ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
28. Application for leave to remove a child from Kenya
Edition: 2024-10-18 · In force
28. Application for leave to remove a child from Kenya
(1)A guardian who is not the father or mother of a child shall not remove the child from Kenya without obtaining the leave of the Court.(2)An application for leave of the Court under subrule (1) shall be made—(a)where there are other pending or previous or proceedings before the Court relating to the child—(i)by a notice of motion application filed in the pending or previous proceedings in Form No. GR3 set out in the Schedule;(ii)supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made;(b)where the child is a ward of the Court—(i)by a notice of motion application made in the same proceedings in Form No. GR3 set out in the Schedule;(ii)supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made;(c)in any other case—(i)by way of originating summons in Form No. GR5 set out in the Schedule;(ii)supported by an affidavit in Form No. GR4 set out in the Schedule stating the factual circumstances and grounds on which the application is made.(3)The grant of leave under this rule shall be at the discretion of the Court having regard to—(a)the urgent needs of the child at the time that the application is made;(b)the need to protect the child from child trafficking and other harmful practices; and(c)the best interests of the child.(4)Where the Court grants leave under this rule, it shall impose such conditions or restrictions as it considers appropriate.(5)Where a guardian removes a child out of jurisdiction of the republic of Kenya pursuant to leave granted under this rule, the guardian shall produce the child to the Court upon return.