CAP. 141
Children
[Rev. 2012]
(6) Where any person whose consent to the making of the adoption order is
required by section 158 does not attend the proceedings for the purposes of giving
it, then subject to the provisions of subsection (7) of this section a document in
the prescribed form and attested by a person of such class as may be prescribed
signifying his consent to the making of such order shall, if the person in whose
favour the order is to be made is named in the document or (where the identity
of the person is not known to the consenting party) is distinguished therein in
the prescribed manner, be admissible as evidence of that consent, whether the
document is executed before or after the commencement of the proceedings.
(7) Any document, whether executed in or outside Kenya, shall be admissible
without further proof of the signature of the person by whom it was executed, and for
the purposes of this subsection a document purporting to be attested as aforesaid,
shall be deemed to be so attested and executed on the date and at the place
specified therein unless the contrary is proved.
(8) A document signifying the consent of the mother of the child, shall not be
admissible under this section unless—
(a) the child is at least six weeks old on the date of the execution of the
document;
(b) the document is attested by a person of the class prescribed for the
purposes of subsection (2).
Guardian ad litem
160. Guardian ad litem for the child
(1) For the purposes of any application for an adoption order, the court shall
upon the application of the applicant or of its own motion, appoint a guardian
ad litem for the child pending the hearing and determination of the adoption
application.
(2) It shall be the duty of the guardian ad litem to—
(a) safeguard the interests of the child pending the determination of the
adoption proceedings;
(b) investigate and apprise the court as to the circumstances pertinent to
the adoption of the child in the prescribed manner;
(c) make recommendations as to the propriety of making any interim
orders or an adoption order in respect of the child;
(d) intervene on behalf of the child and arrange for the care of the child
in the event of the withdrawal of any consent prescribed by this Act;
(e) undertake such duties as the court may from time to time direct or as
may be prescribed by the rules made under this Part.
(3) Where arrangements for the adoption of any child have been made by an
adoption society, neither the society nor any member thereof, shall be appointed
guardian ad litem of that child for the purposes of its adoption.
(4) The appointment of a guardian ad litem shall expire upon the making of
a final order by the court under this Part unless the court, having regard to the
interests of the child, extends the period of the appointment.
[Issue 1]
C15 - 74
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