The Children (Guardianship) (Practice and Procedure) Rules, 2024

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 159 of 2024
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

A testamentary guardian must act jointly with the surviving parent of the child during the parent's lifetime, unless the surviving parent's objection to the guardian’s appointment is upheld by the Court. A child who is a resident of Kenya is eligible to be placed under guardianship regardless of where the child was born or whether the child is a Kenyan citizen. Sets qualifications for appointment as guardian: (a) Kenyan citizen; (b) fit person as defined under section 2; (c) not a person with mental illness as determined under the Mental Health Act (Cap. 248); (d) not convicted of offences in the Third Schedule or similar. Also prohibits appointment as sole guardian of a child if the person is not a relative unless exceptional circumstances justify it having regard to the child's welfare and best interests. The Court has the power to appoint a guardian upon application in the specified form referred to section 122 of the Act. Lists the purpose for which a guardian may be appointed.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of The Children (Guardianship) (Practice and Procedure) Rules, 2024

Showing 91 of 91

Part II

APPOINTMENT OF A GUARDIAN

10
APPOINTMENT OF A GUARDIAN - 10. Exercise of joint guardianship

AI-assisted research summary: A testamentary guardian must act jointly with the surviving parent of the child during the parent's lifetime, unless the surviving parent's objection to the guardian’s appointment is upheld by the Court.

Section 10. Exercise of joint guardianship Section 10(1)(a) where more than one guardian is validly appointed to exercise guardianship over the same child; Section 10(1)(b) where the Court appoints a guardian to act jointly with a surviving parent in circumstances envisaged under sections 34 and 123 of the Act; or Section 10(1)(c) where another person is authorized by the Court to act jointly with the guardian of the child. Section 10(2) A testamentary guardian shall act jointly with the surviving parent of the child during the lifetime of the parent unless the surviving parent’s objection to the guardian’s appointment is upheld by the Court.
5
APPOINTMENT OF A GUARDIAN - 5. Eligibility of a child for guardianship

AI-assisted research summary: A child who is a resident of Kenya is eligible to be placed under guardianship regardless of where the child was born or whether the child is a Kenyan citizen.

Section 5. Eligibility of a child for guardianship Section Pursuant to Part X of the Act, any child is eligible to be placed under guardianship if the child is a resident of Kenya, whether or not the child was born in Kenya or is a Kenyan citizen.
6
APPOINTMENT OF A GUARDIAN - 6. Qualifications for appointment as guardian

AI-assisted research summary: Sets qualifications for appointment as guardian: (a) Kenyan citizen; (b) fit person as defined under section 2; (c) not a person with mental illness as determined under the Mental Health Act (Cap. 248); (d) not convicted of offences in the Third Schedule or similar. Also prohibits appointment as sole guardian of a child if the person is not a relative unless exceptional circumstances justify it having regard to the child's welfare and best interests.

Section 6. Qualifications for appointment as guardian Section 6(1)(a) is a Kenyan citizen; Section 6(1)(b) is a fit person as defined under section 2 of the Act; Section 6(1)(c) is not a person with mental illness as determined under the Mental Health Act ( Cap. 248 ); and Section 6(1)(d) has not been convicted of any of the offences specified in the Third Schedule to the Act or similar offences. Section 6(2) A person shall not be appointed to be the sole guardian of a child if the person is not a relative of the child, unless exceptional circumstances exist to justify such appointment, having regard to the welfare and best interests of the child.
7
APPOINTMENT OF A GUARDIAN - 7. Appointment of a guardian by the Court

AI-assisted research summary: The Court has the power to appoint a guardian upon application in the specified form referred to section 122 of the Act.

Section 7. Appointment of a guardian by the Court Section upon application in the specified form as envisaged under section 122 of the Act;
8
APPOINTMENT OF A GUARDIAN - 8. Purpose for which a guardian may be appointed

AI-assisted research summary: Lists the purpose for which a guardian may be appointed.

Section 8. Purpose for which a guardian may be appointed Section the person of the child;
9
APPOINTMENT OF A GUARDIAN - 9. Modes of appointment of guardian

AI-assisted research summary: Guardians are appointed by the Court as provided for under rule 8.

Section 9. Modes of appointment of guardian Section by the Court as provided for under rule 8;

Part III

TESTAMENTARY GUARDIANSHIP

11
TESTAMENTARY GUARDIANSHIP - 11. Who may appoint a testamentary guardian

AI-assisted research summary: A parent or guardian of the child may appoint a testamentary guardian in accordance with section 124 of the Act.

Section 11. Who may appoint a testamentary guardian Section A testamentary guardian may be appointed by a parent or guardian of the child in accordance with section 124 of the Act.
12
TESTAMENTARY GUARDIANSHIP - 12. Testamentary guardianship by will

AI-assisted research summary: A parent or guardian of a child may make a will appointing a person to be the child’s guardian in the event of the parent’s or guardian’s death.

Section 12. Testamentary guardianship by will Section 12(1) A parent or guardian of a child may make a will appointing any person to be the guardian of the child in the event of such parent’s or guardian’s death. Section 12(2) The appointment of a testamentary guardian under subrule (1) may otherwise be made under a clause in a will or codicil made pursuant to the provisions of the Law of Succession Act. Section 12(3) The making, execution, and attestation of wills or codicils contemplated under this rule shall be in accordance with the law relating to testamentary instruments.
13
TESTAMENTARY GUARDIANSHIP - 13. Testamentary guardianship by deed

AI-assisted research summary: A parent or guardian may make a deed appointing a person as testamentary guardian; the deed must meet specified execution and content requirements.

Section 13. Testamentary guardianship by deed Section 13(1) A parent or guardian of a child may make a deed appointing any person to be the guardian of the child in the event of such parent’s or guardian’s death. Section 13(2)(a) be in writing; Section 13(2)(b) be dated and signed by the person making the appointment in the presence of two competent witnesses; Section 13(2)(c) bear the name and signature of the person making the appointment; Section 13(2)(d) bear the names and signatures of the witnesses attesting to the signature of, and at the direction of the person making the appointment; Section 13(2)(e) contain the details of the child and of the person appointed as testamentary guardian; Section 13(2)(f) indicate the place where the deed was made; Section 13(2)(g) express a clear intention to appoint a testamentary guardian for the child upon the death of the person making the appointment; Section 13(2)(h) indicate whether there has been previous appointment of a guardian in respect of the same child, and whether or not the appointment revokes a previous appointment, if any; Section 13(2)(i) contain a clause indicating that the person appointed as testamentary guardian has accepted the appointment; Section 13(2)(j) be made at the time when the appointing guardian or parent is competent to make the deed; Section 13(2)(k) indicate whether there is any surviving parent or guardian of the child other than the person making the deed. Section 13(3) The provisions in subrule (2) relating to execution and attestation shall apply to the procedure on amendment of a deed made under these Rules.
14
TESTAMENTARY GUARDIANSHIP - 14. Amendment of testamentary instruments

AI-assisted research summary: The maker may amend an instrument appointing a testamentary guardian at any time, subject to subrules (2) and (3) and whether before or after its registration under rule 18.

Section 14. Amendment of testamentary instruments Section 14(1) Subject to the provisions in subrules (2) and (3), an instrument appointing a testamentary guardian may be amended by the maker at any time whether before or after its registration as required under rule 18. Section 14(2) The amendment of a will or codicil appointing a testamentary guardian shall be governed by the law relating to testamentary instruments. Section 14(3) The provisions of rule 14 relating to the procedure for the making of a deed shall apply to the procedure on amendment of deeds under these Rules.
15
TESTAMENTARY GUARDIANSHIP - 15. Subsequent testamentary instruments

AI-assisted research summary: A parent or guardian who has made a testamentary instrument under these Rules may make a later instrument appointing another person as an additional or replacement testamentary guardian.

