedings in respect of children and juveniles in need of protection or discipline.
24. (1) Any authorized officer having reasonable grounds for believing that a child or juvenile is in need of protection or discipline may apprehend him without warrant and in such case shall without delay bring him before a court; and an inspector of children or a children's officer shall bring before a court any child or juvenile who appears to him to be in need of protection or discipline unless proceedings are about to be taken by some other person.
(2) Any authorized officer may take to a place of safety any child or juvenile who is about to be brought before a court as being in need of protection or discipline, and a child or juvenile so taken to a place of safety, or who has taken refuge in a place of safety, may be detained there until he can be brought before a court.
(3) Where an application is to be made to a court for an order under section 25 of this Act and the child or juvenile is not in a place of safety, the court may issue a summons requiring him to be brought before the court, and thereupon the provisions of subsection
(3) of that section shall apply for enabling the court to make an interim order for the temporary detention of the child or juvenile in a place of safety or for his temporary committal to the care of a fit person.
(4) Where under the provisions of this section a child or juvenile is taken to or ordered to be detained in a place of safety, the person who so takes him, or as the case may be, the person bringing him before the court, shall forthwith send a notice to the court specifying the grounds on which the child or juvenile is to be brought before the court, and shall send particulars to his parent or guardian warning him to attend at the court before which the child or juvenile will appear.
(5) Where any application is to be made to a court for an order under section 25 of this Act, the person intending to make the application shall forthwith notify the appointed local authority, if any, of the name and address of the child or juvenile and the day and hour when, and the nature of the grounds on which, he is to be brought before the court.
(6) A local authority having received a. notice under sub- section (5) of this section shall make such investigations and render available to the court such information as to the home, circumstances, age, health, character and general antecedents of the child or juvenile as may be necessary to assist the court.
(7) When it appears to an appointed local authority or approved society that a child or juvenile in its area is in need of protection or discipline and that its intervention is necessary, the local authority or approved society may receive him into its care and need not bring him before a court:
Provided that -
(a) a monthly report is rendered to the chief inspector of children of all children and juveniles received and held;
(b) all cases are investigated by the local authority or approved society;
(c) the local authority or approved society shall not retain the child or juvenile in its care if his parent or guardian seeks to assume the care of the child or juvenile;
(d) the local authority or approved society shall, when it appears to be in the interests of the welfare of the child or juvenile, endeavour to secure that the care of the child or juvenile is assumed by a parent or guardian, or by some relative or friend who should, if possible, be of the same religion, race, tribe or clan as the child or juvenile.
(8) A local authority or approved society which receives la child or juvenile into its care under the provisions of this section shall be entitled to recover the cost of maintenance of such child or juvenile from his parent or guardian.
Powers of court in respect of children or juveniles in need of protection or discipline.
25. (1) If a court is satisfied that any child or juvenile, or in the case of paragraph (d) of this subsection any child, juvenile or young person, brought before it is in need of protection or discipline the court may -
(a) order him to be returned to his parent or guardian; or
(b) order his parent or guardian to execute a bond with or without sureties to exercise proper care and guardianship; or
(c) commit him to the care of a fit person, whether a relative of the child or juvenile or not, or an approved society, willing to undertake his care; or
(d) commit him to the care of the appointed local authority, if any, where there does not appear to the court to be any fit person, approved society or approved voluntary institution willing to undertake his care; or
(e) without making any other order, or in addition to making an order under paragraph (a), (b) or (c) of this subsection, make an order placing him for a specified period, not exceeding three years, under the supervision of an approved officer, an inspector of children, a children's officer, or some other person appointed for the purpose by the court; or
(f) where it is satisfied that it is in his best interests, commit him to an approved school suitable to his needs and attainments.
(2) (a) The court may from time to time of its own motion or on the application of any person, review, vary or revoke any order made under this section.
(b) The court may order that a juvenile remain in the custody of an appointed local authority, an approved society or fit person until the age of eighteen years or such lesser age as the court may decide.
(3) (a) If a court before which any child or juvenile is brought is unable to decide whether any order, or what order, ought to be made in respect of him, it may make such interim order as it thinks fit for his detention or continued detention in a place of safety not being a police station, or for his committal to the care of a fit person, whether a relative or not, who is willing to undertake the care of him.
(b) An interim order under this subsection shall not remain in force for more than twenty-eight days; but if at the expiration of that period the court deems it expedient so to do, it may continue to make further interim orders.
Parent or guardian may be heard in any application.
26. (1) Where a child or juvenile is brought before a court as being in need of protection or discipline, the court shall allow his parent or guardian to be heard on any application made in relation to the child or juvenile.
(2) Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this section.
Application of trusts for maintenance of children or juveniles.
27. (1) Where a child or juvenile is, by ah order of the court made under this Part, removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of his maintenance the court may order the whole or any part of the sums so payable under the trust to be paid to the person, approved society or appointed local authority to whose care the child or juvenile is committed, to be applied for his benefit in such manner as the court, having regard to the terms of the trust, may direct.
(2) A person making default in complying with an order of the court made under this section shall be punished in the prescribed manner, or if no punishment is prescribed may in the discretion of the court be ordered to pay a sum not exceeding twenty shillings for every day during which he is in default or to be imprisoned or dealt with under section 71 (5) of this Act until he has remedied his default.
(3) An appeal shall lie to the High Court from an order made under this section.
Determination of court as to person’s home, etc., to be final.
28. Whenever a child or juvenile is brought before a court as being in need of protection or discipline and the court determines that he has his home or, as the case may be, has been found within the area of jurisdiction of a particular local authority, such determination shall, for the purposes of this Act, be final and conclusive:
Provided that a court may, whenever it thinks it convenient so to do. remit any such case to another court to be dealt with by that court, without prejudice, however, to the provisions of section 59 of this Act.
Warrants for search for children or juveniles.
29. (1) If it appears to a magistrate on information laid by at least two persons who, in the opinion of the magistrate, are acting in the interests of a child or juvenile that there is reasonable cause to suspect -
(a) that one of the offences specified in the First Schedule to this Act has been or is being or is about to be committed against the child or juvenile; or
(b) that he is in need of protection or discipline,
the magistrate may issue a warrant authorizing any police officer of or above the rank of Assistant Inspector and named therein to search for the child or juvenile, and, if it appears to such police officer that any offence as aforesaid has been or is being or is about to be committed against the child or juvenile or that he is in need of protection or discipline, to take him to and detain him in a place of safety until he can be brought before a court.
(2) Any police officer of or above the rank of Assistant Inspector authorized by warrant under this section to search for any child or juvenile may enter (if need be by force) any house, building or other place specified in the warrant, and subject as aforesaid may remove him therefrom.
(3) A police officer executing a warrant under this section shall take with him any person laying or joining in the laying of the information who desires to accompany him, unless the magistrate issuing the warrant otherwise directs; and may also, if such magistrate so directs, be accompanied by a medical practitioner.
(4) It shall not be necessary in any information or warrant under this section to name the child or juvenile.
(5) A magistrate issuing a warrant under this section may by the same warrant cause any person accused of an offence against the child or juvenile to be apprehended and brought before a court, and proceedings to be taken against him according to law.
(6) A refusal to allow the chief inspector of children, an inspector of children, children's officer or an approved officer to enter any place or dwelling in the exercise of his powers under this Act shall for the purposes of subsection (1) of this section be deemed to be a reasonable cause to suspect that a child or juvenile therein is in need of protection or discipline.
(7) The provisions of this section shall be in addition to, and not in derogation of, those of the Criminal Procedure Code (Cap 75) in relation to entry of premises and arrest of persons.
Arrest without warrant.
30. A police officer may arrest without warrant any person who he has reason to believe has committed any offence under this Part or any other offence involving bodily injury to a child or juvenile, if the police officer has reasonable ground for believing that the person will abscond or if he does not know and is unable immediately to ascertain the person's name and address.
PART IV-COMMITALS TO FIT PERSONS AND TO APPROVED SCHOOLS
Provisions as to orders of committal to fit persons.

