I have considered the notice of motion dated 9th August 2024, the affidavit in support thereof sworn by Philip AOL Ng'on'go on even date and the enclosures therein and I do note that the respondents have not filed any response albeit served wherefore I allow the same and I make the following orders;
1) The body of Donne Atieno N'gongo be exhumed from the present grave situated on parcel No. Kisumu/manyatta B/1404 belonging to Necodemus AOL Odera and the said body be buried in a different location within parcel No. Kisumu/Manyatta B/1404.
2) The 1st 2nd respondents are directed to issue the applicant with the requisite permit for exhumation and reburial of Donne Atieno N'gongo.
3) The 1st and 2nd respondent are hereby directed to issue the applicant with a burial permit, once the body of Donne Atieno N'gongo is exhumed from the present area of interment.
4) The orders to apply mutatis mutandis to Kisumu High Court Misc App No. E327 of 2024.
5) No orders are made on costs.
6) This file is marked as closed.
Dated at Kisumu this 28th day of October 2024