ADVOKS GLOBAL · KENYA
The Children (Foster Care) (Practice and Procedure) Rules
35. Power to set aside, amend or vary an order
Edition: 2024-10-18 · In force
35. Power to set aside, amend or vary an order
(1)A party may for sufficient cause before the expiry of the extended period apply to the Court to set aside, amend, or vary an order made under these Rules.(2)An application under subrule (1) shall be by way of notice of motion in the prescribed Form No. FCR1 supported by affidavit setting out the grounds on which the application is made and filed in the case where the extension orders were issued.(3)An application under this rule shall be served on—(a)all the persons who were party to the proceedings where the extension orders were issued; and(b)any other party with the leave of the Court.(4)The Court shall determine an application under this rule and make such orders as it deems fit taking into consideration matters provided for in section 171 (4) of the Act.(5)Where the Court makes an order to set aside, amend, or vary an extension order, the party in whose favor the order is given shall serve a copy of the order on all persons under subrule (3) and upon any other party as the Court may direct.(6)Where the Court makes an order to set aside the terms of foster care placement, it shall make such other orders for the welfare of the child in accordance with section 134 of the Act.