L.N. 149/1964
31. (1) A court making an order committing a person under eighteen years of age to the care of a fit person or approved society shall, if practicable, select a person or society of the same religion as the person committed.
(2) Every such order shall be in writing, shall contain a declaration as to the age and religion of the person committed and may be made in his absence; and the consent of the fit person or approved society to undertake such care shall be proved in such manner as the court may think sufficient to bind that person or society.
(3) The court making an order committing a person under eighteen years of age to the care of a fit person, approved society or appointed local authority shall cause to be
Contents of committal order.
32. Where an order of committal to an approved school has been made by a court against a child or juvenile on a finding of guilty of an offence, the committal order shall specify the grounds of committal, contain a declaration as to the age and religion of the offender, and specify the school to which he is first to be sent and the person or authority which is to convey him to the school.
Transmission of order.
33. The court making an order of committal to an approved school shall send it, together with a record in the prescribed form of such information regarding the person committed as the court thinks necessary, to the manager of the school.
Production of child or juvenile.
34. Where a person authorized to escort a child or juvenile to an approved school is unable to find or obtain possession of him, the court may, if satisfied by information on oath that some person named in the information can produce the child or juvenile, issue a summons requiring the person so named to attend at the court on a certain day and produce the child or juvenile, and if the person so summoned fails without reasonable cause to attend he shall, in addition to any other liability to which he may be subject under the provisions of any law including this Act, be guilty of an offence and liable to a fine not exceeding five hundred shillings.
Harbouring or concealing child or juvenile.
35. Where a child or juvenile has been committed to an approved school, any person who harbours or conceals him after the time fixed for him to enter the approved school shall be guilty of an offence and liable to imprisonment for a term not exceeding two months or to a fine not exceeding two thousand shillings or to both such imprisonment and such fine.
PART V-JUVENILE REMAND HOMES AND APPROVED SCHOOLS
Establishment of juvenile remand homes.
36. (1) Subject as hereinafter provided, the Minister may establish such juvenile remand homes as he considers necessary.
(2) The managers of any institution other than a prison or detention camp may enter into an agreement for the use of that institution or any part thereof as a juvenile remand home on such terms as may be agreed between them and the Minister.
Approval of schools.

