ADVOKS GLOBAL · KENYA
The Children (Foster Care) (Practice and Procedure) Rules
29. Procedure where the child is participating
Edition: 2024-10-18 · In force
29. Procedure where the child is participating
(1)Unless otherwise directed by an order of the Court, the child to whom the proceedings relate may attend the hearing.(2)Where the child is able and willing to participate in the proceedings, unless for sufficient reason the Court orders otherwise, the Court shall —(a)provide the child an equal and inclusive opportunity to participate during the proceedings;(b)inform the child of the child’s rights and opportunity to participate in an age-appropriate manner;(c)explain to the child the process and procedure of the Court in simple language and manner that the child understands to enable the child participate in the process;(d)ensure an enabling and safe environment for the child to participate in the process;(e)take appropriate measures to promote child participation in the proceedings, including the appointment of an intermediary, an interpreter or other person to ensure the comfort, and provide for the special needs of the child, if any; and(f)minimize the frequency of the child’s appearance in Court.(3)The Court shall record the reasons for excluding the child from attending the whole or any part of the proceedings under these Rules.(4)The Court may make orders or give directions on how the child shall adduce evidence at a hearing and such direction shall include—(a)that a person be excluded from the courtroom while the child is giving evidence;(b)that the child may have an intermediary to support the child throughout his or her evidence; and(c)if necessary, the child’s evidence be given with the use of technology, including an audio or audio-visual link.