Best Guardianship Lawyers in Kenya

About Guardianship Law in Kenya

Guardianship in Kenya is a legal concept that involves taking responsibility for the well-being and care of an individual who is unable to make decisions for themselves. This often applies to minors or individuals with disabilities who require assistance in managing their affairs.

Why You May Need a Lawyer

You may need a lawyer to help you navigate the complexities of Guardianship law in Kenya, especially in situations where there are disputes over who should be appointed as a guardian, or when dealing with the legal process of obtaining Guardianship.

Local Laws Overview

In Kenya, the law on Guardianship is governed by the Children Act, which outlines the rights and responsibilities of guardians as well as the procedures for appointing a guardian for a minor. The law also provides for the protection and welfare of children under the care of a guardian.

Frequently Asked Questions

1. What is the difference between guardianship and custody in Kenya?

In Kenya, guardianship involves taking care of a child or individual who is not your biological child, while custody typically refers to the rights and responsibilities of the biological parents in raising their child.

2. How can I become a legal guardian in Kenya?

To become a legal guardian in Kenya, you will need to go through the court process and obtain a court order appointing you as a guardian. This process may require the assistance of a lawyer.

3. What are the rights of a guardian in Kenya?

A guardian in Kenya has the responsibility to make decisions regarding the care and well-being of the individual under their guardianship. This may include decisions about education, healthcare, and other important matters.

4. Can guardianship be revoked in Kenya?

Yes, guardianship can be revoked in Kenya through a court process if it is deemed to be in the best interest of the individual under guardianship. This may happen if the guardian is found to be neglecting their duties or acting against the welfare of the individual.

5. What are the duties of a guardian in Kenya?

The duties of a guardian in Kenya include providing for the physical, emotional, and developmental needs of the individual under their care, as well as making decisions in the best interest of the individual.

6. What factors does the court consider when appointing a guardian in Kenya?

The court will consider the best interest of the individual under guardianship, the relationship between the proposed guardian and the individual, and the ability of the proposed guardian to meet the needs of the individual.

7. Can a guardian in Kenya make decisions regarding the property of the individual under guardianship?

Yes, a guardian in Kenya may be granted the authority to make decisions regarding the property of the individual under their care, if it is in the best interest of the individual and authorized by the court.

8. Can a minor choose their guardian in Kenya?

While the preferences of a minor may be taken into consideration, the court ultimately decides who will be appointed as the guardian based on the best interest of the child.

9. How long does guardianship last in Kenya?

Guardianship in Kenya typically lasts until the child reaches the age of majority, or until the court deems it necessary to revoke the guardianship.

10. How can I dispute a guardianship decision in Kenya?

If you wish to dispute a guardianship decision in Kenya, you may seek legal advice and representation to file an appeal or challenge the decision through the appropriate legal channels.

Additional Resources

If you are in need of legal advice or assistance regarding Guardianship in Kenya, you may contact the Kenya Law Society or the office of the Chief Justice for guidance on finding a qualified lawyer to help you.

Next Steps

If you require legal assistance in Guardianship in Kenya, it is advisable to consult with a lawyer who specializes in family law and has experience in handling Guardianship cases. They can guide you through the legal process and help you protect the best interests of the individual under your care.