Children Act

Section 1. Short title Section This Act may be cited as the Children Act.

Section 2. Interpretation Section who has been deserted by the parent, guardian or caregiver; or

Section 3. Objects of the Act Section give effect to the provisions of Articles 27, 47, 48, 49, 50, 51 and 53 of the Constitution on matters relating to children; and

Section 4. Conflict of laws Section 4(1) This Act shall prevail in the case of any inconsistency between this Act and any other legislation on children matters. Section 4(2) Despite subsection (1), a provision in another legislation on children matters may prevail if it offers a greater benefit in law to a child. Section 4(3) A judicial or administrative institution or any person making an interpretation as to conflict of any provision or laws shall have regard to the best interests of a child.

Section 5. Realization of the rights of the child Section 5(1) The State shall take measures to progressively achieve the full realization of the rights of the child set out in this Part. Section 5(2) The Cabinet Secretary shall ensure development, review and implementation of relevant policies, laws and programs to give effect to subsection (1).

Section 6. Survival and development of the child Section 6(1) Every child shall have the right to life, survival, wellbeing, protection and development. Section 6(2) For the purposes of subsection (1), no court shall pass a death sentence for any offence committed by a child.

Section 7. Name and nationality Section 7(1) Every child shall have a right to a name and nationality and, as far as possible, the right to know and be cared for by their parents. Section 7(2) Every child has the right to be registered in the Register of Births immediately after birth in accordance with the Births and Deaths Registration Act ( Cap. 149 ). Section 7(3) The Principal Registrar shall take measures to ensure correct documentation and registration of intersex children at birth. Section 7(4) A child found in Kenya who is or appears to be less than eight years of age, and whose nationality and parents are not known, shall be presumed to be a citizen by birth.

Section 8. Best interests of the child Section 8(1)(a) the best interests of the child shall be the primary consideration; Section 8(1)(b) the best interests of the child shall include, but shall not be limited to the considerations set out in the First Schedule. Section 8(2)(a) safeguard and promote the rights and welfare of the child; Section 8(2)(b) conserve and promote the welfare of the child; and Section 8(2)(c) secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest. Section 8(3) In any matters affecting a child, the child shall be accorded an opportunity to express their opinion, and that opinion shall be taken into account in appropriate cases, having regard to the child’s age and degree of maturity. Section 8(4) The Cabinet Secretary shall issue guidelines to give effect to this section.

Section 9. Non-discrimination Section 9(1) No person shall discriminate against a child on the grounds of age, origin, sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection or any other status. Section 9(2) A person who contravenes sub-section (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding two hundred thousand shillings or to both.

Section 10. Differential treatment not discriminatory Section 10(1) Notwithstanding sections 8 and 9 , differential treatment of a child which is intended to protect the best interest of the child shall not be deemed to be discrimination against the child. Section 10(2) No differential treatment shall limit any rights of the child under this Act or under the Constitution.

Section 11. Right to parental care Section 11(1) Every child has the right to parental care and protection. Section 11(2) Except as is otherwise provided under this Act, every child has the right to live with his or her parents. Section 11(3) Despite subsection (2), a child may be separated from his or her parents where the Court or the Secretary determines that the separation is in the best interest of the child. Section 11(4) Where a child is separated from his or her parents under subsection (3), the child shall be provided with the best alternative care available, in accordance with this Act or any other written law, giving priority to family based alternative care. Section 11(5) Where an order made under subsection (3) applies to two or more siblings, the order shall provide that the siblings be placed under care and protection together and that they may not be separated, except for such compelling reasons as the Court shall record. Section 11(6) Subject to subsection (3), every child who is separated from one or both parents shall have the right to maintain personal relations and direct contact with the parent or parents on a regular basis, unless it is shown to the satisfact...

Section 12. Right to social security Section 12(1) Every child whose parent or guardian is unable to maintain the child has the right to social security as guaranteed by Article 43(3) of the Constitution. Section 12(2)(a) kinship care; Section 12(2)(b) guardianship; Section 12(2)(c) foster care; Section 12(2)(d) adoption; Section 12(2)(e) kafaalah ; Section 12(2)(f) care in emergency situations; Section 12(2)(g) temporary shelter; Section 12(2)(h) supported independent living; Section 12(2)(i) supported child-headed households; Section 12(2)(j) institutional care; and Section 12(2)(k) aftercare. Section 12(3)(a) facilitate the provision of parental care and protection of a child in accordance with the best interest and wellbeing of the child; Section 12(3)(b) place the child as close as possible to his or her usual place of residence; Section 12(3)(c) provide a stable, loving and protective home for the child with permanency as the long-term goal; and Section 12(3)(d) safeguard the child from abuse, violence or exploitation. Section 12(4)(a) the family is the fundamental group in society that provides the care and protection for a child; Section 12(4)(b) the process of providing al...