Section 15. Subsequent testamentary instruments Section 15(1) A parent or guardian who has made a testamentary instrument under these Rules may make a subsequent instrument appointing another person either as an additional testamentary guardian, or replacing the guardian initially appointed. Section 15(2)(a) predeceases the appointing parent or guardian; or Section 15(2)(a)(i) predeceases the appointing parent or guardian; or Section 15(2)(a)(ii) becomes incapable of discharging the duties of a guardian; or Section 15(2)(b) where the testamentary instrument earlier made has been revoked. Section 15(3) Subject to the provisions of the law governing testamentary instruments, a subsequent testamentary instrument made under this rule whose purpose, either by express provision or by necessary implication, is to appoint an additional guardian shall not be deemed to have revoked the initial testamentary instrument. Section 15(4) The subsequent testamentary instrument shall contain a reference to the earlier instrument, as well as a statement indicating if the latter appointment revokes the appointment made in the testamentary instrument earlier made. Section 15(5) The form, validity, and procedure for the making of an instrument under this rule shall be governed by the same provisions in these Rules governing the making of testamentary instruments.
16
TESTAMENTARY GUARDIANSHIP - 16. Requirement to register certain instruments

AI-assisted research summary: Certain testamentary instruments and revocations must be presented to the Court for registration within specified time periods; the Court may extend those periods for sufficient reason.

Section 16. Requirement to register certain instruments Section 16(1) Notwithstanding that an instrument creating a testamentary guardianship has been or is required to be registered pursuant to any other written law, any testamentary instrument made under these Rules shall be presented to the Court for registration within thirty days of its execution. Section 16(2) Where after registration, the parent or guardian makes a subsequent testamentary instrument as contemplated under rule 16(1), the latter appointment shall not take effect until after the registration of the subsequent instrument in accordance with the provisions of rule 18. Section 16(3) A parent or guardian who revokes a testamentary instrument after its registration shall, within fourteen days of its execution present the instrument of revocation for registration as provided for under rule 18. Section 16(4) Where after registration a testamentary instrument is amended pursuant to the provisions of rule 15, the amended instrument shall be presented for registration within fourteen days of its execution. Section 16(5) The Court may for sufficient reason extend the period provided for registration of instruments under this rule.
17
TESTAMENTARY GUARDIANSHIP - 17. Procedure on registration of instruments

AI-assisted research summary: Sets procedures for presenting testamentary instruments for registration: where to register, who may present them, documentary requirements, exceptions, and court actions after certification.

Section 17. Procedure on registration of instruments Section 17(1) Instruments for which registration is required under this Part shall be presented for registration at the nearest Court registry where the child ordinarily resides. Section 17(2) An amended instrument prepared as contemplated under rule 15, any subsequent instrument made in accordance with rule 16, and any instrument of revocation made pursuant to rule 20 shall be presented for registration at the Court registry where the initial testamentary instrument was registered. Section 17(3) The instrument shall be presented in person by the guardian or parent who made the instrument or by his or her advocate. Section 17(4) Where the guardian or parent who made the appointment dies before registering the testamentary instrument or any of the instruments listed at subrule (2), the instrument may be presented for registration either by the deceased guardian’s or parent’s advocate having custody of the instrument; or by the appointed testamentary guardian, surviving guardian, or surviving parent within thirty days of the death of the maker. Section 17(5) The person presenting any instrument for registration under this Part shall tender the original and its photocopy for certification by the Court: Provided that the Court may, where it is in the best interest of the child, dispense with the production of the original instrument if it is shown that the original instrument cannot be traced. Section 17(6) The Court shall, after certification, endorse upon, serialise and retain the certified copy in safe custody.
18
TESTAMENTARY GUARDIANSHIP - 18. Custody of testamentary instruments and register

AI-assisted research summary: The Court must maintain a register (Form No. GR1) of instruments presented for registration and must designate an officer to oversee registration and safe custody.

Section 18. Custody of testamentary instruments and register Section 18(1) The Court shall maintain a register in the Form No. GR1 set out in the Schedule wherein shall be entered details of instruments presented for registration under this Part. Section 18(2) The Court shall designate a suitable officer to oversee the registration of instruments under this Part, as well as the safe custody of the instruments presented for registration and the register maintained under subrule (1). Section 18(3) All instruments presented for registration under this Part, as well as the register maintained at subrule (1) shall be kept confidential and shall not be disclosed to anyone without the leave of Court. Section 18(4) Where more than one instrument envisaged under this Part relating to the same child or siblings are registered, the instruments shall be kept in one folder. Section 18(5) Subject to subrule (4), the instruments presented for registration under this Part shall be arranged in the order of serialisation and shall be sorted in accordance with the year in which they were registered.
19
TESTAMENTARY GUARDIANSHIP - 19. Revocation of appointment of a testamentary guardian

AI-assisted research summary: An appointment of a guardian by the Court under section 122 revokes earlier guardian appointments; a testamentary guardian is revoked if the parent or guardian later appoints someone else unless that later instrument was intended to add a guardian. Certain applications to challenge validity may only be filed in Court by the other parent or guardian in specified circumstances.

Section 19. Revocation of appointment of a testamentary guardian Section 19(1) The appointment of a guardian by the Court under section 122 of the Act shall revoke any earlier appointment including an appointment made in an unrevoked testamentary instrument, unless, either by express provision or by necessary implication, it can be construed that the purpose of the latter appointment was to appoint an additional guardian. Section 19(2) The appointment of a testamentary guardian shall, subject to the provisions of the law relating to testamentary instruments, be deemed revoked where the parent or guardian makes a subsequent instrument appointing a different person as guardian, unless the subsequent instrument contains an express provision to the effect that the purpose of the latter appointment was to appoint an additional guardian; or unless the Court upon application determines that by necessary implication, the latter appointment was to appoint an additional guardian. Section 19(3) A deed appointing a testamentary guardian may be revoked by an instrument of revocation made in accordance with the provisions of section 128(2) of the Act. Section 19(4) A will or codicil, or a clause in a will or codicil, appointing a testamentary guardian may be revoked in accordance with the provisions of the Law of Succession Act ( Cap. 160 ) relating to revocation of testamentary instruments, and pursuant thereto, the appointment made thereunder shall stand revoked. Section 19(5) Notwithstanding the foregoing provisions, the appointment of a testamentary guardian shall stand revoked where the testamentary, instrument by which the appointment was made is otherwise revoked or becomes invalidated by operation of the law, or where it becomes inoperative for the reason that the appointed guardian or child has pre-deceased the appointing guardian or parent. Section 19(6)(a) the validity of the instrument is brought to question; Section 19(6)(b) the testamentary guardian appointed under the instrument is dead or has refused to act, or has become incapable of assuming the role of a guardian of the child; or Section 19(6)(c) any other sufficient cause exists. Section 19(7) An application such as is envisaged under subrule (6) may only be filed in Court where the invalidity arises after assumption of testamentary guardianship; or if the appointing parent or guardian is still alive, by the other parent or guardian (if any) not being the one making the appointment. Section 19(8)(a) has indicated his or her unwillingness to assume the responsibility of guardian upon the death of the appointing guardian or parent; or Section 19(8)(a)(i) has indicated his or her unwillingness to assume the responsibility of guardian upon the death of the appointing guardian or parent; or Section 19(8)(a)(ii) has become incapable or is unlikely to effectively discharge the responsibilities of a testamentary guardian; or Section 19(8)(b) any other sufficient reason exists. Section 19(9) The provisions of rule 22(1), (2) and (3) shall apply where the revocation envisaged under subrule (8) hereof is made after the registration of the testamentary instrument.
20
TESTAMENTARY GUARDIANSHIP - 20. Direction where a subsequent appointment is made by Court

AI-assisted research summary: If the Court revokes a testamentary guardian's appointment by appointing a different person, the Court must direct that an entry to that effect be made in the register kept under rule 19(1).

Section 20. Direction where a subsequent appointment is made by Court Section Where the appointment of a testamentary guardian is revoked by subsequent appointment of a different person as guardian by the Court, the Court shall direct that an entry be made to that effect in the register kept under the provisions of rule 19(1).
21
TESTAMENTARY GUARDIANSHIP - 21. Notice of revocation and fresh appointment of guardian

AI-assisted research summary: Sets procedures when a testamentary instrument is revoked or invalidated: the appointing parent/guardian or appointed testamentary guardian must file a notice of revocation at the Court registry; after lodging that notice the appointing parent/guardian may register a subsequent instrument; if no new instrument is filed the Court must summon parties after three months; where revocation occurs after assumption of guardianship certain persons may apply for a fit person to be appointed and a fit person so appointed shall continue as guardian until the Court makes a fresh appointment.

