ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
69. Failure or inability to act by appointed guardian
Edition: 2024-10-18 · In force
69. Failure or inability to act by appointed guardian
(1)Where—(a)a guardian duly appointed by the Court—(i)fails or neglects to discharge his or her duties as guardian of the child;(ii)files a disclaimer of appointment in accordance with rule 71; or(iii)becomes incapable or unfit to exercise proper care and guardianship of the child or the child’s estate; or(b)a testamentary guardian after assumption of duties of guardianship—(i)fails or neglects to discharge his or her duties as guardian of the child; or(ii)becomes incapable or unfit to exercise proper care and guardianship of the child or the child’s estate,the Court may, either on its own motion or upon application made by the Secretary or other person appoint a guardian to act solely or jointly with any surviving guardian or parent.(2)The application contemplated under subrule (1) shall be commenced and disposed of in accordance with the procedure set out in these Rules.(3)An application filed under subrule (1) shall name the guardian or testamentary guardian, and the person proposed to be appointed as the new guardian as parties.(4)In determining an application under this rule, the Court shall summon the guardian or testamentary guardian for purposes of enquiring the reasons for his or her failure to discharge the duties of guardian and may issue such directions as it deems fit.