Kenya's Children Act 2022 consolidates all children's rights: protection from corporal punishment, FGM, forced marriage, and child labour; both parents share parental responsibility; maintenance orders are enforceable through court.
The Children Act, 2022 (No. 29 of 2022) repealed and replaced the Children Act 2001. It is the primary statute governing the rights, welfare, and protection of children (persons under 18) in Kenya. Key provisions: **Parental responsibility (ss. 26–27)**: Both parents — married or not — share parental responsibility and the obligation to maintain the child. This includes financial support, education, healthcare, and moral upbringing. **Maintenance orders (ss. 99–100)**: A court can order a parent to make periodic payments for a child's maintenance. Non-compliance is enforceable through the court and can result in attachment of earnings or committal to prison. **Protection from harm (ss. 14, 18–19)**: No person shall subject a child to FGM, forced marriage, corporal punishment, torture, or any cultural practice likely to negatively affect the child's health, education, or wellbeing. Corporal punishment is prohibited in all settings — home, school, or institution. **Education (s. 12)**: Every child has the right to free and compulsory basic education directed to the development of the child's talents and abilities. **Reporting abuse (s. 120)**: Any person with reasonable grounds to believe a child is at risk of harm must report to the nearest police station or children's officer.
A father abandons his family and refuses to pay maintenance. The mother applies to the Children's Court for a maintenance order under sections 99–100 of the Children Act 2022. The court orders the father to pay a monthly sum; non-payment can result in attachment of his wages.
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