Section 21. Notice of revocation and fresh appointment of guardian Section 21(1) An appointing parent or guardian, or the person appointed as testamentary guardian shall, where the testamentary instrument is otherwise revoked or invalidated as envisaged under rule 20(5) prepare and file a notice of revocation at the Court registry where the instrument was registered. Section 21(2) The notice of revocation shall be in Form No. GR2 set out in the Schedule. Section 21(3) The appointing parent or guardian may prepare and register a subsequent testamentary instrument upon lodging the notice of revocation under subrule (1). Section 21(4) Where no fresh testamentary instrument as envisaged under subrule (2) is filed, the Court shall, upon the lapse of three months after the registration of the notice of revocation summon the appointing parent or guardian and the testamentary guardian, and enquire on the suitability and willingness of the parties to proceed with the arrangement to establish testamentary guardianship. Section 21(5) Where the revocation or invalidation under rule 20(5) occurs after the assumption of guardianship, the testamentary guardian, Secretary, or other person may apply to Court to have a fit person appointed as guardian of the child. Section 21(6) An otherwise fit person appointed as a testamentary guardian under an instrument that is revoked or invalidated as envisaged under subrule (4) shall continue to act as guardian of the child until a fresh appointment is made by the Court.
22
TESTAMENTARY GUARDIANSHIP - 22. Procedure where the Court revokes a testamentary instrument

AI-assisted research summary: If the revocation happens before the appointing parent or guardian dies, the Court may order that parent or guardian to make and register a new testamentary instrument within the period specified.

Section 22. Procedure where the Court revokes a testamentary instrument Section where the revocation is made before the death of the appointing parent or guardian, the Court may direct the appointing parent or guardian to make and register a fresh testamentary instrument within the period specified; or
23
TESTAMENTARY GUARDIANSHIP - 23. Assumption of guardianship by a testamentary guardian

AI-assisted research summary: A testamentary guardian shall become the child's guardian on the death of the appointing or surviving parent; if the guardian's appointment is unregistered, they must register the will or deed within 30 days of assuming guardianship.

Section 23. Assumption of guardianship by a testamentary guardian Section 23(1) A testamentary guardian appointed under a testamentary instrument that has been duly registered by the Court under these Rules shall assume the role of a guardian of the child immediately upon the death of the appointing parent or guardian. Section 23(2) Notwithstanding the provisions of subrule (1), a testamentary guardian shall assume the role of guardian of the child immediately upon the death of the surviving parent, or appointing parent or guardian in cases where there is no other person exercising parental responsibility over the child. Section 23(3) Where a testamentary guardian appointed under a will or deed that has not been registered pursuant to these Rules assumes the role of guardian under subrule (2), the testamentary guardian shall present a certified copy of the will or deed for registration within thirty days from the date of assumption of the role of guardian.
24
TESTAMENTARY GUARDIANSHIP - 24. Determination of validity or enforcement of a testamentary instrument

AI-assisted research summary: When a question arises about the validity or enforcement of a testamentary instrument, the Court must decide the question with regard to the best interests of the child.

Section 24. Determination of validity or enforcement of a testamentary instrument Section 24(1) Where a question arises as to the validity or the enforcement of a testamentary instrument, the Court shall determine the question having regard to the best interests of the child. Section 24(2) Any question relating to the validity of a will or codicil appointing a testamentary guardian shall be determined in accordance with the provisions of the law relating to testamentary instruments.
25
TESTAMENTARY GUARDIANSHIP - 25. Applications under this Part

AI-assisted research summary: Applications under this Part (except those to revoke or determine the validity of a testamentary instrument) must be made by notice of motion in Form No. GR3 supported by an affidavit; the application must be registered as a “Children’s Miscellaneous Application” unless there are existing proceedings relating to the same child, in which case it must be filed in the pending proceedings.

Section 25. Applications under this Part Section 25(1) Applications under this Part, other than applications to revoke or determine the validity of testamentary instrument, shall be by way of notice of motion in Form No. GR3 set out in the Schedule supported by an affidavit setting out the factual circumstances and grounds upon which the application made. Section 25(2) The application shall be registered as a “Children’s Miscellaneous Application,” unless where there are existing proceedings before the Court relating to the same child, in which case the application shall be filed in the pending proceedings.

Part IV

APPLICATIONS RELATING TO GUARDIANSHIP

26
APPLICATIONS RELATING TO GUARDIANSHIP - 26. Application for appointment as guardian

AI-assisted research summary: An application for appointment as guardian is made by a notice of motion filed in the pending or previous proceedings in Form No. GR3 set out in the Schedule.

Section 26. Application for appointment as guardian Section by a notice of motion application filed in the pending or previous proceedings in the Form No. GR3 set out in the Schedule;
27
APPLICATIONS RELATING TO GUARDIANSHIP - 27. Contents of the affidavit

AI-assisted research summary: Section 27 lists the information and affidavits the applicant must file or include when applying for guardianship, including specific affidavit forms (GR6, GR7) in certain cases and required statements about the child, estate, custody, history, assets, consent and interim protection.

Section 27. Contents of the affidavit Section 27(1)(a) the child only; in which case the applicant shall also file an affidavit of fitness substantially in the Form No. GR6 set out in the Schedule; Section 27(1)(a)(i) the child only; in which case the applicant shall also file an affidavit of fitness substantially in the Form No. GR6 set out in the Schedule; Section 27(1)(a)(ii) the estate to which the child is a beneficiary, or the estate of the child; in which case the application shall also be accompanied by a verifying affidavit substantially in the Form No. GR7 set out in the Schedule; or Section 27(1)(a)(iii) both the child and the estate of the child; in which case the application shall be accompanied by affidavit of fitness of the applicant as well as a verifying affidavit in the specified form; Section 27(1)(b) the name and a statement indicating whether the child is male, female or intersex, and where the guardian intends to reside with the child; Section 27(1)(c) the last known address of a parent of the child, stating whether or not the parent is still alive, and whether the parental responsibility of the parent has been terminated; Section 27(1)(d) where the child does not reside with any of the child’s parents, the name and address of the person having actual custody of the child; Section 27(1)(e) a statement describing the reasons why the guardianship is sought; Section 27(1)(f) the identification of the places where the child has lived in the three years preceding the application, or since birth if the child is younger than three years of age, and where available, the names and current addresses of the persons with whom the child lived during that period; Section 27(1)(g) a description of past or current proceedings involving the child, if any; Section 27(1)(h) the name, and contact details of the applicant; Section 27(1)(i) information relating to the applicant’s relationship with the child, if at all; Section 27(1)(j) a description of, and estimated value of the assets comprising the entire estate; Section 27(1)(j)(i) a description of, and estimated value of the assets comprising the entire estate; Section 27(1)(j)(ii) a description of, and estimated value of the assets that the child is beneficially entitled to; Section 27(1)(j)(iii) the name and address of the administrator of the estate; Section 27(1)(j)(iv) information regarding the other beneficiaries of the estate, if any; Section 27(1)(j)(v) information regarding the status of the succession proceedings relating to the estate where the child is a beneficiary; Section 27(1)(j)(vi) a description of any anticipated periodic payment for the child, including contributions towards the maintenance of the child, and social welfare benefits; Section 27(1)(k) a statement affirming that the proposed guardian and any other person who may significantly affect the child’s welfare has consented to the appointment; and Section 27(1)(l) a statement that the appointment of the applicant as an interim guardian is required to protect the welfare and the best interests of the child. Section 27(2) Where the application is made jointly by more than one person, each applicant shall swear a separate affidavit of fitness.
28
APPLICATIONS RELATING TO GUARDIANSHIP - 28. Application for leave to remove a child from Kenya

AI-assisted research summary: A guardian who is not the child's parent must not remove the child from Kenya without court leave; the Court must impose appropriate conditions when granting leave; and a guardian who removes a child with leave must produce the child to the Court on return.

