CAP. 141
Children
[Rev. 2012]
(3) The Director shall place before the Council all information on the proposed
child welfare programme supplied by virtue of subsection (2), and the Council may
approve or disapprove such programme or part of it taking into account the best
interests of children.
(4) Where the Council disapproves a programme or part of a programme
by virtue of subsection (2), any person or organisation who proceeds with it or
with the part that is disapproved shall be liable to a fine not exceeding twenty
thousand shillings and to an additional one thousand shillings for each day that the
disapproved programme remains in operation.
70. Review of programme
The Director shall, at the end of twelve months beginning with the date
of approval of a child welfare programme, and thereafter annually, review the
programme in order to advise the Council on whether the programme should
continue being in force or be cancelled.
71. Cancellation of a programme
(1) The Council, upon the recommendation of the Director, may cancel a
programme undertaken by a charitable children’s institution on the grounds that—
(a) the institution is unfit for the care, protection and control of children; or
(b) the children admitted into the institution are suffering or are likely to
suffer harm; or
(c) the manager of the institution has contravened any of the regulations
made under this Act:
Provided that the Council shall give fifteen days notice of the proposed cancellation.
(2) Any person aggrieved by the Council’s decision made in accordance with
subsection (1) may appeal to the Minister whose decision shall be final.
(3) When a cancellation under this section takes effect, the Director shall,
subject to any directions of the Minister, take such remedial measures as may be
necessary to protect the children accommodated in the home.
(4) The Director may, under subsection (3)—
(a) remove any child or children from the home;
(b) procure the closure of the home;
(c) institute disciplinary measures against the manager of the home; or
(d) take such other action as may be necessary for the protection of the
children.
72. Regulations
The Minister may, in consultation with the Council, make regulations for the
better carrying out of the provisions of this Part and in particular, such regulations
may make provision for—
(a) the requirements of and procedure for approval of children’s welfare
programmes;
[Issue 1]
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