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 wardship order or a production order on such conditions as the Court may think fit.(2) A Court may, on the application of a person who has reasonable grounds for believing that another person intends to remove a child from the applicant’s custody in breach of section 107, by order prohibit the removal by the person of the child from the applicant.
(3) Where a Court is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in the premises specified in the information, the Court may issue a search warrant authorising a police officer to search the premises; and if the police officer, acting in pursuance of a warrant under this section, finds the child, he or she shall return the child to the person on whose application the order under subsection (1) was made.
(4) Where a Court makes a custody order with respect to a child, the Court shall, in addition, give such directions as to any rights of access to the child on such terms as the Court may direct.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 106 - 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...
- Section 107 - 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...
- Section 108 - 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)...
- Section 109 - 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...
- Section 110 - 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...
- Section 111 - 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...
- Section 112 - 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...
- Section 113 - 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...
- Section 114 - 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...
- Section 115 - 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...
- Section 116 - 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...
- Section 117 - 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...
- Section 118 - 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...
- Section 119 - 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...
- Section 120 - 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...
- Section 121 - 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...
- Section 122 - 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...
- Section 123 - 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...
- Section 124 - 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...
- Section 125 - 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...
- Section 126 - 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...
- Section 127 - 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...
- Section 128 - 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,...
- Section 129 - 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...
- Section 130 - Powers of guardian
A guardian appointed under section 122 and 126 shall have the same powers over the child, or over the estate of a child, as a guardian appointed by deed or will or otherwise under the Law of...
- Section 131 - Neglect or misapplication of assets by guardian of a child’s estate
Where a guardian of the estate of a child, whether or not that guardian is also a guardian of the person of the child—
(a) neglects to recover or safeguard the estate of a child, or
(b) misplaces...
- Section 132 - Offence by guardians of a child’s estate
(1) Any guardian of the estate of a child who—
(a) willfully or recklessly neglects to receive or safeguard any asset forming part of the estate, misapplies any such asset or subjects any such asset...
- Section 133 - Power of Chief Justice to make Rules
The Chief Justice shall make regulations to give effect to this Part, including rules of procedure directing the manner in which applications may be made under this Part.
- Section 134 - Power of Court to make orders in certain proceedings
(1) The Court may make any order under this Act or any other written law for the protection of a child in any proceedings concerning the welfare and upbringing of the child.
(2) The persons qualified...
- Section 135 - Orders which Court may make
(1) The Court may from time to time where appropriate make any of the following orders—
(a) an access order, which shall require the person with whom the child is residing to allow the child to...
- Section 136 - Supervision order
(1) The Court may, either of its own motion or on application by any person for any order directing the care and protection of a child, make an order, in this Act referred to as a supervision order,...
- Section 137 - Power to make interim supervision order
(1) The Court may make an interim supervision order, either of its own motionor on application by any person—
(a) where the Court has reason to believe that the living conditions of the child...
- Section 138 - Discharge of supervision order
(1) A Court which has made a supervision order or an interim supervision ordermay vary or discharge the order on application by—
(a) the child with the leave of the Court;
(b) the parents or...
- Section 139 - Power of arrest
Where a Court makes an order pursuant to section 135(1) (c), (d) or (g), the Court may attach a power of arrest to the order, and the person named in the order shall be liable to arrest if he or she...
- Section 140 - Penalty
Any person who contravenes an order made under section 135, or who obstructs or unlawfully interferes with a person appointed by the Court in the execution of his duties under an order made under that...
- Section 141 - Review, etc., of order
The Court may—
(a) from time to time review, vary, suspend or discharge any order made under this Part; or
(b) revive an order after the order has been suspended or discharged.
- Section 142 - Interpretation
For the purpose of this Part—
"a child in need of care and protection" means a child who lives in difficult circumstances and needs to be protected from all kinds of neglect, abuse or...
- Section 143 - Jurisdiction of the Court
A Children’s Court shall have jurisdiction to make an order or render judgment under this Part notwithstanding that any act, matter, thing or circumstances giving rise to such order or judgment did...
- Section 144 - When a child is in need of care and protection
For the purposes of this Act, a child in need of care and protection includes a child—
(a) who is an orphan and has no guardian;
(b) who has been abandoned by their parent or guardian;
(c) who is...
- Section 145 - Proceedings in respect of children in need of care and protection
(1) Any person who has reasonable cause to believe that a child is in need of care and protection may report the matter to the nearest authorised officer, who shall take such steps as may be necessary...
- Section 146 - Healthcare
(1) If it appears to an authorised officer exercising powers under section 144 that a child is in need of healthcare, the officer shall forthwith take the child to a registered health institution, and...
- Section 147 - Determination as to child’s home, etc.
(1) If a child in need of care and protection is brought before a Court, andthe Court determines that the child has a home in, or has been found in the local limits of, a particular county government...
- Section 148 - Parent or guardian to be heard in any application
(1) If a child in need of care and protection is brought before the Court on anapplication by any person for orders in that regard, the parent, guardian or other person having parental responsibility...
- Section 149 - Power of Secretary to take over application
The Director of Public Prosecutions may authorise the Secretary at any stage in the proceedings under this Act, whether before, during or after the making of any application, to take over and assume...
- Section 150 - Power of Court in respect of children in need of care and protection
(1) A Court before which any child in need of care and protection is brought may require an authorised officer or any other person to give a report or professional advice on any aspect of the...
- Section 151 - Application of trusts for maintenance of children
(1) Where a child is, by an order of the Court made under this Part, removed from the care of any person, and that person is entitled under any trust to receive any sum of money in respect of the...
- Section 152 - Penalty for cruelty to and neglect of children
(1) Any person who, having parental responsibility, custody, charge or care of any child, and who—
(a) wilfully assaults, ill-treats, abandons, or exposes, in any manner likely to cause the child...
- Section 153 - Care order and grounds thereof
(1) In this section "care order" means an order entrusting the care, control and custody of the child to a person other than the parent, guardian or custodian of the child, or an institution appointed...
- Section 154 - Access to children in care
(1) In determining the terms of a care order, the Court may—
(a) consider any prior arrangements made by the Secretary for allowing any person access to the child during the period within which the...
- Section 155 - Power to make interim care order
(1) A Court may, either of its own motion or on application by any person, make an interim care order on any of the grounds specified in section 153 (2).
(2) Without prejudice to the generality of...