Repealed by Children’s Act, Cap 141




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PART VI-SUPERVISION OF CHILDREN, JUVENILS OR YOUNG PERSONS PLACED WITH STRANGERS
Application of Part VI.

Cap 248, Cap 143
49. (1) Subject to the provisions of subsection (3) of this section, this Part shall have effect where arrangements are made for placing a person under eighteen years of age in the care and possession of a person who is resident in Kenya and is not a parent, guardian or relative of his, and another person, not being a parent or guardian of his, participates in the arrangements.
(2) For the purposes of this Part, a person shall be deemed to participate in the arrangements for placing a person under eighteen years of age in the care and possession of another person -
(a) if he enters into or makes any agreement or arrangement for, or for facilitating, the placing of the person in the care and possession of that other person; or
(b) if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement
therefor,
or if he causes another to do so.
(3) The provisions of this Part shall not have effect where possession of a person under eighteen years of age has been, is or is proposed to be taken -
(a) by any person for a purely temporary purpose;
(b) by a fit person, approved society or appointed local authority to whose care the person has been committed under this Act;
(c) by a school, hospital, convalescent home or other similar institution;
(d) by an institution to which a person has been committed under the provisions of the Mental Treatment Act; or
(e) by an approved school or remand home.
(4) The provisions of this Part shall cease to have effect |in relation to a person under eighteen years of age -
(a) if an adoption order or an interim order is made in respect of him under the Adoption Act, upon the making of such order; or
(b) if no such order has been made, on the date on which he attains the age of eighteen years.
Notification of taking possession of a person.
50. (1) Not less than seven days before possession is taken of a person pursuant to any arrangements made under this Part, every person who participates in the arrangements, not being a parent or guardian of the person concerned, shall give notice of the arrangements to the chief inspector of children.
(2) The notice required by this section shall state the name and sex of the person concerned, the date and place of his birth and the name and address of the person in whose care and possession he is placed, and if it is given orally shall be recorded by the chief inspector of children.
(3) Any person who fails to give any notice required by subsection (1) of this section to be given 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.
Notification of change of residence or of death.
51. (1) Where a person who has in his care and possession a person in relation to whom this Part has effect changes his residence, he shall, not less than one week before the change or, it the change is made in an emergency, not later than one week after the change, give notice of the change of address, in writing or orally, to a District Commissioner, who shall report it to the chief inspector of children.
(2) If a person in relation to whom this Part has effect dies the person in whose care and possession he was at his death shall within forty-eight hours of the death give notice of the death, in writing or orally, to the District Commissioner of the district in which the person dies, who shall report it to the chief, inspector of children.
(3) Any person who fails to give any notice required by this section to be given 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 to both such imprisonment and such fine.
Summary order for removal of person.
52. (1) If a person in relation to whom this Part has effect -
(a) is about to be received into, or is being kept by any person in, any premises which are overcrowded, insanitary or dangerous, or an environment which is detrimental to him; or
(b) is in the care and possession of a person who, by reason of old age, infirmity, ill-health, ignorance, negligence, intemperance, immorality or criminal conduct, or for any other reason, is unfit to have care of him,
a court may, on an application made by or on behalf of the chief inspector of children, make an order for the removal of the person to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.
(2) Upon proof that there is imminent danger to the health or well-being of the person concerned, any magistrate, acting if he deems it necessary, ex parte, may upon the application of an inspector of children or children's officer exercise the powers conferred upon a court by subsection (1) of this section.

(3) Any order made under the provisions of this section may be enforced by an inspector of children, children's officer or approved officer and any person who refuses to comply with such an order on its being produced, or who obstructs an officer in the enforcement of such order shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand shillings or to both such imprisonment and such fine.



Removal of person in respect of whom an offence has been committed.
53. Where any person is convicted of an offence under the provisions of this Part, the court may order any person under eighteen years of age in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.
PART VII-CHIEF INSPECTOR AND INSPECTORS OF CHILDREN
Appointment of chief inspector of children, inspectors of children and children’s officers.

