Child Welfare Society of Kenya Order

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

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 58 of 2014
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Order may be cited as the Child Welfare Society of Kenya Order. The Order establishes a legal and institutional framework for care, control, protection, welfare and adoption of children by establishing 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 The Board has all powers necessary to perform its functions and specific powers including establishing committees, policy development, banking, investment, information gathering, publishing guidelines, prescribing officer qualifications, and incidental actions. Rules for Board meetings: Chairperson presides when present; members present appoint an acting Chairperson if absent; quorum is two‑thirds; Board may co‑opt up to three non‑voting advisers and may regulate its proceedings subject to the Order.

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Provisions of Child Welfare Society of Kenya Order

Showing 27 of 27

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: This Order may be cited as the Child Welfare Society of Kenya Order.

Section 1. Citation Section This Order may be cited as the Child Welfare Society of Kenya Order.
2
PRELIMINARY - 2. Objective

AI-assisted research summary: The Order establishes a legal and institutional framework for care, control, protection, welfare and adoption of children by establishing the Child Welfare Society of Kenya.

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.
3
PRELIMINARY - 3. Interpretation

AI-assisted research summary: 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

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 state that has the responsibility of promoting the welfare of the child; "Endowment and Trust Fund" means the Fund established under the Trust Deed of the 12th June, 1970; "family" includes the nuclear family, extended family, foster family, adoptive family, kinship care family and guardianship family; "foster care" means temporary placement of a child or children who for any reason cannot remain in the natural family and urgently require alternative family care while other measures are being undertaken to address their circumstances in order to either restore the child or children to their families or place them in a permanent family set up; "Society" means the Child Welfare Society of Kenya established by paragraph 4 of this Order; "temporary places of safety" means foster families or abodes where children are cared for and are provided with residential care on a temporary basis as interventions are being made to address the circumstances under which a child was made to be in need of care and protection; "Trust Deed" means the irrevocable Trust Deed of the Child Welfare Society of Kenya dated the 12th June, 1970 as reviewed from time to time.

Part II

ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA

10
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 10. Powers of the Board

AI-assisted research summary: The Board has all powers necessary to perform its functions and specific powers including establishing committees, policy development, banking, investment, information gathering, publishing guidelines, prescribing officer qualifications, and incidental actions.

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.
11
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 11. Meetings of the Board

AI-assisted research summary: Rules for Board meetings: Chairperson presides when present; members present appoint an acting Chairperson if absent; quorum is two‑thirds; Board may co‑opt up to three non‑voting advisers and may regulate its proceedings subject to the Order.

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.
12
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 12. Remuneration

AI-assisted research summary: The Chairperson and Members of the Board are to be paid remuneration, fees, allowances and other reimbursements, which the Cabinet Secretary (in consultation with the Cabinet Secretary to the National Treasury) will determine.

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.
13
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 13. Decisions of the Board

AI-assisted research summary: Board decisions are made by simple majority of votes of members present and voting; if votes are equal, the Chairperson (or appointee under paragraph 11(1)) has a casting vote in addition to a deliberative vote.

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.
14
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 14. Delegation by the Board

AI-assisted research summary: The Board may, by resolution, delegate any of its powers or functions to a committee, any member, or the Chief Executive Officer of the Society.

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.
15
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 15. Execution of Documents

AI-assisted research summary: The Board's common seal must be authenticated by signatures as specified, and most documents or decisions may be signed by specified officers or authorized persons.

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.
16
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 16. Chief Executive Officer of the Board and the Secretariat

AI-assisted research summary: The Cabinet Secretary appoints the Chief Executive Officer of the Society on the Board's recommendation after a competitive recruitment process; the CEO must meet specified education and experience requirements, serve as secretary to the Board and handle day-to-day operations; the Board (with Cabinet Secretary approval) sets the CEO's terms of office.

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.
17
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 17. Officers

AI-assisted research summary: The Board must employ and appoint child welfare officers and other senior officers as necessary to assist the Chief Executive Officer; the Society must publish the officers' names in the Gazette upon appointment; appointed child welfare officers must perform their conferred functions and other duties as the Chief Executive Officer directs.

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.
4
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 4. Establishment of the Society

AI-assisted research summary: There is established a state corporation to be known as the Child Welfare Society of Kenya.

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 control of children, exemptions, assets and liabilities of the Child Welfare Society of Kenya existing immediately before the commencement of this Order shall be automatically and fully transferred to the Society.
5
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 5. Headquarters of the Society

AI-assisted research summary: The Headquarters of the Society shall be in Nairobi; the Society may establish offices and branches in other parts of the country.

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.
6
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 6. Functions of the Society

AI-assisted research summary: The Society is the national emergency response and rescue organization for children.