Section 13. Right to basic education Section 13(1) Every child has the right to free and compulsory basic education in accordance with Article 53(1)(b) of the Constitution. Section 13(2) It shall be the responsibility of every parent or guardian to present for admission or cause to be admitted his or her child, as the case may be, to a basic education institution. Section 13(3) The Cabinet Secretary shall, in consultation with the Cabinet Secretary for the time being responsible for education develop and implement policies for the realization by every child of the constitutional right to basic education.

Section 14. Right to leisure, recreation and play Section 14(1) In addition to the right to basic education guaranteed under section 13 , every child shall be entitled to leisure, play and participation in non-harmful cultural and artistic activities. Section 14(2) It shall be the responsibility of the government and of every parent or guardian to permit and facilitate the enjoyment by his or her child of the right to leisure and play at any public recreational facility. Section 14(3) Every county government shall appoint and designate specific areas in estates and villages as public child play and recreational facilities, which shall be accessible to all children, including children with disabilities.

Section 15. Religion and religious education Section 15(1) Every child shall have the right to freedom of thought, conscience, religion and religious education subject to appropriate parental guidance, and in the best interest of the child. Section 15(2) The religious guidance and education provided to a child under this section shall not in any way limit or hinder the child’s access to and enjoyment of any of the basic rights and fundamental freedoms guaranteed by the Constitution, this Act or any other law.

Section 16. Right to healthcare Section 16(1) Every child shall have the right to the highest attainable standard of healthcare services in accordance with Article 43 of the Constitution: Provided that the provisions of reproductive health services to children shall be subject to the express consent of the parent or guardian. Section 16(2) Without prejudice to the generality of subsection (1), every child has the right to enjoy the best attainable state of physical, mental and psychological health. Section 16(3) In pursuance of the right to healthcare services under this section, every child has the right to privacy and a child-friendly environment. Section 16(4)(a) access to age-appropriate information on health promotion and the prevention and treatment of ill-health and disease, mental health and reproductive health; Section 16(4)(b) access to information regarding their health status; Section 16(4)(c) access to information regarding the causes and treatment of his or her sickness; and Section 16(4)(d) confidentiality regarding his or her health status and the health status of a parent, care-giver or family member, except when maintaining such confidentiality is not in the best...

Section 17. Right to inheritance Section 17(1) Every child shall have the right to inherit property in accordance with the Law of Succession Act ( Cap. 160 ). Section 17(2)(a) every child shall be entitled to equal treatment and protection, and to the benefit of the law; and Section 17(2)(b) no person shall disinherit or cause a child to be disinherited on any grounds, including age, origin, sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection. Section 17(3) A person who contravenes subsection (2) or otherwise deprives a child of any property or benefit accruing to the child under or by virtue of the law relating to inheritance commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five million shillings, or to both. Section 17(4) In addition to the penal sanctions prescribed in subsection (3), the child shall be entitled to full restitution or the property of benefit accruing to the child. Section 17(5) The provisions of subsections (3) and (4) shall apply w...

Section 18. Protection from child labour Section 18(1) No person shall subject a child to child labour, domestic servitude, economic exploitation or any work or employment which is hazardous, interferes with the child’s education or is likely to be harmful to the child’s health or physical, mental, moral or social development. Section 18(2)(a) "employment" has the meaning assigned to it under section 52 of the Employment Act (Cap. 226); Section 18(2)(b) the provisions of Part VII of the Employment Act (Cap. 226) shall apply with necessary modifications in addition to, and not in substitution for, the provisions of this Act relating to the employment of children or subjection of children to child labour. Section 18(3) No person shall use, procure or offer a child for slavery or practices similar to slavery, including begging, debt bondage, servitude, or forced or compulsory labour or provision of personal services, whether or not for gain. Section 18(4)(a) children who have attained the age of thirteen but have not attained the age of sixteen years; and Section 18(4)(b) children who have attained the age of sixteen but have not attained the age of eighteen years.

