ADVOKS GLOBAL · KENYA
Children Act
222. Right of a child to be heard in proceedings
Edition: 2022-12-31 · In force
222. Right of a child to be heard in proceedings
(1)Every child shall be afforded an opportunity to be heard in proceedings affecting the child, either directly or through a representative.(2)Pursuant to the provisions of Article 50 of the Constitution, every child is entitled to the right to a fair trial, which shall include the presumption of innocence, the right to be notified of the charges preferred against him or her, the right to legal representation, the right to the presence of a parent or guardian, the right to present and examine witnesses, the right to remain silent, and the right to appeal at all stages of the proceedings.(3)Parents, guardians and fit persons have the right to assist the child in proceedings under this Act, and whenever possible, to participate in decisions affecting them, unless their participation is not in the best interest of the child.(4)The State shall put in place mechanisms to facilitate appropriate and effective communication with the child in conflict with the law in order to ensure the child’s participation in the judicial proceedings, including the provision of interpreters, intermediaries, augmentative and alternative modes of communication in appropriate cases.