[Rev. 2012] Children (iii) CAP. 141 is about to abscond or leave the local limits of the jurisdiction of the court. (7) The court shall have power under this section to issue a warrant committing the respondent to imprisonment for a period of not less than five days nor more than four weeks: Provided that the court shall not issue a warrant for imprisonment unless it is satisfied that— (a) the respondent has persistently and wilfully refused or neglected to make payment of all or any part of the monies ordered to be paid under a maintenance order or a contribution order without reasonable cause; (b) the respondent is present at the hearing; (c) an order for attachment of earning would not be appropriate; (d) it has enquired into the cause of the default and is satisfied that such default was due to the respondent’s wilful refusal or culpable neglect. (8) The issue of the warrant may be postponed on such terms as the court may think fit but if postponed, it may not be issued without further notice being given if requested by the defaulter, and a further review by the court. (9) The court shall have power to vary, modify or discharge any order made under this section. PART VIII – GUARDIANSHIP 102. Appointment of guardian (1) For the avoidance of doubt, in this Part, “guardian” means a person appointed by will or deed by a parent of the child or by an order of the court to assume parental responsibility for the child upon the death of the parent of the child either alone or in conjunction with the surviving parent of the child or the father of a child born out of wedlock who has acquired parental responsibility for the child in accordance with the provisions of this Act. (2) A guardian may be appointed in respect of any child who is resident in Kenya whether or not the child was born in Kenya or is a Kenyan citizen. (3) A guardian appointed under this Act need not be a Kenyan citizen or resident in Kenya. (4) A guardian may be appointed in respect of the person or the estate of the child or both. (5) Where a guardian is appointed only in respect of the estate of the child, he need not have actual custody of the child but he shall have— (a) the power and responsibility to administer the estate of the child and in particular to receive and recover and invest the property of the child in his own name for the benefit of the child; (b) the duty to take all reasonable steps to safeguard the estate of the child from loss or damage; C15 - 47 [Issue 1]