ADVOKS GLOBAL · KENYA
Children Act
144. When a child is in need of care and protection
Edition: 2022-12-31 · In force
144. When a child is in need of care and protection
For the purposes of this Act, a child in need of care and protection includes a child—(a)who is an orphan and has no guardian;(b)who has been abandoned by their parent or guardian;(c)who is found begging, or receiving alms;(d)who is lost and found and whose parent or guardian cannot be found;(e)whose parent or guardian has been detained, held in custody or imprisoned or is in remand,(f)who is in the company of a parent or guardian who is detained, held in custody, in prison or in remand;(g)whose parent or guardian does not, or is unable or unfit to exercise proper care and guardianship of the child;(h)whose parents are unable to provide to him or her proper care and attention by reason of being intensely engaged in litigation over custody and maintenance or other related family dispute prejudicial to the wellbeing of the child;(i)whose parent or guardian is below eighteen years of age;(j)who is truant or is falling into bad associations;(k)who is being denied education;(l)who has been or is likely to be subjected to female genital mutilation, intersex genital mutilation, child marriage, or to other customs and practices prejudicial to the child's life, education or health;(m)who has been subjected to forced male circumcision;(n)whose life is in danger or whose security is threatened by a member of the family;(o)who is a victim of human trafficking;(p)who is kept in any premises which, in the opinion of an authorized officer or a medical officer, are overcrowded, unhygienic or dangerous;(q)who is exposed to any form of violence;(r)who is pregnant or who is responsible for the pregnancy of another child;(s)who is mentally ill, terminally ill, or whose parent or guardian is mentally ill or terminally ill;(t)who has a disability or other special needs and is unlawfully confined, concealed or ill-treated;(u)who has been sexually abused or is likely to be exposed to sexual abuse and exploitation, including prostitution and pornography;(v)who engages in sexual conduct of any kind;(w)who is engaged in any work likely to harm his or her health, education, mental or moral development;(x)who is displaced as a consequence of war, civil disturbances or natural disasters, or is otherwise a refugee;(y)who is exposed to any circumstances likely to interfere with his or her physical, mental, psychological and social development;(z)who is intersex and is subjected to or likely to be subjected to discriminatory treatment or abuse;(aa)who has had any of the offences mentioned in the Third Schedule to this Act committed against him or her, or if he or she is a member of the same household as a child 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;(bb)who is in conflict with the law or is a witness to, or a victim of, a crime;(cc)who is engaged in the use of, or trafficking of drugs or any other substances that may be declared harmful by the Cabinet Secretary responsible for matters relating to health;(dd)who heads or lives in a child-headed household;(ee)who lives and works on the streets;(ff)who for any other reason, is, in the opinion of an authorized officer, vulnerable to harm or abuse;(gg)who is Human Immunodeficiency Virus (HIV) positive or has Acquired Immunodeficiency Syndrome (AIDS), and is subjected to discriminatory treatment or abuse, and whose parents are unable to exercise proper care of the child;(hh)who is recruited or is at risk of being recruited into unlawful gangs, or is exposed to or in imminent danger of being exposed to radicalization or other repugnant teachings(ii)who is suffering from a terminal, debilitating or chronic illness and whose parents are unable to exercise proper care of the child; or(jj)who is in need of medical treatment but denied access thereto by the parents or guardians on religious grounds.