ADVOKS GLOBAL · KENYA
Children Act
232. Family Group Conference
Edition: 2022-12-31 · In force
232. Family Group Conference
(1)If a child has been referred to appear at a family group conference, a children officer appointed by the magistrate conducting the inquiry shall, within at least fourteen days, but not more than twenty-one days after such referral, convene the conference by—(a)setting the time and place of the conference; and(b)taking steps to ensure that all persons who are required to appear at the conference are given adequate notice of the time and place appointed for the conference.(2)The following persons shall attend a family group conference—(a)the child and his or her parent, guardian, or other fit person exercising parental responsibility over the child;(d)the Director of Public Prosecution; and(e)the victim of the alleged offence.(3)The following persons may attend a family group conference—(a)any person requested by the child;(b)the legal representative of the child;(c)a member of the community in which the child ordinarily resides; and(d)a counsellor or psychologist.(4)If a family group conference fails to take place at the time and place set for the conference pursuant to subsection (1), the children officer shall, in consultation with the Director of Public Prosecutions, convene another conference within fourteen days.(5)The primary function of the family group conference shall be to discuss the offence committed by a child in conflict with the law, so that the child may understand the impact of their offence, acknowledge it and obtain support for the reform of his or her behavior.(6)The participants in a family group conference shall act in accordance with the procedure agreed on by all the parties, who may agree to such a plan in respect of the child as they consider appropriate.(7)The plan contemplated in subsection (6) may include all or any of the following matters—(a)the application of any diversion option contemplated in this Part; or(b)any other plan appropriate to the child, his or her family and local circumstances that is consistent with the principles contained in this Act.(8)A plan contemplated under subsection (7) shall—(a)specify the objectives in relation to the child and the period within which they are to be achieved;(b)contain details of the services and assistance to be provided for the child, the parent, guardian or other fit person having parental responsibility over the child;(c)specify the person or organisations mandated to provide such services and assistance;(d)state the responsibilities of the child and of the child's parent or guardian, or fit person having parental responsibility over the child;(e)state personal objectives for the child and for the child's parent, guardian or fit person; and(f)include such other matters relating to the education, vocational training, recreation and welfare of the child as are relevant.(9)The children officer shall record the details of, and reasons for, any plan agreed to at the family group conference, and shall furnish a copy of the record to the child, the magistrate conducting the preliminary inquiry and the Director of Public Prosecutions.(10)In the event of the child’s failure to comply with any condition of the plan agreed on at the family group conference, the officer or other person shall notify the magistrate conducting the inquiry and the Director of Public Prosecutions, in writing, of such failure, in which case the matter shall be set down for hearing at the Children’s Court.(11)If the participants in a family group conference do not agree on a plan, the conference shall be closed and the children officer shall remit the matter to the magistrate conducting the inquiry for consideration of an alternative diversion option.(12)The proceedings at a family group conference shall be confidential, and no statement made by any participant in the conference may be used as evidence in any subsequent Court proceedings.