ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
65. Setting aside, amendment or variation of orders by Court
Edition: 2024-10-18 · In force
65. Setting aside, amendment or variation of orders by Court
(1)Any party, or other person with leave of Court may, at any time before the expiry of a guardianship order apply to set aside, amend, or vary an order made under these Rules.(2)An application under subrule (1) shall be made by a notice of motion application substantially in Form No. GR3 set out in the Schedule, and supported by an affidavit substantially in Form No. GR4 set out in the Schedule stating the grounds on which the application is made.(3)The leave required under subrule (1) where the application is made by a person who was not a party to the proceedings may be sought as part of the prayers of the substantive application.(4)An application made under subrule (1) shall be served by the applicant on—(b)the parent or guardian of the child;(c)every person who was party to the proceedings under which the order was made; and(d)any other person who, in the opinion of the Court should be served.(5)The Court shall determine an application under this rule and make such orders as it deems fit considering the best interests of the child.(6)Where the Court makes an order to set aside, amend or vary an order of the Court, the party in whose favour the order is made shall serve a copy of the order on all parties to the case.(7)Where the Court makes an order to set aside, amend or vary the terms of guardianship, the Court may make such orders in respect of custody of, and parental responsibilities over the child as the Court thinks fit.