(3) Where a child is tried alone or jointly with an adult in a court
superior to a family and children court, the child shall be remitted to a family
and children court for an appropriate order to be made if the offence is
proved against him or her.
(4) A court making an order remitting a case to a family and children
court may give directions with respect to the custody or release of the child
on bond or bail until he or she can be brought before the family and children
court.
(5) A certificate stating the nature of the offence, the stage at which
the case is and that the case has been remitted to the family and children
court shall be forwarded to the family and children court.
101. Restriction on use of certain words.
The words “conviction” and “sentence” shall not be used in reference to a
child appearing before a family and children court; and instead, the words
“proof of an offence against a child” and “order” shall be substituted for
conviction and sentence respectively.
102. Protection of privacy and restriction on publication.
(1) The child’s right to privacy shall be respected throughout the
court proceedings in order to avoid harm being caused to him or her by
undue publicity; and no person shall, in respect of a child charged before a
family and children court, publish any information that may lead to the
identification of the child except with the permission of court.
(2)
(a)
(b)
Any person who contrary to subsection (1) publishes—
the name or address of the child;
the name or address of any school which the child has been
attending; or
(c) any photograph or other matter likely to lead to the identification
of the child,
commits an offence and is liable on conviction to a fine not exceeding five
hundred thousand shillings or to imprisonment not exceeding six months or
to both.
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