ADVOKS GLOBAL · KENYA
Children Act
152. Penalty for cruelty to and neglect of children
Edition: 2022-12-31 · In force
152. Penalty for cruelty to and neglect of children
(1)Any person who, having parental responsibility, custody, charge or care of any child, and who—(a)willfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause the child unnecessary suffering or injury to health, including injury or loss of sight, hearing, limb or organ of the body, or any mental illness; or(b)by any act or omission, knowingly or willfully causes that child to become, or contributes to his becoming, in need of care and protection,commits an offence and is liable, on conviction, to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand shillings, or to both.(2)If the Court is of the opinion that the acts or omissions specified in subsection (1) are of a serious or aggravated nature, the Court may order that the person be charged and dealt with in criminal proceedings under the Penal Code (Cap. 63) or the Prevention of Torture Act (Cap. 88).(3)For the purposes of this section, a person having parental responsibility, custody, charge or care of a child shall be deemed to have neglected such child in a manner likely to cause injury to his health if the person concerned has failed to provide adequate food, clothing, education, immunisation, shelter or medical care.(4)The Court before which an application is made for any orders relating to a child in need of care and protection has jurisdiction to entertain criminal proceedings relating to a charge against any person in respect of an offence committed under this section.(5)It shall not be a defence to a charge under this section that—(a)the suffering or actual bodily harm inflicted on a child was substantially contributed to by a person other than the accused; or(b)the child died as a result of causes other than the acts of the accused specified in subsection (1).