Kenyan Acts and Sections — Page 74

Section 100 of The Children Act CAP 141: Rules

The Chief Justice shall make Rules to give effect to this Part.

Section 101 of The Children Act CAP 141: Custody, care and control

(1) Where a person who does not have the legal custody of a child is entrusted with the care and control of the child, the person is under a duty to safeguard the interests and welfare of the child. (2) Where a person, not having legal custody of a child, has actual custody of the child, the person…

Section 102 of The Children Act CAP 141: Custody order

(1) A Court may, on the application of one or more persons qualified under subsection (3), make an order vesting the legal custody of a child in the applicant or applicants. (2) An order under subsection (1) may be referred to as a custody order, and the person to whom legal custody of the child is…

Section 103 of The Children Act CAP 141: Principles to be applied in making custody order

(1) In determining whether or not a custody order should be made in favour of an applicant, the Court shall have regard to— (a) the conduct and wishes of the parent or guardian of the child; (b) the ascertainable wishes of the relatives of the child; (c) the ascertainable wishes of the child taking…

Section 104 of The Children Act CAP 141: Restriction on removal of a child where applicant has provided home for three years

(1) Where an application for a custody order in respect of a child made by theperson with whom the child has, at the time the application is made, had his home for a period, whether continuous or not, of three years, no person shall be entitled, against the will of the applicant, to remove the child…

Section 105 of The Children Act CAP 141: Return of child removed in breach of section 104

(1) A Court may, on the application of a person from whom a child has been removed in breach of section 104, order the person who has so removed the child to return the child to the applicant, and where the child has been removed from the jurisdiction of the Court or the Republic of Kenya, make a wa…

Section 106 of The Children Act CAP 141: Conflict of interest of joint custodians

If two persons have parental rights or duty vested in them jointly under a custody order, but cannot agree on its exercise or performance, either person may apply to the Court, and the Court may make such orders regarding the exercise of the right or performance of the duty on such terms as the Cour…

Section 107 of The Children Act CAP 141: Revocation of custody order

(1) A Court may, on application in the prescribed form, revoke a custody order: Provided that, before doing so, the court shall make an order as to who is thereafter to have custody of the child, or give an appropriate order pursuant to section 135. (2) The Court shall not proceed to hear an applica…

Section 108 of The Children Act CAP 141: Interim custody orders

(1) The Court shall have power to make interim custody orders and may fromtime to time review, suspend or vary such orders. (2) The Court shall not make an interim custody order under sub-section (1) for a period exceeding twelve months.

Section 109 of The Children Act CAP 141: Custody agreement not to be invalid in certain circumstances

An agreement made between the parents of a child shall not be invalid by reason only that it provides that the father shall give legal or actual custody of the child to the mother or vice versa: Provided that the Court shall not enforce any such agreement if the Court is of the opinion that it is no…

Section 110 of The Children Act CAP 141: Joint maintenance of children

Unless the Court otherwise directs, and subject to any financial contribution ordered by the Court to be made by any other person, the following presumptions shall apply with regard to the maintenance of a child— (a) it shall be the joint duty and responsibility of both parents to maintain the child…

Section 111 of The Children Act CAP 141: Power to make maintenance order

(1) A parent, guardian or custodian of a child, or an authorised officer, may apply to the Court to determine any matter relating to the maintenance of the child and to make a maintenance order: Provided that on the making, varying, or discharging of a residence, guardianship or custody order, the C…

Section 112 of The Children Act CAP 141: Maintenance during matrimonial proceedings.

The Court may make a maintenance order, whether or not proceedings for nullity, judicial separation, divorce or any other matrimonial proceedings have been filed by a parent of a child, or during proceedings or after a final decree is made in such proceedings: Provided that, once the proceedings for…

Section 113 of The Children Act CAP 141: Financial provision for child

The Court may order the person against whom a maintenance order is made to make a financial provision for the child by— (a) periodic payments; or (b) such lump sum payment, as the Court shall deem fit, to the person in whose favour the order is made, or to any other person appointed by the Court.