Section 19. Protection from armed conflicts Section 19(1) No person shall subject a child to hostilities, social strife or recruitment in armed conflict, whether internal or cross border. Section 19(2) In situations of armed conflict, the state shall establish mechanisms for the protection, care and respect of the rights of the child recognized under the Constitution, this Act or any other written law. Section 19(3) The State shall establish mechanisms to facilitate the protection, rehabilitation, care, recovery and re- integration into normal social life, of any child who may be a recruit or victim of armed conflict, social strife or natural disaster. Section 19(4) No person shall subject a child to armed conflict, hostilities or recruit a child in armed conflicts, and where armed conflict occurs, respect for and protection and care of children shall be maintained in accordance with the law.

Section 20. Rights of children with disabilities Section 20(1) A child with disability shall, in addition to the rights guaranteed under the Constitution, have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education and training free of charge. Section 20(2) In addition to the right under subsection (1), a child with disability shall have the rights and privileges provided under the Persons with Disabilities Act (Cap. 133). Section 20(3) The State shall establish such institutions or facilities including child care facilities, health facilities and educational institutions as may be necessary to ensure the progressive realization of the right under this section.

Section 21. Rights of intersex children Section An intersex child shall have the right to be treated with dignity, and to be accorded appropriate medical treatment, special care, education, training and consideration as a special need category in social protection services.

Section 22. Protection from abuse, etc. Section 22(1)(a) psychological abuse; or Section 22(1)(b) child abuse. Section 22(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding two million shillings, or to both. Section 22(3)(a) proposes or solicits to meet a child for the purpose of engaging in sexual activities contrary to the provisions of the Sexual Offences Act (Cap. 63A); Section 22(3)(b) transmits or causes to be transmitted any obscene material, or otherwise makes such material accessible to children; or Section 22(3)(c) in any other way, subjects a child to online abuse, harassment or exploitation, whether through social networks, playing online games or by use of mobile phones or other electronic devices, Section 22(4) The reference in subsection (3)(c) to online abuse includes cyber bullying, grooming and solicitation, cyber enticement, cyber harassment and cyber stalking. Section 22(5) A person who intentionally transmits or causes the transmission of any communication through a computer system or network to bully a child, and such communication pl...

Section 23. Protection from harmful cultural practices, etc. Section 23(1)(a) in the case of a male child, forced circumcision; Section 23(1)(b) female genital mutilation; Section 23(1)(c) child marriage; Section 23(1)(d) virginity testing; Section 23(1)(e) girl child beading; Section 23(1)(f) except with the advice of a medical geneticist, organ change or removal in case of an intersex child; or Section 23(1)(g) any other cultural or religious rite, custom or practice that is likely to negatively affect the child's life, health, social wellbeing, dignity, physical, emotional or psychological development. Section 23(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term of not less than three years or to a fine of not less than five hundred thousand shillings, or to both. Section 23(3) A person who causes death to a child, whether directly or indirectly, in consequence of other related procedure in contravention of subsection (1) (a) commits an offence, and shall, on conviction, be liable to imprisonment for life.

Section 24. Protection from drugs and substance abuse Section 24(1)(a) the use of hallucinogens, narcotics, alcohol, tobacco products, glue, psychotropic drugs or any other drugs that may be declared harmful by the Cabinet Secretary responsible for matters relating to health; or Section 24(1)(b) involvement in the production, trafficking, sale, storage or distribution of the any of the drugs or substances referred to in paragraph (a). Section 24(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not less than five hundred thousand shillings, or to both.

Section 25. Right to freedom from torture etc. Section 25(1) Every child has the right to freedom from torture and cruel, inhuman or degrading treatment or punishment as provided under Article 25 (a) of the Constitution. Section 25(2) The assignment of any task or infliction of punishment by way of penalty for any offence committed by a child under any law shall not be construed as a contravention of the right specified in subsection (1) Provided that any such punishment shall be humane and preserve the child’s dignity, and be commensurate with the evolving capacity of the child. Section 25(3)(a) unlawfully deprives a child of his or her liberty; Section 25(3)(b) subjects the child to— Section 25(3)(c) torture or other cruel and inhuman or degrading treatment, including corporal punishment, Section 25(3)(d) any cultural or religious practice which dehumanizes or is injurious to the physical, mental and emotional wellbeing of the child,