Section 6. Functions of the Society Section be the national emergency response and rescue organization for children;
7
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 7. The Board of the Society

AI-assisted research summary: Specifies members of the Society's Board and provides appointment responsibilities; the Chief Executive Officer shall serve as Secretary and shall not vote.

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 knowledge, experience, and expertise in matters relating to child welfare. Section 7(4) The members of the Board of Trustees of the Society existing immediately before the commencement of this Order shall recommend to the Cabinet Secretary the names of people to be appointed to the first Board.
8
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 8. Term of office

AI-assisted research summary: The Chairperson and Members of the Board shall serve for three years and may be appointed for one further three-year term; paragraph 8(2) lists grounds for vacancy; the President or Cabinet Secretary may appoint replacements.

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.
9
ESTABLISHMENT OF THE CHILD WELFARE SOCIETY OF KENYA - 9. Functions of the Board

AI-assisted research summary: The Board must control, supervise and administer the Society's assets to promote the Society's purpose.

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;

Part III

FINANCIAL PROVISIONS

18
FINANCIAL PROVISIONS - 18. Funds of the Society

AI-assisted research summary: Parliament may provide sums for the Society.

Section 18. Funds of the Society Section such sums as may be provided by Parliament;
19
FINANCIAL PROVISIONS - 19. Financial year

AI-assisted research summary: The Society's financial year is the twelve-month period ending on 30 June each year.

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.
20
FINANCIAL PROVISIONS - 20. Annual estimates

AI-assisted research summary: The Board must prepare annual revenue and expenditure estimates at least three months before each financial year; the Board must approve the estimates before that year and submit them to the Cabinet Secretary; any balance of grant may be carried forward or put into a reserve account.

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 facilities, housing and educational institutions; Section 20(2)(h) the development of children and vulnerable young persons; Section 20(2)(i) running and operating livelihood programmes for children and vulnerable young persons and families; and Section 20(2)(j) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may consider necessary. Section 20(3) The Board shall approve the annual estimates before the commencement of the financial year to which they relate and once approved the estimates shall be submitted to the Cabinet Secretary for approval. Section 20(4) Any balance of grant may be carried forward in the accounts of the Society from one year to the next and be expended as the Board may determine, or be put into a reserve account of the Society.
21
FINANCIAL PROVISIONS - 21. Maintenance of records and books of account

AI-assisted research summary: The Board must cause proper books and records of accounts to be kept for the Society's income, expenditure, assets and liabilities.

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.
22
FINANCIAL PROVISIONS - 22. Investments by the Board.

AI-assisted research summary: The Board may invest Society funds not immediately needed in securities approved by the National Treasury, and may place unneeded moneys on deposit with banks it chooses.

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.
23
FINANCIAL PROVISIONS - 23. Audit

AI-assisted research summary: The Society's accounts must be audited in accordance with the Public Audit Act (Cap. 412B).

Section 23. Audit Section The accounts of the Society shall be audited in accordance with the Public Audit Act (Cap. 412B).
24
FINANCIAL PROVISIONS - 24. Annual report

AI-assisted research summary: The Board must, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the Board's operations for the preceding year; the Cabinet Secretary must then submit that annual report to the National Assembly as soon as reasonably practicable after receiving it.

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.
25
FINANCIAL PROVISIONS - 25. Protection from liability

AI-assisted research summary: If the Chairperson, board members, officers, employees or agents act in good faith to execute this Order, they are not personally liable for actions, claims or demands.

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.
26
FINANCIAL PROVISIONS - 26. Liability for Damages

AI-assisted research summary: The Society remains liable to pay compensation or damages to any person for injuries or loss caused by exercise of powers under this Order or by failure of action.

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.
27
FINANCIAL PROVISIONS - 27. Transitional provisions

AI-assisted research summary: Section 27 contains transitional provisions deeming employees and the Chief Executive Officer of the former Child Welfare Society of Kenya to be employees and CEO of the newly established Child Welfare Society of Kenya; vests land held by the former Society in the new Society; continues trustees' oversight of income-generating projects and management of Endowment and Trust Funds; and treats prior references to the Child Welfare Society of Kenya in contracts as references to the new Society.

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 this Order. Section 27(5) All projects previously undertaken as income generating activities by the Trustees including any property held thereunder shall continue to be presided over by the Trustees under the Trust Deed of the 12th June, 1970. Section 27(6) The Endowment and Trust Funds established under an irrevocable Trust Deed of the 12th June, 1970 of the former Society and in existence immediately before commencement of this Order shall continue to be managed by the Board of Trustees and shall be used to supplement the operations of the Society to enable it meet its objectives. Section 27(7) Any reference to the Child Welfare Society of Kenya in any contract or document shall, for all purposes, be deemed to be a reference to the Child Welfare Society of Kenya established under this Order.

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