L.N. 149/1964
54. (1) The Minister shall appoint a chief inspector of children and such number of inspectors of children and children s officers as he may think fit.

(2)An appointed local authority may with the consent of the Minister, by notice in the Gazette, appoint children's officers for the area of its jurisdiction.



Duties of officers.
55. (1) The chief inspector of children shall have the functions conferred on him by this Act. and shall perform such supervisory and other duties in relation to inspectors of children, children's officers and approved officers as the Minister may from time to time direct.

(2) Inspectors of children and children's officers shall have the functions conferred on them by this Act. and shall a so be responsible for the inspection of voluntary institutions places of safety, boarding-out establishments, holiday homes and nurseries whether or not established by a local authority and persons under eighteen years of age committed to the care of fit persons, approved societies and appointed local authorities under this Act.



Powers of officers.
56. The chief inspector of children, any inspector of children and any children's officer may, after producing, if asked to do so, some duly authenticated document showing that he is so authorized, enter any voluntary institution, place of safety, boarding-out establishment, holiday home or nursery or the dwelling of any person in whose care a person under eighteen years of age has been placed under this Act, and may make such examination into the state and management thereof and the condition and treatment of any person under eighteen years of age therein, as he thinks requisite.

Obstruction.
57. Any person who obstructs the chief inspector of children, an inspector of children, children's officer or approved officer in the execution of his duties or powers under this Act shall be guilty of an offence and liable to a fine not exceeding five hundred shillings.
PART VIII-LOCAL AUTHORITIES
Appointment of local authorities.

L.N. 256/1963
58. (1) The Minister may from time to time, with the agreement or at the request of a municipal or county council. or group of such councils, by order appoint such council or group of councils, to be an appointed local authority for the purposes of this Act, and a council or group of councils so appointed shall, subject to the provisions of section 59 of , perform the duties imposed and have the powers conferred upon appointed local authorities under this Act.

(2) A local authority either by itself or jointly with other local authorities may make welfare schemes for persons under eighteen years of age embracing any or all of the items set out in the Second Schedule to this Act and the Minister may by order appoint such local authority or joint local authorities to be an appointed local authority for the purpose and to the extent set out in such schemes.

(3) The provisions of this Part shall not operate to impose any duties or confer any powers, other than those imposed or conferred by section 62 of this Act, upon any local authority which is not for the time being an appointed local authority.

Application of powers and duties.

L.N. 256/1963
59. (1) Where any powers or duties are by this Part conferred or imposed on an appointed local authority as such, those powers and duties shall, in the case of a person under eighteen years of age who has his home -

(a) within a municipality or township, be powers and duties of the municipal council or the District Com- missioner as local authority of the township, as the case may be;

(b) in a county outside a municipality or township, be powers and duties of the county council.

(2) Where, for any district, there is for the time being no appointed local authority having jurisdiction therein, the Minister may, with the concurrence of the Treasury, by order appoint the District Commissioner of the district to have the functions of an appointed local authority under this Part, and the District Commissioner shall then perform the duties and have the powers imposed and conferred upon appointed local authorities under this Part in respect of all persons under eighteen years of age having their homes within the district.



Delegation of functions of county councils.

L.N. 256/1963
60. (1) A county council which is an appointed local authority may with the concurrence of the council of any county division within the county, delegate to such council, with or without restrictions or conditions, any of its functions as an appointed local authority.

(2) Where functions are delegated to the council of a county division under this section, such council, in the discharge of those functions, shall act as agent for the county council.