Section 26. Detention of children in conflict with the law Section 26(1) A child shall not be deprived of his or her liberty or otherwise treated in a manner contrary to Articles 29 (f) and 51 of the Constitution, except in accordance with the Persons Deprived of Liberty Act (Cap. 90A). Section 26(2) Children deprived of liberty, detained or held in custody or committed to an institution shall be held separate from adults in facilities, including transportation facilities, appropriate to their special needs and age. Section 26(3) Male, female and intersex children deprived of liberty shall be accommodated in separate facilities. Section 26(4) Where children with disabilities are deprived of liberty under any legal process, they shall be treated on an equal basis with others and shall be entitled to such guarantees as are in accordance with the Constitution, this Act and the Persons with Disabilities Act (Cap. 133). Section 26(5) Children with disabilities deprived of liberty or accommodated in child protection units shall be accommodated in facilities that adequately meet their personal needs, taking into account the condition and nature of the disability. Section 26(6) The compete...

Section 27. Privacy Section 27(1) No person shall subject a child to arbitrary or unlawful interference with his or her privacy, family or private affairs, or correspondence, or to attacks upon his or her honour or reputation. Section 27(2) Without prejudice to the generality of subsection (1), parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. Section 27(3) The personal data concerning a child shall be processed only in accordance with the provisions of the Data Protection Act (Cap. 411C).

Section 28. Right to assemble, demonstrate, petition and participate in public life Section 28(1) Every child has the right, peaceably and unarmed, to assemble, demonstrate or present petitions to public authorities, and to freely participate in matters affecting children through lawfully established forums, associations, and assemblies at the national and county levels. Section 28(2) The right of a child to assemble, demonstrate, and to present petitions, shall be subject to the rights of others. Section 28(3) In addition to the rights guaranteed under subsections (1) and (2), every child shall have the right to express their views in all matters affecting them, and have those views heard and given due weight in accordance with the child's age and maturity. Section 28(4)(a) in accordance with the national values and principles of governance prescribed in Article 10 (2) of the Constitution. Section 28(4)(b) voluntarily by a child and without any undue influence, coercion, inducement or enticement by any person. Section 28(5) The Cabinet Secretary may issue guidelines to give effect to this section.

Section 29. Enforcement of rights under this Part Section 29(1) Any person may institute court proceedings claiming that any right or fundamental freedom of the child protected under this Part has been denied, violated or infringed, or is threatened. Section 29(2)(a) a parent or guardian acting in the interest of their child; Section 29(2)(b) a person acting on behalf of a parent or guardian who cannot act on behalf of their child or children; Section 29(2)(c) a person acting as a member of, or in the interest of, a group or class of children; Section 29(2)(d) a person acting in the public interest; or Section 29(2)(e) a duly registered association acting in the interest of one or more of its members, whose primary object is the promotion and protection of children’s rights. Section 29(3) The High Court shall hear and determine an application under subsection (1), and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of this Part. Section 29(4) Any court cost under this section shall be kept at a minimum. Section 29(5)(a) rules with respect to the practice...

Section 30. Duties and responsibilities of a child Section work for the cohesion of the family;

Section 31. Equal parental responsibility Section 31(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child. Section 31(2)(a) basic nutrition; Section 31(2)(a)(i) basic nutrition; Section 31(2)(a)(ii) shelter; Section 31(2)(a)(iii) water and sanitation facilities; Section 31(2)(a)(iv) clothing; Section 31(2)(a)(v) medical care, including immunization; Section 31(2)(a)(vi) basic education; and Section 31(2)(a)(vii) general guidance, social conduct and moral values; Section 31(2)(b) the duty to protect the child from neglect, abuse, discrimination or other differential treatment; Section 31(2)(c) provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child; Section 31(2)(c)(i) provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child; Section 31(2)(c)(ii) determine the name of the child; Section 31(2)(c)(iii) procure registration of the birth of his or her child; Section...

Section 32. Equal parental responsibility Section 32(1) Subject to the provisions of this Act, the parents of a child shall have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility whether or not the child is born within or outside wedlock. Section 32(2) A person who has parental responsibility over a child shall at all times have the duties, powers and responsibilities as are prescribed in this Act or any other written law. Section 32(3) A person with parental responsibility over a child shall not act in any way that contravenes any order of a court of competent jurisdiction made with respect to the child under this Act or any other written law. Section 32(4) A person who has parental responsibility over a child may not relinquish or assign such responsibilities to another person. Section 32(5) Nothing in subsection (4) prevents a person from making temporary arrangements, during his or her absence, to allow a fit person to exercise his or her parental responsibilities over a child for and on his or her behalf. Section 32(6) Th...