Section 28. Application for leave to remove a child from Kenya Section 28(1) A guardian who is not the father or mother of a child shall not remove the child from Kenya without obtaining the leave of the Court. Section 28(2)(a) by a notice of motion application filed in the pending or previous proceedings in Form No. GR3 set out in the Schedule; Section 28(2)(a)(i) by a notice of motion application filed in the pending or previous proceedings in Form No. GR3 set out in the Schedule; Section 28(2)(a)(ii) supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made; Section 28(2)(b) by a notice of motion application made in the same proceedings in Form No. GR3 set out in the Schedule; Section 28(2)(b)(i) by a notice of motion application made in the same proceedings in Form No. GR3 set out in the Schedule; Section 28(2)(b)(ii) supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made; Section 28(2)(c) by way of originating summons in Form No. GR5 set out in the Schedule; Section 28(2)(c)(i) by way of originating summons in Form No. GR5 set out in the Schedule; Section 28(2)(c)(ii) supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made. Section 28(3)(a) the urgent needs of the child at the time that the application is made; Section 28(3)(b) the need to protect the child from child trafficking and other harmful practices; and Section 28(3)(c) the best interests of the child. Section 28(4) Where the Court grants leave under this rule, it shall impose such conditions or restrictions as it considers appropriate. Section 28(5) Where a guardian removes a child out of jurisdiction of the republic of Kenya pursuant to leave granted under this rule, the guardian shall produce the child to the Court upon return.
29
APPLICATIONS RELATING TO GUARDIANSHIP - 29. Provisions governing filing of other applications

AI-assisted research summary: Provisions about filing an application by a surviving parent under section 34(3) of the Act to revoke the appointment of a testamentary guardian.

Section 29. Provisions governing filing of other applications Section by a surviving parent under section 34(3) of the Act for the revocation of appointment of a testamentary guardian;
30
APPLICATIONS RELATING TO GUARDIANSHIP - 30. Requirement for leave of Court

AI-assisted research summary: An application under rule 30(i) must be made subject to the grant of leave of the Court; the leave may be sought as part of the substantive application.

Section 30. Requirement for leave of Court Section 30(1) An application under rule 30(i) shall be made subject to the grant of leave of the Court. Section 30(2) The leave may be sought as part of the substantive application.
31
APPLICATIONS RELATING TO GUARDIANSHIP - 31. Summons to be accompanied by notice to enter appearance

AI-assisted research summary: The Court must endorse the notice to enter appearance and issue copies to the applicant within three days of filing.

Section 31. Summons to be accompanied by notice to enter appearance Section 31(1) An originating summons filed under this part shall be accompanied by a notice to enter appearance in Form No. GR8 set out in the Schedule. Section 31(2) The Court shall endorse the notice to enter appearance and issue copies thereof to the applicant within three days of filing.
32
APPLICATIONS RELATING TO GUARDIANSHIP - 32. Recourse where other proceedings are before another court

AI-assisted research summary: Proceedings must be filed before the Children’s Court.

Section 32. Recourse where other proceedings are before another court Section be filed before the Children’s Court; and

Part IX

PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS

68
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 68. Dispute between guardians

AI-assisted research summary: Joint guardians, a surviving parent, or another authorized person exercising joint guardianship may file an application when there is a dispute; the Court may direct how the application is disposed of, shall direct the parties to first seek mediation or other ADR, and may make orders it deems proper in the child's best interests.

Section 68. Dispute between guardians Section 68(1) Any of the joint guardians, or a surviving parent or other authorized person exercising joint guardianship may, where there is a dispute between them file an application in accordance with the provisions of these Rules for the determination of the matters in difference. Section 68(2) The Court may direct that an application filed under subrule (1) be disposed of orally, or by way of written submission, or in a summary manner. Section 68(3) In determining an application under this rule, the Court shall direct the parties to first seek an amicable resolution of the dispute through mediation or other suitable alternative dispute resolution mechanism. Section 68(4) Upon determination of an application under subrule (1), the Court may give such directions or make such orders regarding the matters in difference or contention as it may deem proper having regard to the best interest of the child.
69
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 69. Failure or inability to act by appointed guardian

AI-assisted research summary: When determining an application under this rule, the Court must summon the guardian or testamentary guardian to enquire about failures to discharge guardianship duties and may issue directions it considers fit.

Section 69. Failure or inability to act by appointed guardian Section 69(1)(a) fails or neglects to discharge his or her duties as guardian of the child; Section 69(1)(a)(i) fails or neglects to discharge his or her duties as guardian of the child; Section 69(1)(a)(ii) files a disclaimer of appointment in accordance with rule 71; or Section 69(1)(a)(iii) becomes incapable or unfit to exercise proper care and guardianship of the child or the child’s estate; or Section 69(1)(b) fails or neglects to discharge his or her duties as guardian of the child; or Section 69(1)(b)(i) fails or neglects to discharge his or her duties as guardian of the child; or Section 69(1)(b)(ii) becomes incapable or unfit to exercise proper care and guardianship of the child or the child’s estate, Section 69(2) The application contemplated under subrule (1) shall be commenced and disposed of in accordance with the procedure set out in these Rules. Section 69(3) An application filed under subrule (1) shall name the guardian or testamentary guardian, and the person proposed to be appointed as the new guardian as parties. Section 69(4) In determining an application under this rule, the Court shall summon the guardian or testamentary guardian for purposes of enquiring the reasons for his or her failure to discharge the duties of guardian and may issue such directions as it deems fit.
70
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 70. Form of disclaimer of appointment

AI-assisted research summary: A person appointed as a guardian under sections 122 and 123 may disclaim the appointment by a written instrument in Form No. GR15 set out in the Schedule.

Section 70. Form of disclaimer of appointment Section 70(1) A person appointed as a guardian under sections 122 and 123 of the Act may disclaim the appointment by instrument made in writing in the Form No. GR15 set out in the Schedule. Section 70(2)(a) been appointed as such guardian by the Court without his or her knowledge or consent; or Section 70(2)(b) been appointed as guardian in proceedings to which he or she was neither a party nor was served; and Section 70(2)(c) is unwilling or unable to effectively discharge the duties of a guardian of the child or the child’s estate.
71
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 71. Disclaimer of appointment to be filed in Court

AI-assisted research summary: Persons disclaiming an appointment must make the disclaimer as soon as reasonably practicable after they know the appointment has taken effect, must date and sign it, and it must be presented for registration within seven days of execution; the disclaimer is to be presented for registration at the Court registry and in the file where the guardian appointment was made.

Section 71. Disclaimer of appointment to be filed in Court Section 71(1)(a) made as soon as it is reasonably practicable after the person disclaiming having known that the appointment has taken effect; Section 71(1)(b) dated and signed by the person disclaiming; and Section 71(1)(c) presented for registration withing seven days of its execution. Section 71(2) The disclaimer of appointment shall be presented for registration at the Court registry and in the file where the appointment of the guardian was made.
72
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 72. Directions upon filing of disclaimer of appointment

AI-assisted research summary: When a person files a disclaimer of appointment, the Court must immediately list the case for mention and cause notice to be served on parties to the appointment proceedings and on the person disclaiming.

Section 72. Directions upon filing of disclaimer of appointment Section 72(1) Upon the filing of the disclaimer of appointment, the Court shall immediately list the case for mention and cause notice to be served upon persons who were party to the proceedings leading to the appointment as well as upon the person disclaiming. Section 72(2)(a) discharging the person disclaiming from being a guardian of the child either immediately or after a specified period of time; Section 72(2)(b) appointing a fit person as guardian of the child or the child’s estate; Section 72(2)(c) on custody and care of the child in the meantime before the appointment of a new guardian.
73
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 73. When disclaimer can take effect

AI-assisted research summary: A disclaimer of appointment filed under rule 71 has no effect until after the Court issues directions under rule 73.

Section 73. When disclaimer can take effect Section A disclaimer of appointment filed under rule 71 shall not have effect until after the Court has issued directions under rule 73.
74
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 74. Extension of guardianship beyond the child’s eighteenth birthday

AI-assisted research summary: The Court may extend a guardianship order beyond the child's eighteenth birthday where exceptional circumstances exist.

