Section 189 of The Children Act CAP 141: Interim orders
(1) Where an application for an adoption order is pending in Court—
(a) any person who has consented to the adoption shall not be entitled, except with leave of the Court, to remove the child from the care and control of the applicant;
(b) the applicant who has received a child into his or her care for the purposes of an adoption shall not, without leave of the Court, remove the child from Kenya, and where an application is made for such leave, the Court may only make an order if it is satisfied that—
(i) exceptional circumstances exist in relation to the health, welfare and safety of the child;
(ii) the written consent of the parents or guardian of the child, if they are living or can be found, to the removal of the child from Kenya has been obtained; and
(iii) a welfare report has been made by the parent or guardian of the child, if they are living or can be found.
(2) Where a Court makes an order under this section, the Court shall make a wardship order in respect of the child, and shall cause the applicant to execute a security bond with sureties requiring that the child be returned to Kenya by the applicant within such period as may be specified by the Court, and give such directions as may be necessary to secure the return of the child to Kenya.
(3) Any person who, without lawful justification, fails to return a child to Kenya within the period specified by an order issued under this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years, or to a fine not exceeding two million shillings, or to both.
(4) The Court may, either of its own motion or on application by a parent or guardian of the infant, the Secretary, an adoption society or the appointed guardian ad litem, make such interim orders as appear just in respect to the legal custody, maintenance, access, education, residence, safety, or welfare of the child generally and parental responsibility in respect of the child, and may direct that such proceedings be taken for placing the child under the protection of the Court.
(5) The requisite consents for the making of an adoption order shall be required for the purposes of making an interim order in the proceedings subject, however, to the power of the Court to dispense with such consent.
(6) The Court shall not make an interim order in any case where the making of an adoption order is unlawful.
(7) For the avoidance of doubt, an interim order shall not be construed as, or have the effect of, an adoption order made under this Act.
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- Section 190 - Review of adoption
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- Section 194 - Powers of the Court in adoption proceedings
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