Section 33. Parental responsibility agreement Section 33(1) Parents of a child and who are not married to each other may enter into a parental responsibility agreement, in the prescribed form, whereby both, in the best interests of the child, designate and agree on clear individual responsibilities towards the child. Section 33(2)(a) how the child or children shall spend time with each parent; Section 33(2)(b) how the parents shall make joint decisions on matters relating to their respective parenting responsibilities, including religious upbringing; Section 33(2)(c) contact information; Section 33(2)(d) visitation schedule; Section 33(2)(e) holiday and school break schedule; Section 33(2)(f) transport and travel within and outside Kenya; Section 33(2)(g) responsibility for health insurance and healthcare services; Section 33(2)(h) the need for notification of parental movement in cases where either or both parents relocate or change residence; Section 33(2)(i) the manner in which decisions relating to the education of the child shall be made; and Section 33(2)(j) the joint and several responsibilities expenses for extra-curricular activities of the child. Section 33(3)(a) a person...

Section 34. Transmission of parental responsibility Section 34(1) On the death of the mother of the child, the father of the child, if still living, shall have parental responsibility for the child either alone or with the testamentary guardian (if any) appointed by the mother. Section 34(2) On the death of the father of a child, the mother of the child, if living, shall exercise parental responsibility in respect of the child either alone or with the testamentary guardian (if any) appointed by the father. Section 34(3) The surviving parent of the child shall be entitled to object to any testamentary guardian appointed by either of them acting, and may apply to the court for the revocation of the appointment of the testamentary guardian. Section 34(4)(a) a testamentary guardian appointed by either of the parents; Section 34(4)(b) a guardian appointed by the court on application in the prescribed form; Section 34(4)(c) the person in whose power a residence order was made prior to the death of the child’s father and mother, and which is for the time being in force; Section 34(4)(d) a fit person appointed by the Court on application in the prescribed form; Section 34(4)(e) in the abse...

Section 35. Extension of responsibility beyond eighteenth birthday Section 35(1) Parental responsibility in respect of a child may be extended by an order of the Court after the date on which the child attains the age of eighteen years if the Court is satisfied, either of its own motion or on application by any person, that special circumstances exist with regard to the welfare of the child that would necessitate the making of such extension. Section 35(2) The special circumstances referred to in subsection (1) include cases where the child is in need of extended parental responsibility by reason of special needs arising from severe disability or developmental disorder. Section 35(3)(a) the parent; Section 35(3)(b) any person who has parental responsibility over the child or by a relative of a child; Section 35(3)(c) the Secretary; or Section 35(3)(d) the child.

Section 36. Regulations and guidelines Section The Cabinet Secretary shall prescribe regulations to give effect to this Part and, in particular, to guide the formulation and implementation of programmes and actions to promote the preservation and strengthening of families.

Section 37. Office of the Secretary of Children Services Section 37(1) There is established the Office of the Secretary of Children Services which shall be an office in the public service. Section 37(2) The Secretary shall be recruited through a competitive process and appointed by the Public Service Commission. Section 37(3)(a) is a citizen of Kenya; Section 37(3)(b) holds a relevant bachelors and masters’ degree in social sciences from a university recognized in Kenya; Section 37(3)(c) has at least ten years’ experience in social work, education, administration and management, public administration, human resource or finance management; and Section 37(3)(d) meets the requirements of Chapter Six of the Constitution.

Section 38. Functions of the Secretary Section regulate, coordinate, manage, and supervise children’s officers in delivery of the welfare and administration of children services;

Section 39. Powers of the Secretary Section 39(1) The Secretary shall have the power to do all such acts as the Secretary may deem to be necessary to carry out the functions of the Secretary and may appoint, assign or delegate a function to an officer or a person to carry out a function assigned under this Act. Section 39(2) Without prejudice to the powers of the Director of Public Prosecution, the Secretary shall have the power to institute proceeding in respect of any contravention relating to child maintenance, child neglect and abuse.

Section 40. Appointment of chief officers, children officers and such other officers Section The Public Service Commission shall competitively recruit and appoint chief officers, children officers and such other officers as may be necessary to assist the Secretary in the performance of their duties under this Act.

