ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
4. Application of Rules
Edition: 2024-10-18 · In force
4. Application of Rules
These Rules shall apply to the following matters relating to the practice and procedure in guardianship proceedings—(a)the appointment of a guardian by the Court in respect of a child, a child’s estate, or both;(b)testamentary guardianship;(c)submission of accounts and inventory in respect of a child’s estate as provided for under section 122(9)(d) of the Act;(d)termination of guardianship; and(e)for applications—(i)by a surviving parent under section 34(3) of the Act for the revocation of appointment of a testamentary guardian;(ii)by relatives of a deceased parent under section 34(5) of the Act;(iii)by a guardian under section 122(4) of the Act for leave to remove the child from Kenya;(iv)contemplated under section 123(3) of the Act to determine whether a surviving parent is fit to act as a guardian of the child;(v)by a surviving parent or testamentary guardian under section 124(5) of the Act;(vi)by a surviving parent or guardian for orders under section 124(8) of the Act;(vii)under section 127 of the Act for the extension of appointment of guardian beyond the child’s eighteenth birthday;(viii)made by a joint guardian or surviving parent under section 129(1) of the Act;(ix)by the persons listed under section 129(2) of the Act, for the Court’s directions or for determination of any matter affecting the welfare of the child;(x)to determine the validity of a testamentary instrument;(xi)for orders to redress neglect or misapplication of assets by guardian of a child’s estate; or(f)for any other procedural matter relating to guardianship that is envisaged under the Act and these Rules.