Ask Gava
Kiswahili
← Your rights and the law

At what age can a child be charged with a crime?

Constitution of Kenya and Children Act, 2022 · sources read 2 Oct 2026

A child under 12 cannot be held criminally responsible for anything they do. A child under 14 is presumed not to know right from wrong unless the court is shown otherwise, and no court may send a child to prison.

Where
Children's Court (part of the Judiciary); police and children's officers handle diversion
Read the law

Steps

  1. A child accused of an offence is entitled to a lawyer at the State's expense. If the child has no lawyer, ask the court to arrange one.
  2. Ask that the child be considered for diversion (dealt with outside the normal trial). Officers and courts must consider it first where the child qualifies, for example a first or second offender who admits the act freely and the offence is not a capital one.
  3. A charge against a child (other than murder) is heard by a Children's Court, which sits separately from adult court sittings.
  4. The High Court can still hear an appeal relating to the diversion or trial of a child.

Watch out

  • Holding a child in custody before trial must be a last resort; where possible, alternatives such as placement with family are used instead.
  • A child who is detained must be held apart from adults, including while being transported.
  • A court cannot order a child to be imprisoned or sentenced to death, but it can use other orders such as probation, a fine or a rehabilitation institution.

Who this covers

  • Every child below 12: they are not criminally responsible for any act or omission.
  • Children aged 12 to 14: presumed unable to tell right from wrong, unless the court is satisfied on evidence that they can.
  • A 'child in conflict with the law' is someone above 12 and below 18 dealt with for breaking the law.
Official sources (2)
  1. Children Act, No. 29 of 2022 childrenservices.go.ke · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

Was this helpful?

Share on WhatsApp · Report a mistake

Don't include your ID number or KRA PIN. We remove them if you do.