Section 41. Establishment of National Council for Children’s Services Section 41(1) There is established a Council to be known as the National Council for Children’s Services, which shall be a body corporate with perpetual succession and a common seal. Section 41(2)(a) suing and being sued; Section 41(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 41(2)(c) entering into contracts; Section 41(2)(d) receiving grants and gifts in support of projects, programmes and actions designed to promote and protect the rights of the child; and doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 42. Functions of the Council Section be the central authority for the purposes of the Hague Convention on Inter-Country Adoptions;

Section 43. Composition of the Council Section 43(1)(a) a Chairperson appointed by the President; Section 43(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to children services or a representative; Section 43(1)(c) the Principal Secretary for the time being responsible for matters relating to finance or a representative; Section 43(1)(d) the Attorney-General or a representative; Section 43(1)(e) one person representing the Council of Governors; Section 43(1)(f) one person representing Public Benefits Organisations concerned in matters related to children activities; Section 43(1)(f)(i) one person representing Public Benefits Organisations concerned in matters related to children activities; Section 43(1)(f)(ii) one person representing faith based organisations; Section 43(1)(f)(iii) one person representing the private sector; Section 43(1)(g) the Secretary of children’s services; and Section 43(1)(h) the Chief Executive Officer of the Council, who shall be the secretary to the Council. Section 43(2)(a) not more than two thirds of the Council shall be comprised of one gender; Section 43(2)(b) persons with disabilities, vulnerable an...

Section 44. Term of Office. Section 44(1) The Members of the Council appointed under section 43 (1) (a), (e) and (f) shall hold office for term of three years, and shall be eligible for reappointment for one further term of three years. Section 44(2) The Members, other than the Chief Executive Office, shall serve on a part-time basis.

Section 45. Vacancy of office of chairperson and members Section 45(1)(a) dies; Section 45(1)(b) resigns from office by notice in writing addressed to the respective appointing Authority specified in section 41 ; or Section 45(1)(c) is removed from office under any of the circumstances specified in Chapter Six of the Constitution. Section 45(2) Where a vacancy occurs in the office of Chairperson or member of the Council, the appointing authority shall fill the vacancy within sixty days next following the notification of vacancy referred to in subsection (1). Section 45(3) A member appointed under subsection (2) to fill a vacancy shall serve for the respective term specified in section 44 .

Section 46. Remuneration of members of the council Section The Council shall pay its members such remuneration or allowances as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission, determine.

Section 47. Committees of the Council Section 47(1) The Council may, from time to time, establish committees for the better carrying out of its functions. Section 47(2) The Council may engage such experts or consultants as the Council may consider necessary for the effective discharge of its functions under this Act or any other written law.

Section 48. Staff of the Council Section 48(1) There shall be a Chief Executive Officer of the Council who shall be competitively recruited and appointed by the Council and whose terms and conditions of service shall be determined by the Council on advice of the Salaries and Remuneration Commission. Section 48(2)(a) is a citizen of Kenya; Section 48(2)(b) holds a relevant post graduate degree from a university recognized in Kenya; Section 48(2)(c) has at least ten years’ experience in social work, administration and management, public administration, human resource or finance management; and Section 48(2)(d) meets the requirements of Chapter Six of the Constitution. Section 48(3) The Chief Executive Officer shall hold office for a term of five years renewable for one further term of five years. Section 48(4) The Chief Executive Officer shall, in the performance of the functions and duties of his or her office, be responsible to the Council. Section 48(5)(a) the secretary to the Council; Section 48(5)(b) the head of the secretariat of the Council; Section 48(5)(c) the accounting officer of the Council; Section 48(5)(d) the custodian of all records of the Council; and Section 48(5)(e...

Section 49. The common seal of the Council Section 49(1) The seal of the Council shall be such device as may be determined by the Council and shall be kept in the custody of the Chief Executive Officer, and shall not be used except on the order of the Council. Section 49(2) The affixing of the seal shall be authenticated by the chairperson and the Chief Executive Officer or any other person authorized in that behalf by a written resolution of the Council. Section 49(3) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed and, unless the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.

Section 50. Protection from personal liability Section 50(1) A matter or thing done by a member of the Council or any officer, staff or agent of the Council shall not render such member, officer, staff or agent personally liable for any action, claim or demand whatsoever if the matter or thing is done in good faith for executing the functions, powers or duties of the Council. Section 50(2) The provisions of subsection (1) shall not relieve the Council from liability to pay compensation or damages to any person for any injury suffered by them, their property or any of their interests and arising directly or indirectly from the exercise of any power conferred under this Act or any other written law.