37. (1) The manager of any school which is suitable for the reception, maintenance and training of children and juveniles ordered to be sent to an approved school under this Act may apply to the Minister to approve the school for that purpose, and the Minister may by notice in the Gazette declare the school to be an approved school and issue a certificate of approval to the manager.
(2) If at any time the Minister is dissatisfied with the condition or management of an approved school, or considers its continuation as an approved school unnecessary he may give to the manager not less than six months' notice in writing of his intention to withdraw the certificate of approval, and upon the expiration of the notice the certificate of approval shall be deemed to have been withdrawn and the school shall cease to be an approved school:
Provided that the Minister, instead of withdrawing the certificate of approval, may, by notice served on the manager of the school, prohibit the further admission of persons to the school for such time as may be specified in the notice, or until the notice is revoked.
(3) The manager of an approved school may, after giving not less than six months' notice in writing to the Minister of his intention so to do, surrender the certificate of approval of the school, and upon the expiration of the notice (unless the notice is previously withdrawn) the certificate shall be deemed to have been surrendered and the school shall cease to be approved.
(4) No person shall be received into an approved school under the provisions of this ct after notice has been given of intention to withdraw or surrender the certificate of approval; but the obligations of the manager with respect to persons under his care at the date of the notice shall continue until the withdrawal or surrender takes effect.
(5) The Minister shall cause any notice of intention to withdraw or surrender a certificate of approval to be published forthwith in the Gazette.
Minister may establish approved schools.
38. The Minister may, by notice .in the Gazette, establish approved schools for the reception, maintenance and training of persons ordered to be sent to an approved school under this Act.
Obligations of managers.
39. The manager of an approved school shall be bound to accept every person who is duly sent or transferred to the school or otherwise committed to hi& care, unless -
(a) the school is a school for persons of a different religion or of a different sex from that of the person whom it is proposed to send or transfer there; or
(b) the manager of the school satisfies the Minister that it is undesirable that any more persons should be admitted to the school or otherwise committed to his care.
Supervision of approved schools and juvenile remand homes. 
40. The chief inspector of children shall be responsible for the supervision of all approved schools and juvenile remand homes and for this purpose shall periodically visit them or cause them to be visited.
Establishment of advisory council.
41. (1) There shall be established by the Minister, by notice in the Gazette, an advisory council, to be known as the Advisory Council on Children and Young Persons, which shall consist of such persons qualified to deal with matters relating to the welfare of children, juveniles and young persons as the Minister thinks fit and such local panels of official visitors to approved schools and juvenile remand homes as he considers expedient.
(2) The advisory council shall advise the Minister on matters relating to the exercise of his powers and the performance of his duties under this Act.
(3) The advisory council may make representations to the Minister on any matters arising out of the exercise of its functions.
Leave of absence.
42. The manager of an approved school may, with the consent of the chief inspector of children, grant leave of absence to any person detained in an approved school for such period and on such conditions as he deems fit and may at any time terminate such leave and direct the person to return to the school.

