Child Welfare Society of Kenya Order

Section 1. Citation Section This Order may be cited as the Child Welfare Society of Kenya Order.

Section 2. Objective Section The objective and purpose of this Order is to provide a legal and institutional framework for the care, control, protection, welfare and adoption of children through the establishment of the Child Welfare Society of Kenya.

Section 3. Interpretation Section In this Order, except where the context otherwise requires- "Act" means the State Corporations Act; "adoption" means the process through which a child is permanently placed with an alternative family and is provided with new permanent legal parents and severs the bond between a child and the child's natural parents; "Board" means Board established under paragraph 7; "Board of Trustees" means the Board of Trustees registered under the irrevocable Trust Deed of the Child Welfare Society of Kenya on the 12th June, 1970 as reviewed from time to time; "Cabinet Secretary" means the Cabinet Secretary responsible for children; "Chief Executive Officer" means the Chief Executive Officer appointed in accordance with paragraph 16; "child" has the meaning assigned in the Children Act (Cap. 141); "children without appropriate care" means children who are lost, abandoned, in institutions, in abusive families or in unformalized foster care or unformalized adoption, in child headed households, living in the streets, of imprisoned parents, in emergency situations, refugees and other separated children; "duty bearer" means any person or institution, including the st...

Section 4. Establishment of the Society Section 4(1) There is established a state corporation to be known as the Child Welfare Society of Kenya. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 4(2)(c) borrowing or lending money; Section 4(2)(d) entering into contracts; and Section 4(2)(e) doing or performing such other things or acts necessary for the proper performance of the functions of the Society under the Order and which may lawfully be done or performed by a body corporate. Section 4(3) The Society shall be the successor of the Child Welfare Society of Kenya a society exempted from registration under the Societies Act and approved as a society working for the purpose of care, protection and control of children vide GazetteNotice No. 1768 of 1955 , and approved as an adoption society vide GazetteNotice No. 1356 of 1969 as read with section 200 of the Children Act (Cap. 141) and paragraph 9(1) of the Seventh Schedule to the Children Act (Cap. 141). Section 4(4) Subject to this Order, all the rights, duties, obligations, functions of care, protection and co...

Section 5. Headquarters of the Society Section The Headquarters of the Society shall be in Nairobi but the Society may establish offices and branches in other parts of the country in order to extend its services to all parts of the country.

Section 6. Functions of the Society Section be the national emergency response and rescue organization for children;

Section 7. The Board of the Society Section 7(1)(a) a Chairperson, appointed by the President; Section 7(1)(b) the Principal Secretary for the time being responsible for matters relating to children affairs or a representative; Section 7(1)(c) the Principal Secretary for the time being responsible for matters relating to finance or a representative; Section 7(1)(d) one member of the existing Board of Trustees or a representative of the Board of Trustees; Section 7(1)(e) a person who has at least a bachelor's degree from a recognized institution and who has experience in social work; Section 7(1)(f) a medical doctor duly registered under the Medical Practitioners and Dentist Act (Cap 253) Section 7(1)(g) a trustee from the existing Endowment and Trust Fund; and Section 7(1)(h) the Chief Executive Officer of the Society who shall be the Secretary to the Board, but not be entitled to vote. Section 7(2) The members of the Board appointed under paragraph (d), (e), (f) and (g) shall be appointed by the Cabinet Secretary. Section 7(3) In appointing the Members under paragraphs 7(1)(a), (d), (e), (f) and (g), the President and the Cabinet Secretary shall ensure that the persons have knowle...

Section 8. Term of office Section 8(1) The Chairperson and Members of the Board appointed under paragraphs 7(1)(a), (d), (e), (f) and (g) shall serve for a term of three years and shall be eligible for appointment for one further term of three years. Section 8(2)(a) resigns from office, in writing, to the appointing authority; Section 8(2)(b) is absent without reasonable excuse from three consecutive meetings of the Board of which the member had notice; Section 8(2)(c) is adjudged bankrupt; Section 8(2)(d) is incapacitated by prolonged physical or other illness; Section 8(2)(e) is convicted of any offence in contravention of the requirements of Chapter Six of the Constitution; and Section 8(2)(f) is otherwise unable or unfit to discharge the functions of the Board. Section 8(3) Where the office of the Chairperson or a member of the Board becomes vacant under this paragraph, the President or the Cabinet Secretary, as the case may be, may appoint another person as a replacement of the person vacating office in accordance with paragraph 7.

Section 9. Functions of the Board Section control, supervise and administer the assets of the Society in a manner that best promotes the purpose for which the Society is established;

Section 10. Powers of the Board Section 10(1) The Board shall have all the powers necessary for the proper performance of its functions under this Order. Section 10(2)(a) establish such committees as it may consider necessary for the discharge of the functions of the Board; Section 10(2)(b) develop and review policies to be undertaken by the Society; Section 10(2)(c) open such banking accounts for the funds of the Society as may be necessary; Section 10(2)(d) invest any funds of the Society not immediately required for its purposes in the manner provided under this Order; Section 10(2)(e) gather relevant information, including requisition of reports, records, documents or any information from any source, including governmental authorities, and maintain a database on children affairs; Section 10(2)(f) develop, in consultation with the Cabinet secretary, and publish in the Gazette guidelines for the better carrying out of this Order; Section 10(2)(g) prescribe the qualifications for the appointment and the procedure of appointing and gazetting of Child Welfare Officers; and Section 10(2)(h) do any other thing which is necessary or incidental to the functions of the Society.

