ADVOKS GLOBAL · KENYA
The Children (Guardianship) (Practice and Procedure) Rules, 2024
7. Appointment of a guardian by the Court
Edition: 2024-10-18 · In force
7. Appointment of a guardian by the Court
A guardian may be appointed by the Court—(a)upon application in the specified form as envisaged under section 122 of the Act;(b)under sections 34(3) and 124(5) of the Act where the appointment of a testamentary guardian is revoked or declined;(c)under section 123(1) and (2) of the Act, to act jointly with a surviving parent where no testamentary guardian was appointed by the deceased parent; or where the testamentary guardian so appointed is dead, has been found unfit to act as guardian, or has refused to act;(d)under sections 34(5) and 123(3) of the Act where the surviving parent is found to be unfit to act as the guardian of the child;(e)under section 125 of the Act in respect of a child whose guardian or parents have died or cannot be found and the child has no guardian or other person exercising parental responsibility over the child;(f)in respect of a child to whom the provisions of section 121 of the Act apply;(g)in respect of a child who is in need of care and protection as provided for under section 144 of the Act;(h)at the time of making an adoption order in a domestic or inter-country adoption as provided for under section 195 of the Act;(i)in respect of a child found in situations of emergency; or(j)where any other sufficient grounds exist that necessitate the appointment of a guardian in respect of the child, having regard to the child’s best interest.