Who becomes a child's guardian if a parent dies?
Children Act 2022 · sources read 4 Oct 2026
When one parent dies, the surviving parent becomes the child's guardian, alone or jointly with any guardian the dead parent appointed. Either parent can appoint a guardian by will or deed, and a court can appoint one where needed.
- Where
- A will or signed deed for appointment; the Children's Court at any magistrate's court for disputes and court appointments
Steps
- To name a guardian, put it in your will, or in a deed that is dated and signed by you in front of two competent witnesses.
- After your death, the guardian you named acts jointly with the surviving parent, unless that parent objects.
- If the surviving parent objects, or the guardian thinks the parent is unfit, either can apply to court. The court can make the parent sole guardian, order joint guardianship, add a relative, or make the guardian sole guardian.
- If both parents have died or cannot be found and no one has parental responsibility, any person can apply to court in the prescribed form to be appointed guardian.
- A court can also appoint a guardian in line with the customs, culture or tradition of a community, in the same situations.
Watch out
- The surviving parent is guardian by law. If no guardian was appointed, or the appointed one has died or refuses to act, the court may appoint one to act jointly with that parent.
- A guardian who is not the child's parent cannot take the child out of Kenya without a court order.
- Guardianship ends when the child turns 18, unless a court extends it for exceptional reasons.
Who this covers
- Either parent can appoint a guardian to act after their death.
- A guardian appointed under the Act must be a Kenyan citizen.
- Any child living in Kenya, whether or not born in Kenya or a Kenyan citizen.
Official sources (1)
- The Children Act, 2022 (No. 29 of 2022) childrenservices.go.ke · read 4 Oct 2026