Delegation of certain powers and duties by appointed local authorities.
61. An appointed local authority may, with the approval of the Minister, delegate its powers, and duties relating to investigations under section 24 (6) of this Act to an approved society or an approved officer.
Powers of local authorities to incur expenditure in temporary care.
62. Any local authority, whether an appointed local authority or not, and any District Commissioner, may incur expenditure in or about the temporary care of any child or juvenile in need of care including his maintenance in a place of safety or in the return of any such child or juvenile to his parent or guardian or the area of the appointed local authority, if any, notwithstanding that in the case of an appointed local authority such child or juvenile has not been committed to its care under the provisions of this Part.
PART IX-APPROVED SOCIETIES
Approval of approved societies.
63. (1) The managing committee or governing body of any society of persons working for the care, protection or control of children, juveniles and young persons, or of any voluntary institution, may apply to the Minister for the society or voluntary institution to be approved for that purpose, and the Minister, after making such inquiries as he thinks fit, may approve the society or voluntary institution for that purpose and issue a certificate of approval accordingly.
(2) If at any time the Minister considers that the continuance of any approved society or approved voluntary institution as an approved society or approved voluntary institution is unnecessary or undesirable, he may give to the managing committee or governing body of the society or voluntary institution not less than three months’ notice in writing of his intention to withdraw the certificate of approval, and upon the expiration of the notice the certificate shall be deemed to have been withdrawn and the society or voluntary institution shall cease to be an approved society or approved voluntary institution.

(3) The managing committee or governing body of an approved society or approved voluntary institution may give to the Minister not less than three months' notice in writing of its intention to surrender the certificate of approval, and upon the expiration of the notice (unless the notice is previously withdrawn) the certificate shall be deemed to have been surrendered and the society or voluntary institution shall cease to be an approved society or approved voluntary institution.

(4) No child or juvenile shall be committed or received into the care of an approved society or approved voluntary institution under this Act after notice has been given of intention to withdraw or surrender the certificate of approval, but the obligations of the approved society or approved voluntary institution with respect to persons under its care at the date of the notice shall continue until the society or voluntary institution ceases to be an approved society or approved voluntary institution.

(5) The Minister shall, within one month after the date thereof, cause every grant of a certificate of approval and every notice of intention to withdraw or surrender a certificate of approval to be published in the Gazette.



Appointment and powers of approved officers.
64. (1) An approved society may with the approval of the Minister, by notice in the Gazette, appoint one or more officers to be approved officers, to further those purposes of the society which relate to the care, protection and control of children and juveniles:

Provided that no approved officer shall enter upon the exercise of his functions as such in the area of any appointed local authority without the concurrence of such authority.

(2) The appointment of an approved officer may be revoked by the approved society or by the Minister, and any such revocation shall be published in the Gazette.

(3) Approved officers shall have such powers as the Minister may prescribe.



PART X-ESCAPES
Escapes from fit persons, etc.
65. A person under eighteen years of age who runs away from a fit person, approved society or appointed local authority to whose care he has been committed under this Act, or from any person or institution with whom he has been placed by an approved society or appointed local authority under any regulations made under this Act, may be apprehended without warrant and brought back to that person, society, authority, or institution if he or it is willing to receive him, or may be brought before a juvenile court having jurisdiction in the place where he was residing immediately before he ran away and that court may -

(a) in the case of a person committed under Part II of this Act -

(i) commit him to the care of some other fit person or approved society; or

(ii) order him to be sent to an approved school; or

(iii) make any order which a court may make under section 46 of this Act;

(b) in the case of a person committed under Part III of this Act -

(i) where he was committed to the care of an appointed local authority, order that he be returned to such care; or

(ii) make any order which a court can make under section 25 of this Act; or

(iii) order him to be sent to an approved school.

Approved societies and appointed local authorities to report escape.
66. Whenever a person under eighteen years of age runs away from any person or institution with whom or with which he has been placed by an approved society or appointed local authority as aforesaid, it shall be the duty of the secretary, clerk or other appropriate officer of such society or authority, within forty-eight hours of such occurrence coming to his knowledge, to notify the chief inspector of children thereof; and any secretary, clerk or other officer as aforesaid who contravenes the provisions of this subsection shall be guilty of an offence and liable to a fine not exceeding two
hundred shillings.
Escapes from juvenile remand homes and approved schools.
67. (1) Any person who escapes from a juvenile remand home or while being conveyed thereto or therefrom, may be apprehended without warrant and brought back to a juvenile remand home.

