[Rev. 2012] Children CAP. 141 126. Application of trusts for maintenance of children (1) Where a child is, by an order of the court made under this Part, removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the child’s maintenance, the court may order the whole or any part of the sums so payable under the trust to be paid to the person, children’s voluntary institution or appointed local authority to whose care the child is committed, to be applied for his benefit in such manner as the court, having regard to the terms of the trust, may direct. (2) A person making default in complying with an order of the court made under this section shall be punished in the prescribed manner, or if no punishment is prescribed, may at the discretion of the court be ordered to pay a sum not exceeding two hundred shillings for every day during which such person is in default, or to be imprisoned or dealt with under section 144(5) until the default has been remedied. (3) An appeal shall lie to the High Court from an order made under this section. 127. Penalty for cruelty to and neglect of children (1) Any person who having parental responsibility, custody, charge or care of any child and who— (a) wilfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause him unnecessary suffering or injury to health (including injury or loss of sight, hearing, limb or organ of the body, and any mental derangement); or (b) by any act or omission, knowingly or wilfully causes that child to become, or contributes to his becoming, in need of care and protection, commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding five years, or to both: Provided that the court at any time in the course of proceedings for an offence under this subsection, may direct that the person charged shall be charged with and tried for an offence under the Penal Code (Cap. 63), if the court is of the opinion that the acts or omissions of the person charged are of a serious or aggravated nature. (2) For the purposes of this section, a person having parental responsibility, custody, charge or care of a child shall be deemed to have neglected such child in a manner likely to cause injury to his health if the person concerned has failed to provide adequate food, clothing, education, immunisation, shelter and medical care. (3) Any person charged under this section may be charged before the same court as that before which is brought as being in need of protection or discipline and at the same time and both issues shall be tried simultaneously and the same court shall sentence the person charged, if convicted, and make an order under section 125 if the child is found to be in need of care and protection. C15 - 59 [Issue 1]