The Regulations seek to govern the conduct of business and affairs of the National Council for Children’s Services and the Children Advisory Committees.
| REGULATION NO. | CONTENTS OF THE REGULATION | OUR COMMENTS |
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| Regulation 2 Interpretation | “Act” means the Children Act, 2022. | We propose amendment of this definition to “Children Act, Cap 141 Laws of Kenya” in line with the 24th Annual Supplement Legal Notice No. 221 of 2023. |
“Advisory Committee” means a County Children Advisory Committee established in accordance with the Act. | We propose the deletion of this term. The term “County Children Advisory Committee” has already been defined in section 2 of the Act. This proposal seeks to prevent multiple definitions of terms that have the same meaning. |
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| “Children Database” means the Integrated National Children Database established under regulation 21. | We propose the deletion of the words “regulation 21” and replacing it with the words “regulation 19”. The Children Database has been established in regulation 19 of the Children (National Council for Children’s Services) Regulations 2024 (“the Regulations”). |
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"Council" means the National Council for Children’s Services established under section 41 of the Act. | The Council will be responsible for developing policies that regulate good practice relating to child protection and child welfare. Secondly, the Council will be responsible for collaborating with relevant state departments to monitor and evaluate the efficiency and effectiveness of all social programmes established in the interests of children. |
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“County Children Advisory Committee” has the meaning assigned to it under section 2 of the Act. | The County Children Advisory Committee will provide a platform for collaboration between the national government and county governments on children matters at the county level. |
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“public benefit organisation” has the meaning assigned to it under section 2 of the Act. | This proposal seeks to align the Regulations with the provisions of the Public Benefits Organisations Act, No. 18 of 2013 which came into force on 14th May 2024 through Legal Notice No. 78 of 2024. |
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Regulation 3 Scope of application | The Regulations shall apply to: a. conduct of business and affairs of the Council and the Children Advisory Committees; and b. execution of the functions of the Council provided under the Act. | For paragraph (a), we propose the addition of the word “County” immediately before the word “Children”. This proposal seeks to align paragraph (a) with the definition of “County Children Advisory Committee” in regulation 2. |
Regulation 4 Guiding principles | The object and purpose of the Regulations is to provide a legal framework for the Council to effectively discharge its functions under the Act. In the performance of its functions under the Act and these Regulations, the Council shall be guided by the following principles: a. ensuring reasonable access to its services in all parts of the Republic pursuant to Article 6(3) of the Constitution; b. the national values and principles of governance set out under Article 10 and 232 of the Constitution; c. ensuring that the best interest of the child is upheld; d. professionalism in the discharge of its functions; and e. integrity, transparency and accountability. | Guiding principles provide clarity about the intent and purpose of the Regulations. They help Parliament to articulate the fundamental values and goals the Regulations aims to achieve, ensuring consistency in its interpretation and application over time. Secondly, we propose the re-numbering of the regulations from regulation 4 onwards. This proposal seeks to correct the arithmetic error present in the Regulations. |
| PART II – COMMITTEES OF THE COUNCIL | ||
Regulation 5 Terms of operation | A committee of the council established pursuant to section 47(1) of the Act shall operate on such terms as the Council may specify. | This proposal ensures that the committee’s work aligns with the objectives and priorities of the Council, promoting coherence in actions and decisions. Secondly, this regulation allows the Council to monitor performance of the committees, ensuring they stay on track and meet their goals. |
Regulation 6 Conduct of business of committees of the Council | The procedure for the conduct of business and affairs of the Council, including the manner of recording conflicts of interest, shall apply, with necessary modifications, to the conduct of business and affairs of a committee of the Council. | This proposal streamlines the operations of committees by providing clear, established procedures, reducing the time and effort required to set up and manage committee processes. Secondly, this regulation allows for necessary modifications to cater to the specific needs and contexts of different committees, providing a balance between standardization and flexibility. Thirdly, this regulation facilitates efficient use of resources, as standardized procedures reduce the need for developing new systems for each committee. |
Regulation 7 Membership of committees of the Council | The members of a committee of the Council shall be at least three members. | The committee having three members is a good addition. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the committee to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. |