Section 114 of The Children Act CAP 141: Financial provisions by step-parents and presumptive guardian

(1) The Court may make a maintenance order in respect of a child, including a child of the other parent who has been accepted as a child of the family notwithstanding the absence of an adoption order. (2) Without prejudice to the generality of subsection (1), the Court shall consider all the circums…

Section 115 of The Children Act CAP 141: Power to order maintenance monies to be paid to person other than the applicant

(1) When a maintenance order is issued pursuant to this Part, the Court may, at the time of making the order, or from time to time thereafter, on being satisfied that the person in whose favour the order is made— (a) is not a fit person to receive any maintenance monies specified in the order in res…

Section 116 of The Children Act CAP 141: Duration of financial provisions

(1) A maintenance order requiring financial provision to be made through periodic payments shall commence on the date of the application, or on such later date as the Court may direct. (2) An order under subsection (1) shall remain in force until the child’s eighteenth birthday subject to the provis…

Section 117 of The Children Act CAP 141: Interim orders of maintenance

(1) A Court may make an interim maintenance order, on the ex–parte application of any person and in so doing, may dispense with any notice required to be given to any person, if the Court is satisfied that it is in the best interests of the child to do so. (2) The interim order issued under subsecti…

Section 118 of The Children Act CAP 141: Other maintenance provisions

A Court may make an order and give directions regarding any aspect of the maintenance of a child including matters relating to the provision of education, medical care, housing and clothing for the child; and in that behalf, make an order for financial provisions for the child.

Section 119 of The Children Act CAP 141: Power to impose conditions or to vary order

In relation to an order made under section 116, the Court may— (a) impose such conditions as the Court deems fit; (b) vary, modify or discharge any order made under section 116 with respect to making of any financial provision, by altering the schedule of payments or by increasing or diminishing the…

Section 120 of The Children Act CAP 141: Power to vary maintenance agreements

Where the parents, guardians or custodians of a child enter into an agreement, whether orally or in writing, in respect of the maintenance of the child, the Court may, upon application, vary the terms of the agreement if the Court is satisfied that such variation is reasonable and in the best intere…

Section 121 of The Children Act CAP 141: Enforcement of orders for maintenance or contribution

(1) Any person, including a child in whose favour a maintenance order has been made pursuant to section 111, may apply to the Court for the enforcement of the order and recovery of any sums due and payable thereunder if— (a) the person against whom the maintenance order was made has failed to comply…

Section 122 of The Children Act CAP 141: Appointment of guardian

(1) In this Part, "guardian" means a person appointed by will or deed by a parent of a child or by an order of Court to assume parental responsibility over a child on the death of the parent of the child either alone or jointly with the surviving parent of the child in accordance with the provisions…

Section 123 of The Children Act CAP 141: Rights of surviving parent as to guardianship and power of Court

(1) On the death of the father of a child, the mother, if surviving, shall be theguardian of the child either alone or jointly with the guardian appointed by the father if any, but if no guardian has been appointed by the father, or the guardian appointed by the father is dead or refuses to act, the…

Section 124 of The Children Act CAP 141: Appointment of testamentary guardian

(1) Either parent of a child may, by will or deed, appoint any person to be the guardian of the child after that parent’s death. (2) The guardian of a child may, by will or deed, appoint another person to act in his or her place as the guardian of the child in the event of such guardian’s death. (3)…

Section 125 of The Children Act CAP 141: Appointment of guardian by the Court

(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in the prescribed form in any of the following circumstances— (a) where the child’s parents are deceased or cannot be found, and the child has no guardian…

Section 126 of The Children Act CAP 141: Customary guardianship

(1) In addition to the powers of the Court to appoint a guardian under section122, the Court may appoint a guardian on application by any person in accordance with the customs, culture or tradition of a specific community in the manner prescribed— (a) where the child’s parents are deceased or cannot…

Section 127 of The Children Act CAP 141: Extension of appointment of guardian beyond child’s eighteenth birthday

(1) The appointment of a guardian shall expire upon the child attaining the age of eighteen years, unless exceptional circumstances exist that would require a court to make an order that appointment be extended. (2) The exceptional circumstances referred to in subsection (1) are that the child suffe…

Section 128 of The Children Act CAP 141: Revocation or disclaimer of appointment

(1) The appointment of a guardian under section 122 revokes any earlier appointment including an agreement made in an unrevoked will or codicil made by the same person in respect of the same child, unless it is clear, whether as the result of an express provision in the later appointment or by neces…

Section 129 of The Children Act CAP 141: Dispute between guardians

(1) Where two or more persons acting as joint guardians to a child, or where thesurviving parent and a guardian acting jointly, fail to agree on any matter concerning the welfare of the child, any of them may apply to the Court for directions in that regard, and the Court may make such orders regard…

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