 

Release on licence.


43. At any time during the period of a person's detention in an approved school, the chief inspector of children may by licence in writing permit him to live with his parent or with any fit person who is willing to receive and take charge of him, and may at any time by writing under his hand revoke such licence, and direct the person to whom it was granted to return to the school.
Revocation of approved school order: duration of order.
44. (1) The chief inspector of children may in his discretion, if satisfied that a person who has been ordered to be committed to an approved school should not remain subject to the order, may, by further order in writing, revoke the committal order.
(2) The court may at any time, of its own motion or on the application of any person, revoke an order committing a person to an approved school, but before doing so it shall call for all the relative records of the court which made the order, and all relative records of any court which may previously have considered an application under this section.
(3) Notwithstanding anything in this Act, an order committing a person to an approved school shall not remain in force beyond the date on which the person attains the age of twenty years, nor shall any such order remain in force for longer than three years at a time except by order of the court.
(4) On an application for an order under subsection (2) or subsection (3) of this section, the manager of the approved school where the person is shall cause the person to be brought before the court, unless the court otherwise orders.
Transfers and supervision after release.
45. (1) The chief inspector of children may at any time order a person to be transferred from one approved school to another, but so that the period of his detention shall not be increased thereby.
(2) A person committed to an approved school shall after the expiration of the period of his detention be under the supervision of such person as the chief inspector of children shall appoint, for a period of two years or until he attains the age of twenty-one years, whichever shall be the shorter period.


Treatment of absconders and persons of bad character.
46. (1) Where the chief inspector of children is of the opinion that a person committed to an approved school is a persistent absconder, or is exercising a bad influence on the other inmates of the school, he may apply to the court having jurisdiction in the place where the school is situate_
(a) in the case of a person under the age of sixteen years to have the period of committal increased by a period not exceeding six months; or
(b) in the case of persons over the age of fifteen years, to have the person sent to a borstal institution.
(2) Where the chief inspector of children is of the opinion that a person over the age of fourteen years committed to an approved school is of so depraved and unruly a character that he cannot benefit from approved school training, he may apply to the court having jurisdiction in the place where the school is situate to vary the whole or part of the unexpired portion of the person's term to one of imprisonment.
Removal to hospital.
47. (1) In the case of serious illness of a person detained in a juvenile remand home or an approved school, the manager, on the advice of a medical officer or medical practitioner, may make an order for his removal to a hospital.
(2) Whenever the medical officer in charge of a hospital considers that the health of a person removed to the hospital under the provisions of this section no longer requires treatment therein, he shall notify the manager of the approved school from whence he was removed to hospital, who shall thereupon cause such person to be brought back to the school if he is still-liable to be detained therein.
(3) Every reasonable precaution shall be taken by the medical officer in charge of the hospital to prevent the escape of any person who is confined therein under this section:

Provided that nothing shall be done under the authority of this section which in the opinion of the medical officer in charge of the hospital is likely to be prejudicial to the health of the person confined.


Authority for detention in juvenile remand homes, approved schools and hospitals.
48. The order committing a person to custody in a juvenile remand home or ordering him to be sent to an approved school shall be sufficient authority for his detention in that place in accordance with the tenor thereof, or in a hospital under section 47 of this Act, and a person while so detained and while being conveyed to or from a juvenile remand home or an approved school, or to or from a hospital, as the case may be, shall be deemed to be in lawful custody.

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