ADVOKS GLOBAL · KENYA
Children Act
84. Absconding children and children of difficult character
Edition: 2022-12-31 · In force
84. Absconding children and children of difficult character
(1)Where the Secretary observes that a child committed to a rehabilitation school persistently absconds, is of difficult character, or is exercising inappropriate influence on the other children in the school, the Secretary may apply to the Court having geographical jurisdiction over the school for an order—(a)in the case of a child below the age of sixteen years, directing that the period of committal be extended by a period not exceeding six months;(b)in the case of a child above the age of sixteen years, directing that the child be transferred to a borstal institution; or(c)directing that the child be provided with appropriate medical treatment or professional counselling services, in any of the following cases—(i)cases where the child’s conduct is attributable to drug abuse;(ii)cases where the child is of unsound mind; or(iii)cases where the child is suffering from a mental illness.(2)In any proceedings under this section, the parents, guardian or any other person who has parental responsibility over the child, shall be notified of, and be heard in, the proceedings, unless the Court is satisfied that such persons cannot be found, or cannot reasonably be expected to attend at the proceedings.(3)The expenses incurred in committing a child under this section shall be borne by the State.(4)In any case where the period of committal is extended, or where the child is committed to a borstal institution, the child shall be provided with appropriate professional assistance, including legal services in accordance with the law relating to legal aid.