(2) Any person who has been committed to an approved school and who -

(a) escapes from the approved school or from any hospital, home or institution in which he is receiving medical or other treatment, or while being conveyed to or from any such place; or

(b) being absent from his school on leave of absence or on licence, runs away from the person in whose charge he has been placed, or fails to return to the school upon the expiration of his leave or upon the revocation of his licence,

may be apprehended without warrant and shall be brought back to the approved school and may be brought before a court having jurisdiction where the approved school is situate to be dealt with under the provisions of section 46 of this Act.

(3) Where a person is brought back to his approved school under subsection (2) of this section, whether or not he is brought before a court, the period of his committal shall be increased, over and above any increase ordered by the court, by a period equal to the period during which he was at large and should have been at the approved school.



Assisting escape, etc.
68. If any person knowingly -

(a) assists or induces a person -

(i) to run away from a fit person, approved society or appointed local authority to whose care he has been committed, or from any person or institution with whom or with which he has been placed by an approved society or appointed local authority under or by virtue of this Act or any regulations made thereunder; or

(ii) to do any of the things specified in section 67 (2) of this Act; or

(b) harbours or conceals a person who has so run away or has done any of such things as aforesaid; or

(c) prevents such a person from returning, or induces such a person not to return, to the care of the person to which he has been committed, or to any place in which he should be, he shall be guilty of an offence and liable to imprisonment for a term not exceeding three months, or to a fine not exceeding three thousand shillings or to both such imprisonment and such fine.



69. Production of escaped person.

If a court is satisfied by information on oath that Production there are reasonable grounds for supposing that a person has run away, or done any of the things specified in section 67 (2) f this Act, and that some other person named in the information can produce him, the court may issue a summons requiring that other person to attend at the court and produce the person, and, if that other person fails to do so without reasonable excuse, he shall be guilty of an offence and, in addition to any other liability to which he may be subject under the pro-visions of this Act, liable to a fine not exceeding five hundred shillings.


PART XI – MISCELLANEOUS
Presumption and determination of age.
70. (1) Where a person, whether charged with an offence or not. is brought before any court otherwise than for the purpose of giving evidence, and it appears to the court that he is under eighteen years of age, the court shall make due inquiry as to the age of that person, and for that purpose shall take such evidence, including medical evidence as it may require, but an order or judgment of the court shall not be invalidated by any subsequent proof that the age of that person has not been correctly stated to the court, and the age presumed or declared by the court to be the age of the person so brought before it shall, for the purposes of this Act and of all proceedings thereunder, be deemed to be the true age of the person.

(2) A certificate purporting to be signed by a medical practitioner as to the age of a person under eighteen years of age shall be evidence thereof and shall be receivable by a court without proof of signature unless the court otherwise directs.



Contribution orders.
71. (1) A court making an order committing a person to the care of a fit person, approved society or appointed local authority or ordering him to be sent to an approved school may also, at the same time or subsequently, make an order (hereinafter referred to -as a contribution order) requiring either or both of the parents or the guardian, or, in the case of a young person, the young person himself if he is engaged in remunerative full-time work, to contribute such sums for such periods as the court shall think fit towards the maintenance of the person concerned.

(2) The contribution order shall name the person to whom the sums are to be paid.

(3) A contribution order may be made on the complaint or application of the fit person, approved society or appointed local authority to whose care the person has been committed or the manager of the approved school to which he has been ordered to be sent, and may require that contributions shall be made from the date of the committal of the person; and every sum contributed in accordance with the order shall be applied to or towards his maintenance.

(4) A court which has made a contribution order under this section may at any time vary, suspend or rescind the order, or revive the order after it has been rescinded, but no contribution order shall be made, varied, suspended, rescinded, or revived unless the court is satisfied that the person liable to make payments under the order and the person, approved society, appointed local authority or manager of the approved school to whom such payments are due, or are to become due, has received due notification of the complaint or application and had an opportunity to appear before the court on the hearing thereof.


(5) Arrears of contributions shall be recovered in the manner provided in sections 334 to 342 of the Criminal Procedure Code (Cap 75) for the levying of fines imposed by a court in criminal proceedings, and the court shall be empowered to make an attachment order against the defaulter's salary or other source of income, subject always to any written law protecting pensions or other sources of income from attachment.

