ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
17. Procedure on registration of instruments
Edition: 2024-10-18 · In force
17. Procedure on registration of instruments
(1)Instruments for which registration is required under this Part shall be presented for registration at the nearest Court registry where the child ordinarily resides.(2)An amended instrument prepared as contemplated under rule 15, any subsequent instrument made in accordance with rule 16, and any instrument of revocation made pursuant to rule 20 shall be presented for registration at the Court registry where the initial testamentary instrument was registered.(3)The instrument shall be presented in person by the guardian or parent who made the instrument or by his or her advocate.(4)Where the guardian or parent who made the appointment dies before registering the testamentary instrument or any of the instruments listed at subrule (2), the instrument may be presented for registration either by the deceased guardian’s or parent’s advocate having custody of the instrument; or by the appointed testamentary guardian, surviving guardian, or surviving parent within thirty days of the death of the maker.(5)The person presenting any instrument for registration under this Part shall tender the original and its photocopy for certification by the Court:Provided that the Court may, where it is in the best interest of the child, dispense with the production of the original instrument if it is shown that the original instrument cannot be traced.(6)The Court shall, after certification, endorse upon, serialise and retain the certified copy in safe custody.