I have considered the application by the Plaintiffs for an adjournment. I have also considered the submissions by all counsels.
I am aware that today’s and tomorrow’s hearing dates were given as a compromise on 17th September 2025 when parties resolved Notice of Motion dated 5th September 2025 by consent. The idea was to have an early hearing and determination of the suit even as interim relief was granted by consent.
While sickness is a matter that cannot be controlled by anyone, how parties conduct themselves following such an event is perfectly within control. I note that this matter is also scheduled for hearing tomorrow.
Taking into account all the factors, I grant the Plaintiffs an adjournment on compassionate grounds. The adjournment is only in respect of today’s date. The Plaintiffs to make appropriate arrangements to proceed with hearing tomorrow. If necessary, Mr Ngeno can detail another advocate to handle the matter.
Dated this 14th day of October 2025.
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