Section 74. Extension of guardianship beyond the child’s eighteenth birthday Section 74(1) The Court may, where exceptional circumstances exist make an order extending the period of a guardianship order issued in terms of rule 65(1) beyond the child’s eighteenth birthday. Section 74(2)(a) that the child suffers from mental or physical disability, or from illness that will render him incapable of maintaining himself, or managing his own affairs or the child’s property without the assistance of a guardian; Section 74(2)(b) such exceptional circumstances as the Court may deem proper having regard to the child.
75
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 75. Who may apply for extension of guardianship

AI-assisted research summary: Certain persons may apply for an extension of guardianship: the child, the parent or guardian of the child, a relative of the child, or the Secretary.

Section 75. Who may apply for extension of guardianship Section 75(1)(a) the child; Section 75(1)(b) parent or guardian of the child; Section 75(1)(c) a relative of the child; or Section 75(1)(d) the Secretary. Section 75(2) The provisions of rule 27 shall apply mutatis mutandis to the procedure for filing an application under this rule.
76
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 76. Orders of Court upon application for extension of guardianship

AI-assisted research summary: The Court may include various conditions, directions and incidental provisions when extending guardianship; it must not extend a guardian's appointment without the guardian's consent and, if capable, the child's consent.

Section 76. Orders of Court upon application for extension of guardianship Section 76(1)(a) such conditions as to the duration of the order; Section 76(1)(b) directions as to how the order shall be carried out; Section 76(1)(c) conditions that must be complied with; and Section 76(1)(d) such incidental, supplemental, or consequential provisions as the Court thinks fit. Section 76(2) The Court shall not make an order extending the duration of guardianship under subrule (1) without the consent of the guardian whose appointment is required to be extended, as well as the consent of the child, if the child can give such consent.
77
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 77. Power of Court to vary, revoke extension orders

AI-assisted research summary: The Court has the power to vary, modify, or revoke any extension order made under rule 77 at any time.

Section 77. Power of Court to vary, revoke extension orders Section 77(1) The Court may at any time vary, modify, or revoke any extension order made under rule 77. Section 77(2)(a) the child; Section 77(2)(b) parent or guardian of the child; Section 77(2)(c) a relative of the child; Section 77(2)(d) the Secretary; or Section 77(2)(e) a spouse, where the child married after the eighteenth birthday
78
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 78. Grounds for termination of guardianship

AI-assisted research summary: Grounds for termination of guardianship: the guardian dies.

Section 78. Grounds for termination of guardianship Section the guardian dies;
79
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 79. Secretary to set down case for mention where guardian dies

AI-assisted research summary: If guardianship ends because the appointed guardian dies, the Secretary must immediately set the case down for directions before the Court; on the date appointed the Court must make orders about the child's custody, care, or parental responsibility.

Section 79. Secretary to set down case for mention where guardian dies Section 79(1) Where guardianship is terminated because of the death of the appointed guardian, the Secretary shall immediately set down the case for directions before the Court. Section 79(2) On the date set for directions under subrule (1), the Court shall make such orders as it thinks appropriate in respect of the custody and care of, or parental responsibility over the child.
80
PROCEDURE AFTER ISSUANCE OF GUARDIANSHIP ORDERS - 80. Consequences of termination of guardianship

AI-assisted research summary: When guardianship ends because the child turns 18 (unless the Court orders otherwise), the child is entitled to manage their affairs and have money or property due to them; non-monetary property or investments are transferred into their name. If the Court orders termination of guardianship over a child’s estate, the former guardian must promptly hand over remaining estate assets to the child with a final account.

Section 80. Consequences of termination of guardianship Section 80(1) Unless the Court otherwise orders or directs, where guardianship is terminated for the reason that the child has attained the age of eighteen years, the child shall be entitled to take personal responsibility over his or her affairs and any money or property lawfully due to them and, in the case of any other form of property or investment other than money, the property or investment shall be transferred into his or her name. Section 80(2) Where the Court orders the termination of a guardianship relating to the management of the child’s estate, the former guardian shall promptly deliver the remaining assets comprising the estate to the child along with a final account:

Part nn

Part – PRELIMINARY PROVISIONS

1
Part – PRELIMINARY PROVISIONS - 1. Citation

AI-assisted research summary: Provides the short title: the Children (Guardianship) (Practice and Procedure) Rules, 2024.

Section 1. Citation Section These Rules may be cited as the Children (Guardianship) (Practice and Procedure) Rules, 2024.
2
Part – PRELIMINARY PROVISIONS - 2. Interpretation

AI-assisted research summary: Defines terms used in these Rules: “instrument of revocation”, “intermediary”, “summons”, and “testamentary instrument”.

Section 2. Interpretation Section In these Rules, unless the context otherwise requires— “instrument of revocation” means any subsequent instrument; or a subsequent deed, will, or codicil that revokes the appointment of a testamentary guardian made in an earlier testamentary instrument; “intermediary” means a person authorized by the Court on account of experience or expertise to facilitate trial or give evidence on behalf of a child; “summons” means an originating summons made under these Rules; and “testamentary instrument” means a deed, will, subsequent will, or codicil, or a clause in a will, subsequent will, or codicil appointing a testamentary guardian.
3
Part – PRELIMINARY PROVISIONS - 3. Objective and principles of these Rules

AI-assisted research summary: The Rules aim to facilitate the just, expeditious and proportionate determination of applications relating to guardianship under the Act and require that the best interests of the child be upheld, promote placement in the child’s own social-cultural environment, and ensure realization of the objectives and principles set out in section 12 of the Act.

Section 3. Objective and principles of these Rules Section 3(1) The objective of these Rules is to facilitate the just, expeditious and proportionate determination of applications relating to guardianship under the Act. Section 3(2)(a) ensuring that the best interest of the child principle is upheld; Section 3(2)(b) promoting the placement of the child in the child’s own social-cultural environment; Section 3(2)(c) ensuring the realization of the objectives and principles set out in section 12 of the Act. Section 3(3) Nothing in these Rules shall preclude the Court from exercising any power or issuing any orders or directions which may be just and fit having regard to the best interests of the child.
4
Part – PRELIMINARY PROVISIONS - 4. Application of Rules

AI-assisted research summary: The Court is identified as the actor in relation to the appointment of a guardian for a child, the child’s estate, or both.

Section 4. Application of Rules Section the appointment of a guardian by the Court in respect of a child, a child’s estate, or both;

Part V

SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS

33
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 33. Service of court process

AI-assisted research summary: Order 5 of the Civil Procedure Rules applies to service of court process under these Rules unless the Court orders otherwise.

Section 33. Service of court process Section Unless otherwise ordered by the Court, the provisions of Order 5 of the Civil Procedure Rules shall apply to the service of court process under these Rules.
34
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 34. Secretary to be party

AI-assisted research summary: The Secretary is entitled to be made a party to all proceedings and to be served with all process under these Rules.

Section 34. Secretary to be party Section The Secretary shall be made a party to all proceedings and shall be served with all process under these Rules.
35
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 35. Service of notice to enter appearance

AI-assisted research summary: Service of notice to enter appearance must be effected within ten days from the date the applicant is issued with endorsed notices by the Court.

Section 35. Service of notice to enter appearance Section 35(1)(a) the person proposed to be appointed as guardian; Section 35(1)(b) the Secretary; Section 35(1)(c) a parent or guardian of the child, or any person who is liable to contribute to the maintenance of the child; Section 35(1)(d) all persons who are party to the proceedings; and Section 35(1)(e) any other party as the Court may direct. Section 35(2) Service under this rule shall be effected within ten days from the date that the applicant is issued with endorsed notices by the Court pursuant to rule 32(2).
36
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 36. Service where application is made in other proceedings

AI-assisted research summary: Lists the persons to be served when an application is made in other proceedings and requires service of the application to be effected within ten days from the date of filing.

