[Rev. 2012]
Children
CAP. 141
(8) Every care order shall be made so as to commit a child to such care until
he attains the age of eighteen or for such shorter period as the court thinks fit:
Provided that the court, on making a care order, shall make such further orders
or directions requiring the Director or his representative to supervise the mode of
compliance with such orders and to make such recommendations as the Director
or his representative shall consider relevant to the court in respect of the order,
including applying for the variation or discharge of the order.
(9) Upon the making of a care order under this section, it shall be the duty
of the Director or his representative to supervise and monitor the care provided
to the child concerned by the person or institution to whom or to which the
child is committed under the order, and to periodically assess the condition and
circumstances of the child.
(10) A court may on application or of its own motion, make an interim care
order—
(a) if it has reasonable grounds for believing that the circumstances of
the child are as mentioned in subsection (1) of this section; or
(b) upon the adjournment of an application for a care order; or upon
making orders as to the assessment of a child under section 113.
(11) An interim order made under subsection (10) shall not remain in force for
a period exceeding eight weeks, but if at the expiry of the period the court deems
it expedient so to do, it may extend the order for a further period of four weeks.
(12) A care order or interim care order may be discharged by—
(a) the making of an adoption order in respect of the child, if the care order
was not made in respect of the child by reason of the child having
been found to be guilty of a criminal offence under Part XII;
(b) the making of a residence order in respect of the child;
(c) the making of a supervision order in respect of the child.
Notwithstanding the foregoing provisions of this subsection, the court shall have
power on the application of the child, the Director or the parents or guardian of the
child, or any other person who has parental responsibility in respect of the child to
vary or discharge the care order or interim order on such terms as it thinks fit and
including replacing the care order with a supervision order.
(13) The court shall have power, where it considers that it would be for the
benefit of a child, to authorise a foster parent or a voluntary children’s institution,
to whose care a child has been committed, to arrange for the child’s emigration
from Kenya, but the court shall not authorise such arrangements unless the child
and his parents or guardian or any other person who has parental responsibility
for the child, consent:
Provided that where the parents or guardians cannot be found after diligent and
reasonable enquiry, the Director may give such consent.
133. Arrangements for access to children in care
(1) Prior to making a care order, the court shall consider the arrangements the
Director has made or proposes to make for affording any individual contact with
the child during the term of a care order, and shall invite the parties to the
C15 - 63
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents