CAP. 141 (b) (c) Children [Rev. 2012] (iv) medical care including immunisation; and (v) education and guidance; the duty to protect the child from neglect, discrimination and abuse; the right to— (i) give parental guidance in religious, moral, social, cultural and other values; (ii) determine the name of the child; (iii) appoint a guardian in respect of the child; (iv) receive, recover, administer and otherwise deal with the property of the child for the benefit and in the best interests of the child; (v) arrange or restrict the emigration of the child from Kenya; (vi) upon the death of the child, to arrange for the burial or cremation of the child. (3) The Minister may make regulations for the better discharge of parental responsibility by parents whose work conditions result in the separation from their children for prolonged periods. (4) The fact that a person has or does not have parental responsibility shall not affect— (a) any obligation which such person may have in relation to the child (such as a statutory duty to maintain the child); or (b) any rights which in the event of the child’s death, such person (or any other person) may have in relation to the child’s property. (5) A person who does not have parental responsibility for a particular child, but has care and control of the child may subject to the provisions of this Act, do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare. 24. Who has parental responsibility (1) Where a child’s father and mother were married to each other at the time of his birth, they shall have parental responsibility for the child 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. (2) Where a child’s father and mother were not married to each other at the time of the child’s birth and have subsequently married each other, they shall have parental responsibility for the child and neither the father nor the mother of the child shall have a superior right or claim against the other in the exercise of such parental responsibility. (3) Where a child’s father and mother were not married to each other at the time of the child’s birth and have not subsequently married each other— (a) the mother shall have parental responsibility at the first instance; (b) the father shall subsequently acquire parental responsibility for the child in accordance with the provisions of section 25. [Issue 1] C15 - 18

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