(6) A person against whom a contribution order has been made shall, if he changes his address, forthwith give notice thereof to the person entitled to receive the contribution and if e fails to do so shall be guilty of an offence and liable to a fine not exceeding two hundred shillings.

(7) For the purposes of this section, "parent" includes step-father, step-mother and adoptive parent.

Affiliation orders.
72. (1) Where a person under sixteen years of age who is Affiliation ordered by a court to be committed to the care of a fit person, orders' approved society or appointed local authority or to be sent to an approved school is illegitimate, and an affiliation order for his maintenance is in force, that court may at the same time, and any court having jurisdiction in the place where the putative father is for the time being residing may subsequently at any time, order the payments under the affiliation order to be made to the person who is from time to time entitled under section 71 of this Act to receive contributions in respect of the person concerned.

(2) Applications for orders under subsection (1) of this section may be made by the persons by whom, and in the circumstances in which, applications for contribution orders1 may be made.

(3) Where an order made under subsection (1) of this section with respect to an affiliation order is in force -

(a) any powers conferred on courts by the Affiliation Act (Cap 142) shall as regards that affiliation order be exercisable, and exercisable only, by a court having jurisdiction in the place where the person liable is for the time being residing;

(b) any sums received under the affiliation order shall be applied in like manner as if they were contributions received under a contribution order.

(4) The making of an order under subsection (1) of this section shall not extend the duration of the affiliation order, and the affiliation order shall not in any case remain in force (except for the purpose of the recovery of arrears) -

(a) in the case of a person committed to the care of a fit person, approved society or appointed local authority, after the order for his committal has ceased to be in force; Win the case of a person ordered to be sent to an approved school, after he has been released from his school, either absolutely or on licence or under supervision:

Provided that where an affiliation order would, but for the provisions of this subsection, have continued in force, the mother, or any person entitled to make an application for an order under section 6 (2) of the Affiliation Act, may apply to a court having jurisdiction in the place where she or he is for the time being residing for an order that the affiliation order may be revived and that payments thereunder may until the expiration thereof be made to the applicant at such rate (not exceeding the maximum rate allowed by that Act) as may be proper, and the court may make such an order accordingly, and where such an order is so made any power to vary, revoke or again revive the affiliation order or any part thereof, being a power which would but for the provisions of this subsection be vested in the court which originally made the affiliation order, shall be exercisable, and exercisable only, by the court which made the order under this subsection.



International reciprocity.

L.N. 149/1964
73. (1) It shall be lawful for the Minister with the consent of the National Assembly, to enter into an agreement with the Government of any other country or territory on such terms and conditions as he may think fit, whereby a person has been ordered by a court under the Provisions of this Act to be sent to an approved school or other institution or committed to the care of a fit person may be received into hat country or territory and there detained in an approved institution approved under the relevant legislation of that country or territory, or received into the care of a person or returned to his parent or guardian.

(2) It shall be lawful for the Minister, with the consent of the National Assembly to enter into an agreement with the Government of any other country or territory on such terms and conditions as he may think fit been ordered by a court of such country or territory to be sent to an approved school or other institution or committed to the care of a fit person may be received in Kenya and there detained in an approved school or other institution or received into the care of a fit person, or of his parent or guardian.

(3) Any person who has been ordered under the provisions of this Act to be detained in an approved school or other institution, or committed to the care of a fit person may, while still subject to such order, by warrant signed by the Minister, be removed in custody into any other country or agreement has been concluded under subsection (1) of this section, and there detained in an approved school or other institution, or placed in the care of a parent or guardian in accordance with the law m force m the country or territory authorising such detention until the expiration of the order or until he is sooner released according to law.

