The Children (Foster Care) (Practice and Procedure) Rules

AI-assisted research summary: Specifies the forms and supporting documents required for applications to extend foster care, including particular Form numbers and affidavits set out in the Schedule.

AI-assisted research summary: If proceedings about the child to be placed in foster care are pending or were before another court (not the Children’s Court), the originating summons must be filed in the Children’s Court and must disclose those other proceedings.

AI-assisted research summary: The Court must, within three days from the date of filing of the summons under rule 10(2), endorse the notice to enter appearance and issue two copies to the applicant.

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

AI-assisted research summary: Eligibility for foster care placement: a child in need of care and protection as provided under section 144 of the Act;

AI-assisted research summary: Sets who may qualify to foster children: residency in Kenya for at least twelve months; age requirements for single persons (25–65) and for spouses (one or both 25–65); single persons generally may not foster a child of the opposite sex unless they are that child’s parent (except for intersex children); and persons convicted of offences in the Third Schedule or similar offences shall not be appointed as foster parents.

AI-assisted research summary: An institution may only undertake foster care arrangements if it is registered and authorised under the Act.

AI-assisted research summary: Foster care placements must initially occur either through direct intervention by the Secretary or by a Court order; when placed by Court order they must be home based for no more than twelve months initially, and that period may be extended but must not exceed three years in total.

AI-assisted research summary: A child must not be placed in foster care for more than three years without a Court order; extensions may be allowed by the Court where adoption or family placement has not been possible, where the Court is satisfied that circumstances justify an extension pending adoption or other arrangements, or where other circumstances justify it. An application under rule 13 must be made at least thirty days before the three-year period lapses.

AI-assisted research summary: Order 5 of the Civil Procedure Rules (Sub.Leg) applies to service of the notice to enter appearance and other court process under these Rules, unless the Court orders otherwise.

AI-assisted research summary: Service of notice to enter appearance directed to all parties to the application.

AI-assisted research summary: Service of court process where an application is made in other proceedings is to be on all parties listed under rule 15.

AI-assisted research summary: Service of process may be effected by the applicant or a duly authorized process server; the applicant or process server must immediately after effecting service file a certificate of service in Form No. FCR5 set out in the Schedule.

AI-assisted research summary: A party served with a notice under rule 15 must enter an appearance in Form No. FCR6 within seven days of service.

AI-assisted research summary: A party served with the notice to enter appearance and summons under rule 18 must file and serve an affidavit in reply to the application, whether or not they have entered an appearance, and the affidavit must be filed and served within fourteen days from the date of service of the notice to enter appearance.

AI-assisted research summary: A party served with an application under rule 16 must, within fourteen days after service, file and serve a replying affidavit stating whether they oppose the application and giving reasons.

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

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

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

AI-assisted research summary: Section 24 lists matters to be handled at the pre-trial conference; the Court must complete the hearing checklist in Form No. FCR7 and, where the originating summons is uncontested and required sections of the Act are confirmed, the Court may determine the application at the pre-trial conference.

AI-assisted research summary: At the pre-trial conference, where the case is certified for hearing, the Court must issue directions on service of a hearing notice in Form No. FCR8 set out in the Schedule.

AI-assisted research summary: Certain parties and institutions may attend hearings about extensions of foster care placement; a children institution may be represented by a duly authorized officer.

AI-assisted research summary: If a party fails to attend a hearing the Court may continue the hearing and decide the case or make orders; an aggrieved party may apply to set aside an ex parte order or proceedings if specified conditions are met.

AI-assisted research summary: A party to an application under these Rules may make an oral application to the Court for any order or relief relating to the application or other relevant matters.

AI-assisted research summary: Children involved in proceedings may attend hearings unless the Court orders otherwise; the Court must record reasons if it excludes a child from all or part of proceedings.

AI-assisted research summary: Proceedings under this Part should be conducted expeditiously; the Court may extend the sixty-day determination period in exceptional circumstances; every court station must submit quarterly electronic reports (Form FCR9) when extensions are made.

AI-assisted research summary: The Court must direct how applications in pending or previous proceedings are to be disposed of; the Court may direct that a separate suit be filed to achieve the objects of the Rules.

AI-assisted research summary: Rules 25, 26, 27, 28, 29 and 30 apply to the hearing of applications filed in pending or previous proceedings.

AI-assisted research summary: When making orders, consider the need to ensure the stability of the child’s life.

AI-assisted research summary: The Court must deliver its decision within fourteen days after the case is concluded or submissions are filed; when a summons or application is allowed the Court must indicate the foster care extension period; the Court may order follow-up reports or periodic mentions at extension time.

AI-assisted research summary: A party may for sufficient cause before the expiry of the extended period apply to the Court to set aside, amend, or vary an order made under these Rules.

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

AI-assisted research summary: A party aggrieved by a court order may apply for review under Order 45 of the Civil Procedure Rules (Sub.Leg).

AI-assisted research summary: An aggrieved party must file and serve a memorandum of appeal within 14 days of the order; if a copy is lodged as required, the Court must issue directions about interim care and custody of the child.

AI-assisted research summary: The Secretary must set down the case for directions at least thirty days before an extension order lapses (unless that order is set aside); if the Secretary fails to do so the Court may bring the case up and must serve a mention notice on all participants and, at the mention date, confirm whether the Secretary will apply to further extend placement and the adoption/placement arrangements.

AI-assisted research summary: Foster parents must not remove a foster child from Kenya without the Court's leave; the Court must impose conditions when granting leave; a foster parent must produce the child to Court on return.

AI-assisted research summary: Section 41 lists the grounds on which foster care placement is terminated and requires the Secretary to immediately set the case down for directions before the Court when termination follows subrule (1)(d) or the death of the foster parent.

AI-assisted research summary: If a foster parent wishes to adopt the child, the foster parent must file an application in accordance with the rules on adoption proceedings.

AI-assisted research summary: Order 50 of the Civil Procedure Rules (Sub.Leg) applies to the time allowed for doing acts or taking proceedings under these Rules.

AI-assisted research summary: Any judgment or order given under these Rules shall be executed and enforced in accordance with the provisions of the Civil Procedure Rules, 2010.

AI-assisted research summary: Interlocutory applications under these Rules must be made by a notice of motion in Form FCR1 in the Schedule and supported by an affidavit stating the factual circumstances and grounds, unless otherwise provided.

AI-assisted research summary: The Court may make orders about costs when it thinks those orders are just.

AI-assisted research summary: Records of proceedings under these Rules must be kept confidential and must not be disclosed to persons who are not parties, unless the Court orders otherwise.

AI-assisted research summary: If it is impracticable to apply these Rules in ongoing proceedings, prior practice and procedure shall be followed; the Chief Justice may issue practice notes or directions in cases of difficulty or doubt; and the court before which proceedings are pending may either finalise the case under these Rules or remit it to the Children’s Court.