The Children Act of 2022 assumes its legal effect today, July 26, 2022.
President Uhuru Kenyatta signed the bill on July 6,2022. It replaces the Children Act of 2001.
The law contains a slew of new legal provisions that protect children’s rights.
Among them is the rise of the criminal culpability age from 8 to 12 years.
This means that a person under the age of twelve cannot be held criminally liable for any act or omission.
“Unless the Court is satisfied on evidence to the contrary, a child who commits an offence while under the age of fourteen years shall be presumed not to be capable of differentiating between right and wrong,” states the new law.
The new law also states that children accused of minor offenses will be diverted to community-based systems rather than going through the court system.
Another significant victory for children is the establishment of a Child Welfare Fund to meet the needs of children in need.
In addition, the law introduces a new concept of kinship adoption.Relatives who want to adopt children related to them will be able to do so in a much cheaper, faster, and legal-free manner under this concept.
The law also recognizes “Kafaalah,” or the taking in of a child who is deprived of parental or family care and protection by an individual professing Islamic faith.