PART III – COUNTY CHILDREN ADVISORY COMMITTEE | ||
Regulation 8 Chairperson and vice-chairperson of the County Advisory Committee | The membership of the County Children Advisory Committee shall be as set out in section 54 of the Act. The chairperson of a County Children Advisory Committee shall be the County Commissioner. The vice-chairperson of a county Children Advisory Committee shall be the children officer-in-charge of the area. The Children Advisory Committee may, where necessary, invite any person to attend a meeting of the Advisory Committee for that person's special skills, interest and knowledge on matters related to children. | We propose the addition of a clause allowing members of the County Children Advisory Committee to vote for a temporary chairperson to preside over meetings if both the chairperson and vice-chairperson are absent. This has the following benefits: a. this maintains the momentum of the committee’s work, ensuring that urgent matters are addressed in a timely manner; and b. it guarantees that meetings can proceed even in the absence of the chairperson and vice-chairperson, avoiding delays in decision-making and project implementation. For the heading of this regulation, we propose the addition of the word “Children” immediately after the word “County”. This proposal seeks to correct the omission present in the heading of this regulation. For sub-regulation (4), we propose the addition of the word “County” immediately before the word “Children”. This proposal seeks to correct the omission present in this sub-regulation. |
Regulation 9 Secretariat of the Children Advisory Committee | The Council shall provide secretariat services to every Children Advisory Committees. The secretariat services envisaged under paragraph (1) shall include: a. convening the meetings of the County Children Advisory Committee; b. communicating the resolutions of the Children Advisory Committee; c. organising and keeping records of the meetings of the County Children Advisory Committee; and d. performing any other relevant function for the effective discharge of its duties under these Regulations. | This regulation is consistent with section 54(2)(o) of the Act which indicate that a representative of the Council shall be the Secretary of the County Children Advisory Committee. Secondly, providing secretarial services ensures that meetings are convened in a timely and organized manner, improving the efficiency and effectiveness of the County Children Advisory Committee. Further, providing secretarial services ensures that accurate records of meetings are kept, which is essential for transparency, accountability and historical reference. For sub-regulation (1) and the heading of this regulation, we propose the addition of the word “County” immediately before the word “Children”. This proposal enhances clarity by correcting the omission present in this regulation. |
Regulation 10 Conduct of business of the County Children Advisory Committee | Unless otherwise provided under the Regulations, a County Children Advisory Committee shall regulate its own procedures for the conduct of its proceedings. A County Children Advisory Committee shall meet at least once every quarter in each financial year. The quorum for the conduct of business of a County Children Advisory Committee shall be two-thirds of the total membership of the County Children Advisory Committee. A person invited to attend meetings of the Children Advisory Committee under paragraph (3) shall not count in determining the quorum of a meeting of the Children Advisory Committee. | The addition of sub-regulation (3) is a good proposal. It ensures that decisions are made with broad representation from the committee members, reflecting a wider range of views and opinions. Secondly, it prevents a small minority of members from making decisions on behalf of the entire committee, ensuring that decisions are more balanced and comprehensive. |
Regulation 11 Operational expenses of the Children Advisory Committee | The operational expenses of the Children Advisory Committee shall be met by the Council. | This will be in line with section 54(1) of the Act which indicates that the County Children Advisory Committee will perform the Council’s functions at the county level. For the heading and contents of this regulation, we propose the addition of the word “County” immediately before the word “Children”. This proposal seeks to correct the omission present in this regulation. |
Regulation 12 Working groups of a Children Advisory Committee | A Children Advisory Committee may constitute standing or ad hoc working groups for the better carrying out of its functions. The Children Advisory Committee shall determine the membership, terms of reference and procedures for a working group constituted under this regulation. The membership of a working group: a. shall not exceed one-third of the members of the Children Advisory Committee at any one time; and b. may include a person invited to attend a meeting of the committee under regulation 12. | For the heading and contents of this regulation, we propose the addition of the word “County” immediately before the word “Children”. This proposal seeks to correct the omission present in this regulation. For sub-regulation (1), the ability to create ad hoc working groups provides flexibility to address emerging issues or specific tasks without overburdening the County Children Advisory Committee. For sub-regulation (3)(a), limiting membership to one-third of the committee members ensures that working groups are manageable in size and can function efficiently. The addition of sub-regulation (3)(b) is a good proposal. It allows for the inclusion of experts with specialized knowledge that members of the committee lack. |