(4) An order of a court of a country or territory with which an agreement has been entered into in accordance with he provisions of subsection (2) of this section which could lawfully have been made by a court in Kenya if the person had been within its jurisdiction shall upon the person being received in Kenya have the same effect and be enforceable as if the order had been made by a court in Kenya



Bonds.
74. The provisions of the Criminal Procedure Code (Cap 75) with respect to bonds for good behaviour (including the provisions as to their enforcement) shall apply to bonds entered into under this Act.
Appeals.
75. (1) An appeal to the High Court from an order Under this Act may be made m the following cases and by the following persons -
(a) in the case of an order committing a person under eighteen years of age to the care of a fit person approved society or appointed local authority or placing a person under supervision, a probation order or an order of committal to an approved school, by the person himself or his parent or guardian on his behalf;
(b) in the case of an order requiring a parent or guardian to give security for the good behaviour of a person under eighteen years of age, by the person required to give security, or, where a person under eighteen years of age is himself required to give such security by him or his parent or guardian;
(c) in the case of an order requiring a person to contribute in respect of himself or any other person, by the person required to contribute;
(d) in the case of an order requiring all or any part of the payments under an affiliation order to be paid to some other person, by the person who would but for the order be entitled to the payments.

(2) Nothing in this section shall restrict the rights of appeal to the High Court conferred by Part XI of the Criminal Procedure Code (Cap 75).



Regulations.
76. The Minister may make regulations generally for the better carrying out of the provisions and purposes of this Act, and without prejudice to the generality of the foregoing power such regulations may make provision -

(a) for the remuneration of persons to the care of whom persons are committed;

(b) for the prevention of infectious and contagious diseases in approved schools and juvenile remand homes and for the medical examination of their inmates;

(c) for causing photographs or fingerprints to be taken of persons in juvenile remand homes and approved schools, and for recording them;

(d) in relation to the care of children, including the inspection of premises maintained by such societies wholly or partly for the care of children;

(e) for the compulsory registration of voluntary institutions, nurseries, children's homes, boarding out establishments, holiday homes, places of safety and other institutions, not being schools, hospitals, convalescent homes or similar institutions, where children are received and cared for reward;

(f) for the inspection of voluntary institutions, children's homes and nurseries, boarding out establishments, holiday homes and places of safety.

Rules.
77. The Chief Justice may make rules -

(a) for regulating the manner in which juvenile courts shall be constituted under this Act and for providing a chairman thereof;

(b) to provide for the transfer of proceedings to juvenile courts;

(c) to provide for the procedure to be followed by juvenile courts and in particular as to the recording of evidence and the manner of arriving at and recording findings and orders;

(d) prescribing the punishment which may be imposed under section 27 (2) of this Act;

(e) providing for appeals against any order imposing any such punishment;

(f) providing for the appointment of suitable persons to assist and advise the court in the exercise of its jurisdiction under this Act and for the functions of such persons, regard being had to the desirability of securing that in any case concerning a child belonging to a particular community such persons as aforesaid shall be persons belonging to the same community.

Grants and expenses of the Minister.
78. There shall be paid out of moneys provided by Parliament -

(a) such sums on such conditions as the Minister may authorize towards -

(i) the expenses of the manager of an approved school;

(ii) the expenses of the manager of a juvenile remand home;

(b) such sums as grants or grants-in-aid to appointed local authorities or approved societies as may be authorized by the Minister from time to time;

(c) such sums as may be authorized by the Minister for the relief of destitute or vagrant children or for the boarding out of persons under eighteen years of age with fit persons;

(d) any other expenses incurred by the Minister in the administration of this Act.

Transitional provision.

22 of 1934
79. Any person who immediately before the commencement of this Act was detained in an approved school under the provisions of the Juvenile Act, 1934 (now repealed), shall, if that school is not an approved school under the provisions of this Act, forthwith on the commencement of this Act to be transferred to an appropriate approved school.
FIRST SCHEDULE
(ss 22 and 29)
Offences Against Children or Juveniles with Respect to which Part III of this Act Applies
1. Offences under sections 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 157, 158, 162, 163, 164, 165, 166, 167, 250 and 251 of the Penal Code.
2. Offences under this Act.

3. Any other offences involving bodily injury.



SECOND SCHEDULE

(s. 58(2))


Welfare Schemes
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