Highlights of the Children Act, 2022

Introduction

The Children Act No. 29 of 2022 (the ‘Act’) was assented to by the President on 6th July 2022 with a commencement date of 26th July 2022.

It repealed the Children Act No. 8 of 2001 (the ‘Repealed Act’). The effect of this is that from 26thJuly 2022, the Repealed Act ceased to be in force, subject to transitional provisions including that the Act is not to be applied retrospectively to matters pending in Court.

The objective of the Act is to give effect to all Constitutional provisions relating to children. In this regard, it advances the concept of the child’s best interest as the primary consideration in every decision touching on a child.

Most importantly, the Act contains provisions for the protection and care of children such as prioritization of family-based care, as opposed to institutionalisation of children.

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This alert is for informational purposes only and should not be taken to be or construed as a legal opinion. If you have any queries or need clarifications, please do not hesitate to contact Pamella Ager, Managing Partner, (pamella@oraro.co.ke), and James Kituku, Partner, (james@oraro.co.ke) or your usual contact at our firm, for legal advice.