Regulation 13 Decisions of the County Children Advisory Committee | The decisions of a County Children Advisory Committee shall be: a. made by consensus taking into account the objects and purpose for which the County Children Advisory Committee is established and the objects and purposes of the Act; and b. may be in the form of the recommendations or resolutions to the Council; c. recorded in writing and be jointly signed by the chairperson, the vice-chairperson and Secretary of the County Children Advisory Committee. | A decision made by consensus ensures that all members’ views are considered, fostering a collaborative and inclusive environment. Secondly, decisions made by consensus are more likely to have broad support and buy-in from all members, leading to more robust and sustainable outcomes. Secondly, the addition of paragraph (c) is a good proposal. Written records ensure that all decisions are recorded in writing, providing a clear and transparent record of the committee’s deliberations and decisions. |
Regulation 14 Reports of Children Advisory Committees | Every Children Advisory Committee shall prepare and submit to the Council quarterly and annual reports of its operations and activities during the immediate preceding year. The reports under sub-regulation (1) shall consist of: a. a general report of its activities during the year under review; and b. a consolidated report summarising any reports received from any of its working groups or respective sub-county children advisory committees. The general report under sub-regulation (2) shall provide: a. an overall description of the purpose and activities of the Children Advisory Committee; b. the progress of any activity undertaken by the Children Advisory Committee during the period under review; c. the progress made on any decision, resolution or recommendation issued by the Council; d. the status of implementation of the functions for which it was established; and e. such other information as may be determined by the Council. Without prejudice to paragraph (1), the Children Advisory Committee shall prepare such other reports as may be required under the Act. | For the heading and contents of this regulation, we propose the addition of the word “County” immediately before the word “Children”. This proposal seeks to correct the omission present in this regulation. Secondly, regular reporting ensures continuous monitoring and accountability of the committee’s activities through regular reporting intervals. Further, regular reporting enables strategic planning and resource allocation based on documented progress and challenges. |
PART IV – SUB-COUNTY CHILDREN ADVISORY COMMITTEES | ||
Regulation 15 Composition of the Sub-County Advisory Committee | A Sub-County Committee shall consist of: a. the chairperson shall be the deputy County commissioner or a representative; b. the vice-chairperson shall be the children officer in charge of the sub-county; c. the officer in charge of education at the sub-county or a representative; d. the sub-county commander of police or a representative; e. a medical officer of health; f. a public health officer; g. the sub-county administrator; h. a labour officer; i. a probation officer; j. the National Council for Persons with Disabilities; k. the Civil Registrar; l. the Director of Public Prosecutions; m. one person representing each of the following entities operating within the sub-county: I. a public benefits organization dealing with child protection matters in the subcounty; II. faith based organization dealing with child protection matters in the subcounty; III. a special interest group organization dealing with child protection matters in the subcounty. The Sub-County Children Advisory Committee may, where necessary, invite or co-opt any person with special skills, interest and knowledge to assist it in its deliberations but not more than three persons may be coopted at any one time. | For the heading and contents of this regulation, we propose the addition of the word “Children” immediately before the word “Advisory”. The Sub-County Children Advisory Committee has been established in section 56 of the principal Act. Further, this proposal seeks to correct the omission present in this regulation. For sub-regulation (1), the Sub-County Children Advisory Committee has an odd number of members. This is a good addition. When there’s an even number of members who can vote, there’s a greater risk of deadlocks. This makes it difficult for the Sub-County Children Advisory Committee to make decisions, resolve conflicts or move forward with its agenda. An odd number ensures that there will always be a majority decision. Thirdly, the addition of sub-regulation (3) is a good proposal. Co-opting allows the Sub-County Children Advisory Committee to bring in individuals with specialized expertise, knowledge or experience that will assist it in performing its functions. This can be valuable when the existing council members lack the required skills or expertise. |
Regulation 17 Operational expenses of the Sub-County Advisory Committee | The operational expenses of the Children Advisory Committees shall be met by Council. | For the heading of this regulation, we propose the addition of the word “Children” immediately before the word “Advisory”. This proposal seeks to correct the omission present in this regulation. For the contents of this regulation, we propose the addition of the word “Sub-County” immediately before the word “Children”. This proposal seeks to correct the omission present in this regulation. |