Section 11. Meetings of the Board Section 11(1) The Chairperson shall preside over all meetings in which the Chairperson is present and in the absence of the Chairperson, the members present at the meeting shall appoint one of the members to act as a Chairperson for the purpose of that meeting. Section 11(2) The quorum for a Board meeting shall be two-thirds of all the members. Section 11(3) The Board may co-opt not more than three persons whose assistance or advice it may require for such period as it may determine, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board. Section 11(4) Subject to the provisions of this Order, the Board may regulate its own proceedings.

Section 12. Remuneration Section The Chairperson and Members of the Board shall be paid such remuneration, fees, allowances and such other reimbursements as the Cabinet Secretary shall in consultation with the Cabinet Secretary to the National Treasury determine.

Section 13. Decisions of the Board Section Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a simple majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairperson or the person appointed to be the Chairperson under paragraph 11(1) shall have a casting vote as well as a deliberative vote.

Section 14. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to a committee of the Board, or to any member, or the Chief Executive Officer of the Society the exercise of any powers or the performance of any of the functions or duties of the Board.

Section 15. Execution of Documents Section 15(1) The common seal of the Board shall be authenticated by the signature of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer, together with one member other than an ex officio member of the Board authorized, in writing, by the Board in that behalf. Section 15(2) Any document, other than a document which is required by any law to be made under seal, and any decision of the Board, may be signified under the hand of the Chairperson, or the Chief Executive Officer or any other member of the Board or any other person authorized in writing by the Board in that behalf.

Section 16. Chief Executive Officer of the Board and the Secretariat Section 16(1) There shall be a Chief Executive Officer to the Society who shall be appointed by Cabinet Secretary on the recommendation of the Board following a competitive recruitment process. Section 16(2)(a) holds at least a Bachelor's degree in social work and a relevant Masters degree from a recognised university; Section 16(2)(b) has at least ten years' post-qualification experience in the field of child welfare; and Section 16(2)(c) meets the requirements of Chapter Six of the Constitution. Section 16(3) The Chief Executive Officer shall be the secretary to the Board, and shall be responsible for the day-to-day operations and administration of the Society. Section 16(4) The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Board shall, with the approval of the Cabinet Secretary, determine.

Section 17. Officers Section 17(1) The Board shall employ and appoint such number of child welfare officers to undertake duties relating to the care, protection and control of children and other senior officers as may be necessary to assist the Chief Executive Officer in carrying out the purposes of this Order. Section 17(2) The Society shall upon the appointment of the child welfare officers publish the names of the officers in the Gazette . Section 17(3) The child welfare officers appointed under this paragraph shall perform the functions conferred on them by this Order and such other duties as the Chief Executive oOficer may from time to time direct.

Section 18. Funds of the Society Section such sums as may be provided by Parliament;

Section 19. Financial year Section The financial year of the Society shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 20. Annual estimates Section 20(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure for that year. Section 20(2)(a) the undertaking of welfare, emergency, education, skills development, local and international tracing and reunification, psychosocial support, maintenance of children, separated children, foster care, adoption, guardianship, custody, programmes for orphans and other vulnerable children and vulnerable young persons, capacity building, institutional strengthening and other programmes of the society; Section 20(2)(b) the maintenance of temporary places of safety; Section 20(2)(c) the payment of the salaries, allowances, consultancy fees and other charges; Section 20(2)(d) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Society; Section 20(2)(e) the proper maintenance of the buildings and grounds of the Society; Section 20(2)(f) the proper maintenance, repair and replacement of the equipment and other movable property of the Society; Section 20(2)(g) the development of temporary places of safety, schools, health...

Section 21. Maintenance of records and books of account Section The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Society.

Section 22. Investments by the Board. Section 22(1) The Board may invest any of the funds of the Society which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve. Section 22(2) The Board may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Society.

Section 23. Audit Section The accounts of the Society shall be audited in accordance with the Public Audit Act (Cap. 412B).

Section 24. Annual report Section 24(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediately preceding year. Section 24(2) The Cabinet Secretary shall submit the annual report to the National Assembly as soon as reasonably practicable after the report is submitted to him or her under this paragraph.

Section 25. Protection from liability Section No matter or thing done by the Chairperson or any other member of the Board or any officer, employee or agent of the Society shall, if the matter or thing is done in good faith for the purpose of executing any provisions of this Order, render the Chairperson, member, officer, employee or agent or any person acting under the directions of those persons, personally liable to any action, claim or demand.

Section 26. Liability for Damages Section The provisions of this Order shall not relieve the Society of the liability to pay compensation or damages to any person for any injury to him or his property or any of his interests caused by the exercise of any power conferred by this Order or by the failure, whether wholly or partially, of any action.

Section 27. Transitional provisions Section 27(1) In this section- "former Society" means the Child Welfare Society of Kenya operating as an exempted society under the Societies Act vide GazetteNotice No. 1536 of 1955 , approved as a society working for the purpose of care, protection and control of children vide GazetteNotice No. 1768 of 1955 , and approved as an adoption society vide Gazette Notice No. 1356 of 1969 as read with section 200 of the Children Act (Cap. 141) and paragraph 9(1) of the Seventh Schedule to the Children Act (Cap. 141). Section 27(2) Every person who at the commencement of this Order is an employee of the former Society shall, subject to this Order, be deemed to be an employee of the Child Welfare Society of Kenya established by paragraph 4. Section 27(3) A person who at the commencement of this Order is the Chief Executive Officer of the former Society shall, on that day and subject to this Order, be deemed to have been appointed as Chief Executive Officer under this Order. Section 27(4) All the land, the developments and fixtures therein held in the name of the former Society by the Trustees shall vest in the Child Welfare Society of Kenya established by...