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Original judgment

High Court 4427 of 2026

In re HE (Child) (Adoption Cause E005 of 2025) [2026] KEHC 4427 (KLR) (12 March 2026) (Ruling) Neutral citation: [2026] KEHC 4427 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA ADOPTION CAUSE E005 OF 2025 TW CHERERE, J MARCH 12, 2026 IN THE MATTER OF VNN ..................................................................................................... 1ST APPLICANT AKN ..................................................................................................... 2ND APPLICANT RULING 1. The Court has considered the Notice of Motion dated 10th March 2026 seeking orders that the orders made on 09th February 2026 be vacated and that the Applicants’ application dated 08th 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 VNN and AKN, the Applicants herein, who depose that their failure to attend court on 09th 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 afiorded an opportunity to prosecute their application on the merits. 4. Consequently, the application dated 10th March 2026 is allowed and it is ordered: 1. The Applicants’ application dated 08th December 2025 is hereby reinstated. 2. The matter shall be mentioned on 13th April 2026 for directions. DATED AT NYAMIRA THIS 12TH DAY OF MARCH, 2026 WAMAE. T. W. CHERERE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4427/eng@2026-03-12 1

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