Section 36. Service where application is made in other proceedings Section 36(1)(a) all persons who are party to the application; Section 36(1)(b) the Secretary; Section 36(1)(c) a parent or guardian of the child, or any person who is liable to contribute to the maintenance of the child; Section 36(1)(d) the guardian ad litem , if any; Section 36(1)(e) the other parties to the pending or previous proceedings whom the Court deems necessary; Section 36(1)(f) any other party as the Court may direct. Section 36(2) Service of application under this rule shall be effected within ten days from the date of filing.
37
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 37. Who may serve

AI-assisted research summary: Service of process may be done by the applicant or a duly authorized process server; after effecting service the applicant or process server must immediately file a certificate of service in Form No. GR9.

Section 37. Who may serve Section 37(1) Service of process under these Rules may be effected by the applicant or by a duly authorized process server. Section 37(2) The applicant or the process server as the case may be shall, immediately after effecting service under rules 36 and 37 file a certificate of service in the Form No. GR9 set out in the Schedule.
38
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 38. Appearance

AI-assisted research summary: A party served with a notice under rule 36 may enter an appearance in Form No GR10 within seven days of service.

Section 38. Appearance Section A party served with a notice to enter appearance under rule 36 may, within seven days of service enter an appearance in Form No GR10 set out in the Schedule.
39
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 39. Form of reply to the originating summons

AI-assisted research summary: A party served with the notice to enter appearance and the originating summons must file and serve an affidavit in reply, whether or not they have entered an appearance.

Section 39. Form of reply to the originating summons Section 39(1) A party who has been served with the notice to enter appearance and the originating summons pursuant to rule 36 shall, whether or not that party has entered an appearance file and serve an affidavit in reply to the application. Section 39(2) The affidavit shall be filed and served within fourteen days from the date of service of the notice to enter appearance, and shall be served upon all persons named as party to the application. Section 39(3) The affidavit in reply shall indicate whether or not the respondent opposes the prayers set out in the originating summons and the reasons thereof.
40
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 40. Reply to applications

AI-assisted research summary: A party served with an application under rule 37 must, within fourteen days of service, file and serve a replying affidavit stating whether the party opposes the application and, if so, the reasons.

Section 40. Reply to applications Section A party served with an application pursuant to rule 37 shall, within fourteen days of service file and serve a replying affidavit indicating if the party opposes the application and if so, the reasons thereof.
41
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 41. Amendment of pleadings

AI-assisted research summary: Order 8 Rule 4 of the Civil Procedure Rules applies to amendment of the pleadings under these Rules.

Section 41. Amendment of pleadings Section The provisions of Order 8 Rule 4 of the Civil Procedure Rules shall apply to amendment of the pleadings under these Rules.
42
SERVICE OF COURT PROCESS AND PRE-HEARING PROCEEDINGS - 42. Close of pleadings

AI-assisted research summary: Pleadings close seven days after the filing of the replying affidavit or fourteen days after service of the notice to enter appearance on all parties to the application, whichever is later.

Section 42. Close of pleadings Section Pleadings shall close seven days after the filing of the replying affidavit or fourteen days after service of the notice to enter appearance on all parties to the application, whichever is later.

Part VI

PROVISIONS RELATING TO HEARING

43
PROVISIONS RELATING TO HEARING - 43 Pre-trial conference

AI-assisted research summary: The Court must convene a pre-trial conference and notify the parties within seven days after close of pleadings.

Section 43 Pre-trial conference Section Within seven days of close of pleadings, the Court shall convene a pre-trial conference and notify parties.
44
PROVISIONS RELATING TO HEARING - 44. Matters to be handled at the pre-trial conference

AI-assisted research summary: At the pre-trial conference the Court must complete the hearing checklist in Form No. GR11; where a case is uncontested the Court may consider pleadings, reports and oral submissions and determine the case on the date set for the pre-trial conference.

Section 44. Matters to be handled at the pre-trial conference Section 44(1)(a) filing and service of pleadings; Section 44(1)(b) amendment of pleadings where necessary; Section 44(1)(c) the participation of the child at the hearing; Section 44(1)(d) parties to attend at the hearing; Section 44(1)(e) whether appropriate measures required under rule 50 have been put in place to ensure the participation of the child; Section 44(1)(f) custody and care of the child during the pendency of the proceedings; Section 44(1)(g) the date set for the hearing and service of parties; Section 44(1)(h) filing of reports; Section 44(1)(i) the disposal of any preliminary or interlocutory matters; Section 44(1)(j) mode by which the proceedings will be conducted; Section 44(1)(k) any other matter that promotes the welfare of the child and the expeditious disposal of the case. Section 44(2) At the pre-trial conference, the Court shall complete the hearing checklist in Form No. GR11 set out in the Schedule. Section 44(3) Where the case is uncontested, the Court may consider the pleadings and reports on record, as well as oral submissions, if any, and proceed to determine the case on the date set for pre-trial conference.
45
PROVISIONS RELATING TO HEARING - 45. Hearing notice

AI-assisted research summary: At the pre-trial conference the Court must issue directions on service of a hearing notice in Form No. GR12 where the case is certified for hearing.

Section 45. Hearing notice Section At the pre-trial conference, the Court shall, where the case is certified for hearing issue directions on service of a hearing notice in Form No. GR12 set out in the Schedule.
46
PROVISIONS RELATING TO HEARING - 46. Attendance at hearing

AI-assisted research summary: Certain persons may attend the hearing: a served party who filed an affidavit in reply may attend and show cause; a party not opposed may attend and support the application even without filing an affidavit; and specified persons (child, parties, advocates, witnesses, guardian ad litem, others with leave) may attend.

Section 46. Attendance at hearing Section 46(1) A party served under 36 who has filed and served an affidavit in reply may attend before the Court and show cause why the prayers set out in the originating summons may or may not be granted: Provided that a party who is not opposed to the originating summons may attend Court and submit in support of the application notwithstanding the fact that that party may not have filed any affidavit in reply. Section 46(2)(a) the child to whom the proceedings relate; Section 46(2)(b) parties; Section 46(2)(c) advocates representing the parties; Section 46(2)(d) witnesses; Section 46(2)(e) guardian ad litem , if any; and Section 46(2)(f) any other person with the leave of the Court.
47
PROVISIONS RELATING TO HEARING - 47. Consequences of non-attendance

AI-assisted research summary: If a party fails to attend a hearing the Court may continue and decide the originating summons or make orders; an aggrieved party may apply to have an ex parte order or proceedings set aside on specified grounds.

Section 47. Consequences of non-attendance Section 47(1) Where any party to the suit fails to attend at the hearing, the Court may proceed to hear and determine the originating summons, or make such orders as it deems fit. Section 47(2) A party who is aggrieved by an order issued under subrule (1) may apply to the Court to set aside the ex parte order or proceedings. Section 47(3)(a) the applicant was not served with the notice for the hearing; or Section 47(3)(b) the applicant was otherwise prevented by justifiable cause from attending the trial; and Section 47(3)(c) it is in the best interests of the child that the ex parte order or proceedings be set aside.
48
PROVISIONS RELATING TO HEARING - 48. Oral application

AI-assisted research summary: A party to a suit may make an oral application for orders or relief; the Court may allow it to proceed orally or direct that it be made in writing.

Section 48. Oral application Section 48(1) A party to a suit under these Rules may make an oral application for any order or relief from the Court in respect of the case or any other relevant matter. Section 48(2)(a) allow the application to proceed orally in a way and on such conditions as it considers appropriate; or Section 48(2)(b) direct the party to make the application in writing. Section 48(3)(a) the Secretary; Section 48(3)(b) the probation officer; or Section 48(3)(c) any other person as the Court deems fit.
49
PROVISIONS RELATING TO HEARING - 49. Procedure at hearing where the child is participating

AI-assisted research summary: The child must attend the hearing unless the Court orders otherwise; the Court must record reasons for excluding the child from all or part of proceedings.

