ADVOKS GLOBAL · KENYA
Children Act
106. Guardians revocation and disclaimer
Edition: 2019-01-18 · Repealed
106. Guardians revocation and disclaimer
(1)An appointment under section 104 revokes an earlier appointment(including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by necessary implication) that the purpose of the later appointment is to appoint an additional guardian.(2)An appointment under section 104(including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a dated instrument which is signed—(b)at his direction, in his presence and in the presence of two witnesses who each attest to the signature.(3)For the avoidance of doubt, an appointment under section 104 is revoked if the will or codicil is revoked.(4)A person who is appointed a guardian under section 104 or 105 may disclaim his appointment by an instrument signed by him and made within reasonable time of his first knowing that the appointment has taken effect.(5)Where regulations are made by the Chief Justice prescribing the manner in which such disclaimer must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.(6)Any appointment of a guardian may be brought to an end at any time by order of the court on the application of—(a)any parent or guardian; or(b)the child concerned, with the leave of the court; or(c)a relative of the child, in any proceedings if the court considers that it should be brought to an end even though no application has been made.(7)Where a court revokes an appointment of guardian the court shall prior to doing so, ascertain who would have guardianship or legal custody of the child if, on the revocation of the appointment of the guardian, no further order was made.