ADVOKS GLOBAL · KENYA
Children Act
227. When to consider diversion
Edition: 2022-12-31 · In force
227. When to consider diversion
(1)Notwithstanding any provision of this Act or any other written law, any authorised officer or judicial officer dealing with any matter in which a child is suspected of, or charged with, the commission of an offence shall, where the child is eligible for diversion under this Act, in the first instance, consider that child for diversion.(2)A child is eligible for diversion if—(a)there is compelling evidence that the child committed the alleged offence;(b)the child freely and voluntarily admits responsibility, and no intimidation or pressure has been used to induce that admission;(c)the offence which he or she is suspected to have committed or charged with is not a capital offence;(d)the child and his or her parent or guardian, or other person exercising parental responsibility over the child, consent to diversion;(e)the concerns of the victim or the victim’s next of kin have been considered; and(f)the child is a first or second offender.