ADVOKS GLOBAL · KENYA
Children Act
135. Orders which Court may make
Edition: 2022-12-31 · In force
135. Orders which Court may make
(1)The Court may from time to time where appropriate make any of the following orders—(a)an access order, which shall require the person with whom the child is residing to allow the child to visit, or to stay periodically with the person named in the order, or to allow such person to have such other contact with the child as may be directed by the Court:Provided that an access order made under this section shall not be made in relation to a child in respect of whom a care order has been made under this Part, but access to the child concerned may be obtained upon an application made under section 149;(b)a residence order, requiring a child to reside with a person named in the order and determining the arrangements to be made to facilitate the residence of the child with the person named in the order;(c)an exclusion order requiring a person who has inflicted or threatened to inflict violence on a child, whether or not that person permanently resides with the child—(i)to depart from the home in which the child is residing;(ii)to restrain the person from entering the home or any specified part of the home or from a specified area in which the home is located; or(iii)to restrain any other person from taking the child to the person against whom the child needs protection, for such period as the Court may specify;(d)a child assessment order requiring a child or the child’s family to be investigated or evaluated by a person appointed by the Court to assist the Court in determining any matter concerning the welfare and upbringing of the child;(e)a family assistance order requiring a person appointed by the Court to provide such advice, counselling and guidance to a child, his parents or custodian or guardians, the child’s relatives, or any person who has care and control of the child or with whom the child is residing, as the Court may specify;(f)a wardship order requiring that a child be placed under the protection and custody of the Court;(g)a provisional child care order requiring placement of a child for provisional care by any fit person or institution pending further orders of the court;(h)a production order requiring any fit person who is harbouring, concealing or otherwise unlawfully detaining a child, or who intends to remove a child from Kenya or local limits of the jurisdiction of the Court—(i)to disclose any information regarding the whereabouts of the child; or(ii)to produce the child before the Court and restraining the person from removing the child from the jurisdiction of the Court for such period as the Court may specify;(i)a protection order directing care and protection of a child involved in drug abuse or who has been a victim of ideological radicalization or criminal gangs; or(j)a non-interference order preventing any fit person from interfering with the life of a child in relation to any matter, including the education of the child.(2)Without prejudice to the generality of subsection (1)(h), the Court may make a production order requiring any children institution at which a child has been accommodated for a period exceeding the time limited by an order of the Court or the provisions of this Act to produce the child before the Court to facilitate the making of such other order as the Court may deem fit on such terms as the Court may direct.