Section 49. Procedure at hearing where the child is participating Section 49(1) Unless otherwise directed by an order of the Court, the child to whom the proceedings relate shall attend the hearing. Section 49(2)(a) provide the child an equal and inclusive opportunity to participate during the proceedings; Section 49(2)(b) inform the child of the child’s rights and opportunity to participate in an age-appropriate manner; Section 49(2)(c) explain to the child the process and procedure of the Court in simple language and manner that the child understands to enable the child participate in the process; Section 49(2)(d) ensure an enabling and safe environment for the child to participate in the process; Section 49(2)(e) take appropriate measures to promote child participation in the proceedings, including the appointment of an intermediary, an interpreter or other person to ensure the comfort, and provide for the special needs of the child if any; and Section 49(2)(f) minimise the frequency of the child’s appearance in Court. Section 49(3) The Court shall record the reasons for excluding the child from attending the whole or any part of the proceedings under these Rules. Section 49(4)(a) that a person be excluded from the courtroom; Section 49(4)(b) that the child may have an intermediary to support the child; and Section 49(4)(c) if necessary, the child’s evidence be adduced through the use of technology, including an audio or audio-visual link.
50
PROVISIONS RELATING TO HEARING - 50. Proceedings to be conducted expeditiously

AI-assisted research summary: Proceedings under this Part must be determined within sixty days of filing subject to a court extension in exceptional circumstances; court stations must submit quarterly reports on extensions.

Section 50. Proceedings to be conducted expeditiously Section 50(1) Proceedings under these Part shall be undertaken expeditiously and, subject to subrule (2), be determined within sixty days from the date of filing of the case. Section 50(2) The Court may, in exceptional circumstances, and where justifiable reasons exist, extend the time for the determination of the case upon the lapse of the period set at subrule (1). Section 50(3)(a) record the exceptional circumstances or reasons that justified the extension; Section 50(3)(b) indicate in the proceedings the period of extension; Section 50(3)(c) henceforth hear the case on priority basis. Section 50(4) Every Court station shall prepare and submit quarterly reports to the Registrar of the Court in Form No. GR13 as set out in the Schedule, regarding cases where extension of time has been made under this rule.
51
PROVISIONS RELATING TO HEARING - 51. Period for hearing of applications

AI-assisted research summary: Applications filed in pending or previous proceedings relating to the child must be heard expeditiously and disposed of within sixty days from the date of filing.

Section 51. Period for hearing of applications Section Applications filed in pending or previous proceedings relating to the child shall be heard expeditiously and be disposed of within sixty days from the date of filing.
52
PROVISIONS RELATING TO HEARING - 52. Court to give directions on hearing of applications

AI-assisted research summary: The Court must direct how an application filed in pending or previous proceedings is to be disposed of; those directions may include ordering a separate suit where disposal would not meet the ends of justice or the Rules' objectives.

Section 52. Court to give directions on hearing of applications Section 52(1) The Court shall direct the way an application filed in pending or previous proceedings shall be disposed of, and such directions may include a direction that a separate suit be filed, if the disposal of the application is unlikely to meet the ends of justice or to achieve the objectives and principles of these Rules. Section 52(2) Where the Court directs that a separate suit be filed, the suit shall be filed by way of originating summons in the specified Form.
53
PROVISIONS RELATING TO HEARING - 53. Provisions governing hearing of applications

AI-assisted research summary: Rules 47 to 51 apply to hearing of applications filed in pending or previous proceedings.

Section 53. Provisions governing hearing of applications Section The provisions of rules 47 to 51 shall apply to hearing of applications filed in pending or previous proceedings.

Part VII

APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD

54
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 54. Appointment of a guardian of the child’s estate

AI-assisted research summary: A guardian may be appointed for only the child's estate, or for both the child’s person and estate.

Section 54. Appointment of a guardian of the child’s estate Section Pursuant to section 122(7) of the Act, a guardian may be appointed in respect of only the estate of the child, or in respect of both the person and the estate of the child.
55
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 55. Duties of a guardian of the child’s estate

AI-assisted research summary: A guardian must take reasonable steps to safeguard the child’s estate from loss and damage.

Section 55. Duties of a guardian of the child’s estate Section take reasonable steps to safeguard the estate of the child from loss and damage;
56
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 56. Powers of a guardian of the child’s estate

AI-assisted research summary: A guardian has the power to administer the estate of the child.

Section 56. Powers of a guardian of the child’s estate Section administer the estate of the child;
57
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 57. Guardian to execute a bond

AI-assisted research summary: A guardian must execute a bond and must diligently execute the duties of a guardian as set out in the Act and rule 56.

Section 57. Guardian to execute a bond Section to diligently execute the duties of a guardian as set out in the Act and rule 56;
58
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 58. Guardian not to spend more than child’s annual income

AI-assisted research summary: A guardian appointed under this Part must not spend more than the annual income of the child’s estate; if more is needed for the child’s well‑being and education the guardian may apply to the Court (Form GR3) with an affidavit (Form GR4).

Section 58. Guardian not to spend more than child’s annual income Section 58(1) A guardian appointed under this Part shall not spend more than the annual income of the estate of a child. Section 58(2) Where the guardian needs to spend more than the annual income of the estate of a child for the well-being and education of the child, the guardian may make an application to the Court by way of a notice of motion application in Form GR3 set out in the Schedule, and supported by an affidavit in Form GR4 set out in the Schedule stating the reasons why it is necessary to make such expenditures. Section 58(3) The application contemplated in subrule (2) shall be made to the Court by which the order was made for the appointment of the applicant as guardian of the child’s estate, and in the cause in which the guardianship order was made.
59
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 59. Consequences for misappropriation and misapplication of child’s estate

AI-assisted research summary: The section addresses consequences for misappropriation or misapplication of a child’s estate and refers to discharging the guardian from being guardian in relation to the child’s estate.

Section 59. Consequences for misappropriation and misapplication of child’s estate Section discharge the guardian from being a guardian in relation to the child’s estate, and the child, if at all;
60
APPOINTMENT OF A GUARDIAN IN RESPECT OF THE ESTATE OF A CHILD - 60. Orders where money is payable to a child under a decree of court

AI-assisted research summary: Money paid into court for a child cannot be withdrawn except by order of the Court on terms the Court sets.

Section 60. Orders where money is payable to a child under a decree of court Section 60(a)(a) parent; Section 60(a)(b) guardian; Section 60(a)(c) other fit person exercising parental responsibility over the child; or Section 60(a)(d) guardian ad litem . Section 60(2) The money deposited pursuant to this rule shall not be withdrawn except under an order of the Court on such terms as the Court may direct.

Part VIII

PROVISIONS RELATING TO ORDERS

61
PROVISIONS RELATING TO ORDERS - 61. Consideration by Court before issuing a guardianship order

AI-assisted research summary: Consideration by Court before issuing a guardianship order

Section 61. Consideration by Court before issuing a guardianship order Section child;
62
PROVISIONS RELATING TO ORDERS - 62. Orders that the Court may issue

AI-assisted research summary: The Court may issue appropriate orders on applications (including dismissing an application and making orders for the welfare of the child) and may make orders or directions regarding parental responsibilities over the child.

Section 62. Orders that the Court may issue Section 62(1)(a) allow the application and issue such appropriate orders as it deems fit; or Section 62(1)(b) dismiss the application and make such other orders as it deems fit for the welfare of the child. Section 62(2) The Court may make such orders or directions in respect of parental responsibilities over the child as it deems fit.
63
PROVISIONS RELATING TO ORDERS - 63. Nature of guardianship orders

AI-assisted research summary: The Court may issue general or limited guardianship orders, may appoint two or more guardians (jointly or separately), and may include duties, responsibilities and conditions in the order.

Section 63. Nature of guardianship orders Section 63(1) Upon considering an application for the appointment of a guardian under these Rules, the Court may issue a general guardianship order or limited guardianship order. Section 63(2)(a) whether the order is general or limited in application and the matters covered under the order; Section 63(2)(b) the duties and responsibilities of the guardian in respect of the child or the child’s estate; and Section 63(2)(c) such conditions as the Court considers appropriate. Section 63(3) A limited guardianship order shall be issued considering the needs and best interests of the child. Section 63(4) The Court may make an order appointing two or more guardians, either jointly where each person shall have the same duties and responsibilities, or separately where each person shall have different duties and responsibilities in respect to the child or the child’s estate.
64
PROVISIONS RELATING TO ORDERS - 64. Duration of orders

AI-assisted research summary: A guardianship order not limited in application continues until the child’s eighteenth birthday unless earlier terminated; a guardianship order limited in application must state its scope, purpose and period and is valid only for that specified period and purpose.

