[Rev. 2012]
Children
CAP. 141
(5) A court shall have power to vary, modify or revoke any order made under
this section after the child’s eighteenth birthday, on the application of any of the
persons named in subsection (3), or where the child marries after his eighteenth
birthday, his spouse.
108. Disputes between guardians
(1) Where two or more persons act as joint guardians to a child, or where the
surviving parent and a guardian act jointly and they are unable to agree on any
question affecting the welfare of the child, any of them may apply to the court for
its direction, and the court may make orders regarding the matters of difference
as it may think proper.
(2) A relative of the child, or the child, or the Director, or a person who has
parental responsibility for the child, or a person who has been authorised to act
jointly with a guardian under sections 104 and 105, may with the leave of the
court, apply to the court for its directions or settlement of any question affecting the
welfare of the child arising from or connected with the exercise of the guardian’s
parental responsibility with respect to the child, and the court may make such order
regarding the matters in contention as it may think proper.
109. Powers of guardian
A guardian appointed under section 105 shall have the same powers over the
estate and the person, or over the estate, as the case may be, of a child, as a
guardian appointed by deed or will or otherwise under the Law of Succession Act
(Cap. 160).
110. Neglect or misapplication of assets by guardians of the estate of the
child
Where a guardian of the estate of a child, whether or not that guardian is also a
guardian of the person of the child, neglects to recover or safeguard, or misplaces
any asset forming part of the estate of the child, or subjects the estate to loss or
damage, he shall whether or not also guilty of an offence on that account, be liable
to make good any loss or damage so occasioned.
111. Offence by guardians of the estate of a child
Any guardian of the estate of a child who—
(a) wilfully or recklessly neglects to receive and safeguard any asset
forming part of the estate, misapplies any such asset or subjects any
such asset to loss, waste or damage; or
(b) wilfully fails to produce to the court, or the parent or guardian of the
child any account or inventory required by the provisions of section
102; or
(c) wilfully or recklessly produces any such inventory or account which is
false in any material particular,
shall be guilty of an offence and shall be liable to a fine not exceeding fifty thousand
shillings or to imprisonment for a term not exceeding one year or to both such fine
and imprisonment.
C15 - 51
[Issue 1]
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