Regulation 18 Reports of Sub-County Children Advisory Committees | In accordance with section 55(3)(f) of the principal Act, every Sub-County Committee shall prepare and submit an annual report to the County Children Advisory Committee. (2) The report under paragraph (1) shall contain information on: a. a description of the activities of the Sub-County Children Advisory Committee; b. the progress of any activity undertaken by the Sub-County Children Advisory Committee during the period under review; c. such other information as may be determined by the Council. | The addition of sub-regulation (1) is a good proposal. Reporting provides transparent documentation of activities and progress, allowing stakeholders to see what has been accomplished and how resources are being used. Further, it holds members of the sub-committee accountable for their actions and ensures they are working towards their objectives. Secondly, submitting reports facilitates the sharing of information between the Sub-County Children Advisory Committee and the County Children Advisory Committee, promoting better coordination and alignment of efforts. |
PART V – CHILDREN DATABASE | ||
Regulation 19 Children Database | Pursuant to section 42(t) of the Act, the Council shall establish and maintain a database of children to be known as the Integrated National Children Database. The Children Database shall serve as a platform to facilitate: a. the submission and receipt of information relating to child-care, welfare and protection of children; b. the synchronised processing of data or information relating to child-care, welfare and protection of children; c. the tracking of projects and programmes initiated and implemented under the principal Act; d. the transparency and accountability to all stakeholders in the implementation of projects and programmes under the principal Act; e. the access to information relating to child-care, welfare and protection of children; f. the co-ordination and partnership among the Council and other relevant Government ministries, Government entities or agencies and stakeholders dealing with child-care, welfare and protection of children. The Secretary to the Council shall have authority to request for report and data from any state and non-state agency in relation to children. | The Children Database has the following benefits: a. it provides a centralized platform for the submission and receipt of information, making it easier to access and manage data related to child-care, welfare and protection; b. it promotes better coordination and partnership among the Council, government ministries and other stakeholders, leading to more integrated and cohesive efforts in child-care, welfare and protection; c. it enhances public awareness and understanding of child-care, welfare and protection issues, fostering greater community involvement and support; and d. it enables the identification of trends, risks and gaps in child-care and protection, allowing for proactive measures to address them. |
Regulation 20 Form of the Children Database | The Children Database: a. shall be in electronic form or such other form as the Council may determine; b. shall contain such information relating to children as is necessary to for purposes of safeguarding and promoting the rights and welfare of the child; c. shall include: i. personal information of children such as age, origin, gender, religion, tribe, race, health and mental status, any disability or any other status; ii. a guide on the minimum indices to be captured by any operator or controller of the database; and iii. any other information necessary to achieve the objectives under regulation 20(2). | Allowing the Children Database to be in electronic form or other formats as determined by the Council, allows for flexibility to adapt to technological advancements and varying needs. Secondly, the Children Database uses collected information to identify specific needs and vulnerabilities, enabling targeted interventions to safeguard and promote child welfare. |
Regulation 21 Management of the Children Database | The Council shall adopt relevant national and internationally accepted standards, procedures, technical details and formalities for the effective use and management of the Children Database. | This has the following benefits: a. it promotes accuracy by adhering to established protocols and methodologies, reducing the likelihood of errors and discrepancies; b. it facilitates seamless integration and compatibility with other national and international databases and systems, enabling efficient data sharing and collaboration; c. it aligns with global standards, making it easier to exchange information with international organizations and agencies involved in child welfare; and d. it adopts best practices in data security and privacy, protecting sensitive information about children from unauthorized access and breaches. |
Regulation 22 Public access to the Children Database | The Council shall make the Children Database available to the public, subject to any restrictions imposed for purposes of safeguarding the rights and the best interest of the child. | This has the following benefits: a. It raises awareness about the status and needs of children, leading to more informed public discourse and policy discussions; b. it enables the public to monitor and assess the activities and effectiveness of child welfare programs, fostering greater accountability among stakeholders; and c. it facilitates the identification of gaps and areas for improvement in child welfare services, leading to more effective interventions. |