Section 64. Duration of orders Section 64(1) Subject to rule 75, a guardianship order that is not limited in application shall, unless otherwise earlier terminated exist until the child’s eighteenth birthday. Section 64(2) A guardianship order that is limited in application shall specify the scope, purpose, and period of existence, and shall be valid only for the specified period and for the specified purpose.
65
PROVISIONS RELATING TO ORDERS - 65. Setting aside, amendment or variation of orders by Court

AI-assisted research summary: Parties or persons with leave may apply to set aside, amend or vary guardianship orders; applications must be by specified forms and the Court will decide and may make consequential custody or parental responsibility orders.

Section 65. Setting aside, amendment or variation of orders by Court Section 65(1) Any party, or other person with leave of Court may, at any time before the expiry of a guardianship order apply to set aside, amend, or vary an order made under these Rules. Section 65(2) An application under subrule (1) shall be made by a notice of motion application substantially in Form No. GR3 set out in the Schedule, and supported by an affidavit substantially in Form No. GR4 set out in the Schedule stating the grounds on which the application is made. Section 65(3) The leave required under subrule (1) where the application is made by a person who was not a party to the proceedings may be sought as part of the prayers of the substantive application. Section 65(4)(a) the Secretary; Section 65(4)(b) the parent or guardian of the child; Section 65(4)(c) every person who was party to the proceedings under which the order was made; and Section 65(4)(d) any other person who, in the opinion of the Court should be served. Section 65(5) The Court shall determine an application under this rule and make such orders as it deems fit considering the best interests of the child. Section 65(6) Where the Court makes an order to set aside, amend or vary an order of the Court, the party in whose favour the order is made shall serve a copy of the order on all parties to the case. Section 65(7) Where the Court makes an order to set aside, amend or vary the terms of guardianship, the Court may make such orders in respect of custody of, and parental responsibilities over the child as the Court thinks fit.
66
PROVISIONS RELATING TO ORDERS - 66. Power to correct defects in the order

AI-assisted research summary: The Court may on its own motion amend or vary an order to correct defects in its particulars; if it does so, the Court must serve a copy of the amended order on all parties to the proceedings.

Section 66. Power to correct defects in the order Section 66(1) The Court may on its own motion amend or vary an order issued under these Rules to correct any defect in the particulars contained therein. Section 66(2) Where the Court amends or varies an order under subrule (1), it shall cause to be served a copy of the amended order upon all parties to the proceedings.
67
PROVISIONS RELATING TO ORDERS - 67. Execution of orders and decrees

AI-assisted research summary: Any judgment or order given under these Rules must be executed and enforced in accordance with the Civil Procedure Rules.

Section 67. Execution of orders and decrees Section Any judgment or order given under these Rules shall be executed and enforced in accordance with the Civil Procedure Rules.

Part X

MISCELLANEOUS PROVISIONS

81
MISCELLANEOUS PROVISIONS - 81. Review

AI-assisted research summary: An aggrieved party to a proceeding may apply for review of a Court order under these Rules.

Section 81. Review Section Any party to a proceeding who is aggrieved by an order of the Court made under these Rules may apply for review in accordance with the provisions of Order 45 of the Civil Procedure Rules (Sub.Leg.).
82
MISCELLANEOUS PROVISIONS - 82. Appeal

AI-assisted research summary: An aggrieved party must file a memorandum of appeal at the High Court and serve participants within fourteen days; the Court must issue interim directions in appeals about guardianship.

Section 82. Appeal Section 82(1) An appeal against an order given under these Rules shall lie to the High Court. Section 82(2) The party who is aggrieved by an order of the Court shall, within fourteen days from the date that the order is made, file a memorandum of appeal at the High Court and serve the persons who participated in the proceedings. Section 82(3) The memorandum of appeal shall concisely state the grounds of appeal and a copy thereof shall be filed in the trial Court. Section 82(4) Where the appeal is against an order appointing a guardian or extending the duration of guardianship, the Court shall issue directions as to the interim care and custody of the child. Section 82(5) The provisions of Order 42 of the Civil Procedure Rules (Sub.Leg) shall apply to the filing and processing of appeals under these Rules.
83
MISCELLANEOUS PROVISIONS - 83. Time

AI-assisted research summary: The provisions of Order 50 of the Civil Procedure Rules (Sub.Leg) apply to the time specified for doing any act or taking any proceedings under these Rules.

Section 83. Time Section The provisions of Order 50 of the Civil Procedure Rules (Sub.Leg) shall apply to time specified for the doing of any act or taking any proceedings under these Rules.
84
MISCELLANEOUS PROVISIONS - 84. Form of interlocutory applications

AI-assisted research summary: All interlocutory applications must be by way of notice of motion in Form No. GR3 and supported by an affidavit stating the factual circumstances and grounds on which the application is made.

Section 84. Form of interlocutory applications Section All interlocutory applications made under these Rules shall, unless where it is otherwise provided be by way of notice of motion in Form No. GR3 set out in the Schedule, and shall be supported by an affidavit stating the factual circumstances and grounds upon which the application is made.
85
MISCELLANEOUS PROVISIONS - 85. Execution

AI-assisted research summary: Judgments or orders given under these Rules must be executed and enforced in accordance with the Civil Procedure Rules (Sub.Leg.).

Section 85. Execution Section Any judgment or order given under these Rules shall be executed and enforced in accordance with the provisions of the Civil Procedure Rules (Sub.Leg.).
86
MISCELLANEOUS PROVISIONS - 86. Restriction on charging of fees

AI-assisted research summary: The Court must not charge any fees for filing pleadings or applications, issuing documents, or for services under these Rules.

Section 86. Restriction on charging of fees Section The Court shall not charge any fees for the filing of any pleading, application, or document, or for the issuance of any document, or service rendered under or pursuant to these Rules.
87
MISCELLANEOUS PROVISIONS - 87. Confidentiality of proceedings

AI-assisted research summary: Records of proceedings must be kept confidential and must not be disclosed to anyone who is not a party, unless the Court orders otherwise.

Section 87. Confidentiality of proceedings Section All records of proceedings made under these Rules shall be kept confidential and shall not be disclosed to anyone who is not a party to the proceedings, unless the Court makes an order permitting the examination or making of copies of the records.
88
MISCELLANEOUS PROVISIONS - 88. Costs

AI-assisted research summary: The Court may make orders for costs when it considers them just.

Section 88. Costs Section The Court may make such orders as to costs as it deems just.
89
MISCELLANEOUS PROVISIONS - 89. Ongoing proceedings

AI-assisted research summary: If existing rules cannot be applied, previous practice is to be followed; the Chief Justice may issue practice notes or directions; the court may finalize or remit the case to a Children’s Court.

Section 89. Ongoing proceedings Section 89(1)(a) if, and in so far as it is impracticable in any such proceedings to apply the provisions of these Rules, the practice and procedure heretofore obtaining shall be followed; and Section 89(1)(b) the Chief Justice may issue practice notes or directions as to the procedure to be adopted in in any case of difficulty or doubt. Section 89(2) The court before which the proceedings are pending may either finalize the case in accordance with these Rules, or remit the case to a Children’s Court established under the Act having jurisdiction to hear the case.
90
MISCELLANEOUS PROVISIONS - 90. Revocation

AI-assisted research summary: The Guardianship of Children (Practice and Procedure) Rules (Sub.Leg.) are revoked.

Section 90. Revocation Section The Guardianship of Children (Practice and Procedure) Rules (Sub.Leg.) are revoked.
91
MISCELLANEOUS PROVISIONS - 91. Revocation

AI-assisted research summary: The General Rules and Regulations are revoked.

Section 91. Revocation Section The General Rules and Regulations are revoked (Sub.Leg.).

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the legislation currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

AI-generated material is explicitly labelled and published only through LexChat's quality controls. It is a research aid, not the source document.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.