ADVOKS GLOBAL · KENYA
Children Act
105. Return of child removed in breach of section 104
Edition: 2022-12-31 · In force
105. Return of child removed in breach of section 104
(1)A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and where the child has been removed from the jurisdiction of the Court or the Republic of Kenya, make a wardship order or a production order on such conditions as the Court may think fit.(2)A Court may, on the application of a person who has reasonable grounds for believing that another person intends to remove a child from the applicant’s custody in breach of section 107, by order prohibit the removal by the person of the child from the applicant.(3)Where a Court is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in the premises specified in the information, the Court may issue a search warrant authorising a police officer to search the premises; and if the police officer, acting in pursuance of a warrant under this section, finds the child, he or she shall return the child to the person on whose application the order under subsection (1) was made.(4)Where a Court makes a custody order with respect to a child, the Court shall, in addition, give such directions as to any rights of access to the child on such terms as the Court may direct.