[Rev. 2012] Children CAP. 141 (5) Without prejudice to the generality of subsection (4), where an appeal is lodged against a final order by the court under this Part, the court shall have power to extend the appointment of a guardian ad litem until the date of the determination of the appeal. Interim Orders 161. Interim orders (1) Whilst an application for an adoption order is pending in court— (a) any person who has given his consent to the adoption shall not be entitled, except with the leave of the court, to remove the child concerned from the care and control of the applicant; (b) the applicant who has received a child into his care for the purposes of an adoption shall not without the 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 in relation to the health, welfare and safety of the child exist; (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 parents or the guardian of the child (if they are living or can be found) to the removal of the child from Kenya has been obtained; and (c) where a court makes an order under this paragraph the court shall make a wardship order in respect of the child and shall cause the applicant to execute a security bond with or without sureties requiring that the child be returned to Kenya by the applicant within such period as may be specified by the court and may make such other arrangements as it shall deem fit to secure the return of the child to Kenya; (d) any person who fails without any reasonable or justifiable cause to return a child to Kenya within the period specified by an order issued under this section shall be guilty of an offence and liable to imprisonment for a term not exceeding three years, or to a fine not exceeding two hundred thousand shillings, or to both. (2) The court may, upon the application of the applicant or an adoption society or the parent or guardian of the infant or the appointed guardian ad litem, or of its own motion, 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. (3) All such consents as are required for an adoption order shall be necessary for an interim order but subject to a like power on the part of the court to dispense with any such consent. (4) An interim order shall not be made in any case where the making of an adoption order would be unlawful. C15 - 75 [Issue 1]