Apply to court for legal guardianship of a child
The Judiciary of Kenya · sources read 3 Oct 2026
File an originating summons (Form GR5) with a supporting affidavit (Form GR4) at the Children's Court in any magistrate's court. Filing is free, and the court should decide within 60 days.
- Fee
- FreeFiling and court documents
- How long
- Within 60 days of filing, unless the court extends it
- Where
- The Children's Court at any magistrate's court (Milimani and Tononoka are dedicated Children's Courts)
What you need
- Originating summons in Form GR5
- Supporting affidavit in Form GR4 setting out the facts and your reasons
- Affidavit of fitness in Form GR6 (guardianship of the child)
- Verifying affidavit in Form GR7 if the guardianship covers the child's estate or inheritance
- Notice to enter appearance in Form GR8
Steps
- Prepare an originating summons (Form GR5) and a supporting affidavit (Form GR4), plus the affidavit of fitness (GR6) and a notice to enter appearance (GR8).
- File them at the Children's Court. Every magistrate's court handles children matters, and there's no filing fee.
- The court stamps your notice to enter appearance and gives you copies within 3 days.
- Within 10 days, serve the papers on the proposed guardian and the other people the court lists.
- Attend the hearing. The court should decide within 60 days of filing.
Watch out
- If there's already a case about the child, apply inside that case with a notice of motion (Form GR3) instead.
- Your affidavit must confirm that the proposed guardian, and anyone else who strongly affects the child's welfare, has agreed.
- A guardian who isn't the child's parent needs the court's permission to take the child out of Kenya.
Who can apply
- Anyone the court finds fit can be appointed guardian on an application in the prescribed form.
- A common case: both of the child's parents have died.
- You don't have to be a relative: the affidavit asks about your relationship with the child, if any.
Official sources (3)
- The Children (Guardianship) (Practice and Procedure) Rules, 2024 (L.N. 159 of 2024) new.kenyalaw.org · read 3 Oct 2026
- Children Act, 2022 (No. 29 of 2022) new.kenyalaw.org · read 3 Oct 2026
- Magistrate Courts judiciary.go.ke · read 3 Oct 2026