ADVOKS GLOBAL · KENYA
Children Act
188. Appointment of guardian ad litem for purposes of adoption
Edition: 2022-12-31 · In force
188. Appointment of guardian ad litem for purposes of adoption
(1)Where an application is made for an adoption order, the Court shall, either of its own motion or on application by any party to the proceedings, make an order appointing a fit person to be guardian ad litem of the child to whom the application relates.(2)The guardian ad litem shall be under duty to—(a)safeguard the interests of the child pending the determination of the adoption proceedings;(b)investigate and report to the Court on the facts and circumstances relating to the adoption of the child;(c)make recommendations as to the propriety of making any interim orders or an adoption order in respect of the child;(d)intervene on behalf of the child and arrange for the care of the child in the event of the withdrawal of any consent prescribed by this Act; and(e)undertake such other duties as the Court may from time to time direct, or as may be prescribed by the rules.(3)Where arrangements for the adoption of any child have been made by an adoption society, neither the society nor any member thereof shall be appointed guardian of the child in relation to the adoption.(4)The appointment of a guardian ad litem shall expire upon the making of a final order by the Court under this Part, unless the Court, having regard to the interests of the child, extends the period of the appointment.(5)Without prejudice to the generality of subsection (4), where an appeal is lodged against a final order of the Court made under this Part, the Court shall have power to extend the appointment of a guardian ad litem until the date of the determination of the appeal.