[Rev. 2012]
(d)
(a)
(b)
Children
CAP. 141
prepare and submit a report to the Director outlining his findings and
recommendations.
A refusal to allow any authorised officer referred to in subsection (2)
to enter a charitable children’s institution or such premises as are
mentioned in subsection (1) to inspect or interview any person in the
institution or premises, shall be deemed to be a reasonable cause to
suspect that a child in the institution or the premises is being neglected
or abused in a manner which causes the child to be in need of care
and protection.
Any person who unlawfully refuses to allow an authorised officer
referred to in subsection (2) to enter a charitable children’s institution
or such premises as are mentioned in subsection (1), or who interferes
in any way with the work of such officer or fails to produce any report
or records, or conceals any facility within such institution or premises,
commits an offence and is liable to imprisonment for a term not
exceeding twelve months or to a fine not exceeding Kenya shillings
fifty thousand or to both.
(4) Upon receipt of an inspection report the Director may in addition to taking
other remedial measures as may be prescribed by the Minister, require a charitable
children’s institution to appoint a new management and institute appropriate
remedial measures:
Provided that the Director may in consultation with the Area Advisory Council
appoint a manager to manage the institution for a period not exceeding two months
in order to institute remedial measures.
(5) The functions and powers of the authorised officer appointed under this
section shall be supplementary to and not in derogation of the functions and powers
conferred on an inspection committee appointed under section 68.
68. Inspection committees
(1) The Minister may appoint an inspection committee to inspect any
rehabilitation school, children’s remand home or charitable children’s institution.
(2) The committee appointed under subsection (1) shall comprise not more
than five persons and shall exercise and perform, subject to any directions given
by the Minister, the powers and functions specified in the Eighth Schedule.
(3) Recommendations of the committee shall be reported to the Minister and
shall, subject to any directions given by the Minister, be implemented by the
Director.
(4) The Director shall, within six months of the submission of a report by the
committee to the Minister, report to the Council on the action taken to implement
any recommendations contained in the report.
69. Duty to notify the Area Advisory Council
(1) Any charitable children’s institution which intends to implement a child
welfare programme shall notify the Area Advisory Council and shall provide full
information on the mode of operation and the specific objects of the programme.
(2) The Area Advisory Council shall submit to the Director particulars of the
proposed child welfare programme with recommendations.
C15 - 33
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