Kenya: Children Act No.29 of 2022
Published: 26/Jul/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 Services and for connected purposes.
Extract:
PART II – SAFEGUARDS FOR THE RIGHTS AND BEST INTERESTS OF THE CHILD
5. Realization of the rights of the child.
(1) The State shall take measures to progressively achieve the full realization of the rights of the child set out in this Part.
(2) The Cabinet Secretary shall ensure development, review and implementation of relevant policies, laws and programs to give effect to subsection (1).
6. Survival and development of the child.
(1) Every child shall have the right to life, survival, wellbeing, protection and development.
(2) For the purposes of subsection (1), no court shall pass a death sentence for any offence committed by a child.
7. Name and nationality.
(1) Every child shall have a right to a name and nationality and, as far as possible, the right to know and be cared for by their parents.
(2) Every child has the right to be registered in the Register of Births immediately after birth in accordance with the Births and Deaths Registration Act (Cap. 149).
(3) The Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth.
(4) A child found in Kenya who is or appears to be less than eight years of age, and whose nationality and parents are not known, shall be presumed to be a citizen by birth.
8. Best interests of the child.
(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies—
(a) the best interests of the child shall be the primary consideration;
(b) the best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule.
(2) All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to—
(a) safeguard and promote the rights and welfare of the child;
(b) conserve and promote the welfare of the child; and
(c) secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.
(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity.
(4) The Cabinet Secretary shall issue guidelines to give effect to this section.
9. Non-discrimination.
(1) No person shall discriminate against a child on the grounds of age, origin, sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection or any other status.
(2) A person who contravenes sub-section (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding two hundred thousand shillings or to both.
10. Differential treatment not discriminatory.
(1) Notwithstanding sections 8 and 9, differential treatment of a child which is intended to protect the best interest of the child shall not be deemed to be discrimination against the child.
(2) No differential treatment shall limit any rights of the child under this Act or under the Constitution.
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Read further: http://kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=No.%2029%20of%202022
Section 249 repeals the Children Act, 2001 (No. 8 of 2001).