1. The Court has considered the Notice of Motion dated 10th March 2026 seeking orders that the orders made on 9th February 2026 be vacated and that the Applicants’ application dated 8th December 2025 be reinstated for hearing and determination on the merits.
2. The application is supported by the supporting affidavit sworn on 10th March 2026 by Vitas Nyaribari Ndege and Alice Kwamboka Nyang’au, the Applicants herein, who depose that their failure to attend court on 9th February 2026 was occasioned by their former advocate who failed to inform them of his intention not to attend court and thereafter ceased communication with them.
3. This matter concerns an adoption involving a child and the Court is required to give paramount consideration to the best interests of the child. In the circumstances, the Court is satisfied that it is in the interest of justice that the Applicants be afforded an opportunity to prosecute their application on the merits.
4. Consequently, the application dated 10th March 2026 is allowed.
1) The Applicants’ application dated 8th December 2025 is hereby reinstated.
2) The matter shall be mentioned on 13th April 2026 for direction
2. The application is supported by the supporting affidavit sworn on 10th March 2026 by Vitas Nyaribari Ndege and Alice Kwamboka Nyang’au, the Applicants herein, who depose that their failure to attend court on 9th February 2026 was occasioned by their former advocate who failed to inform them of his intention not to attend court and thereafter ceased communication with them.
3. This matter concerns an adoption involving a child and the Court is required to give paramount consideration to the best interests of the child. In the circumstances, the Court is satisfied that it is in the interest of justice that the Applicants be afforded an opportunity to prosecute their application on the merits.
4. Consequently, the application dated 10th March 2026 is allowed.
1) The Applicants’ application dated 8th December 2025 is hereby reinstated.
2) The matter shall be mentioned on 13th April 2026 for direction