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
Steps
- 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.
- 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.
- A charge against a child (other than murder) is heard by a Children's Court, which sits separately from adult court sittings.
- 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)
- Children Act, No. 29 of 2022 childrenservices.go.ke · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026