The Children Act, 2022 takes effect today, July 26, 2022.
The law, which is an upgrade from the Children Act 2001, was assented to by President Uhuru Kenyatta on July 6, 2022.
The law is laden with a myriad of enhanced legal provisions that safeguard the rights of children.
Among them is raised criminal culpability age from 8 years to 12 years.
This means a person under the age of twelve years shall not be held criminally responsible for any act or omission.
"A child who commits an offence while under the age of fourteen years shall be presumed not to be capable of differentiating between right and wrong unless the Court is satisfied on evidence to the contrary," states the new law.
The new law also states that children accused of committing minor offenses, will not be taken through the court's system, rather, they will be diverted to community-based systems.
Another big score for children is the establishment of a Child Welfare Fund to cater for the needs of children in distress.
The law also introduces a new concept of kinship adoption.
Under this concept, relatives wishing to adopt children related to them will be able to do so in a much cheaper, faster way devoid of legal technicalities.
The law also recognises “Kafaalah”, the taking in of a child who is deprived of parental or family care and protection by a person professing the Islamic faith.
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