[Rev. 2012] Children CAP. 141 (2) In any proceedings in which an issue on the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to be prejudicial to the welfare of the child. (3) Where the court is considering whether or not to make an order with regard to a child, it shall have particular regard to the following matters— (a) The ascertainable feelings and wishes of the child concerned with reference to the child’s age and understanding; (b) the child’s physical, emotional and educational needs and in particular, where the child has a disability, the ability of any person or institution to provide any special care or medical attention that may be required for the child; (c) the likely effect on the child of any change in circumstances; (d) the child’s age, sex, religious persuasion and cultural background; (e) any harm the child may have suffered, or is at risk of suffering; (f) the ability of the parent, or any other person in relation to whom the court considers the question to be relevant, to provide for and care for the child; (g) the customs and practices of the community to which the child belongs; (h) the child’s exposure to, or use of drugs or other psychotropic substances and, in particular, whether the child is addicted to the same, and the ability of any person or institution to provide any special care or medical attention that may be required for the child; (i) the range of powers available to the court under this Act. (4) The court may, if it considers it imperative for the proper determination of any matter in issue before it, of its own motion or upon application, call any expert witness it shall deem appropriate to provide assistance to the court, and the expenses of any such witness shall be determined by the court and shall be defrayed out of moneys provided by Parliament. (5) In any proceedings concerning a child, whether instituted under this Act or under any written law, a child’s name, identity, home or last place of residence or school shall not, nor shall the particulars of the child’s parents or relatives, any photograph or any depiction or caricature of the child, be published or revealed, whether in any publication or report (including any law report) or otherwise. (6) Any person who contravenes the provisions of subsection (5) commits an offence and shall on conviction be liable to a fine not less than one hundred thousand shillings or to imprisonment for a term not less than one year or to both, and in the case of a body corporate, a fine of not less than one million shillings. [Act No. 8 of 2010.] 77. Legal aid (1) Where a child is brought before a court in proceedings under this Act or any other written law, the court may, where the child is unrepresented, order that the child be granted legal representation. (2) Any expenses incurred in relation to the legal representation of a child under subsection (1) shall be defrayed out of monies provided by Parliament. C15 - 37 [Issue 1]