[2025] KEHC 8208 (KLR)
The court found that the applicant had demonstrated sufficient cause for the delay in prosecuting the suit, specifically citing the prolonged social assessment by the adoption agency as a justifiable reason for noncompliance with previous court orders. The court further held that the interests of justice would be...
Source-derived case information.
- Citation
- [2025] KEHC 8208 (KLR)
- Parties
- Applicant: Euniah Kerubo Kegege
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E06 of 2023
- Procedural Posture
- Adoption Cause / Application for Reinstatement After Dismissal for Want of Prosecution
- Outcome
- Application allowed. Suit reinstated and fixed for hearing.
- Judges
- RN Nyakundi
- Legal Topics
- Adoption Procedure, Reinstatement of Suit, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Euniah Kerubo Kegege
Applicant
Procedural Posture
Adoption Cause / Application for Reinstatement After Dismissal for Want of Prosecution
Legal Issues
- 1 Whether sufficient cause has been shown to warrant reinstatement of the adoption suit dismissed for want of prosecution.
- 2 Whether the interests of justice require the suit to be reinstated.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the delay in prosecuting the suit, specifically citing the prolonged social assessment by the adoption agency as a justifiable reason for noncompliance with previous court orders. The court further held that the interests of justice would be best served by reinstating the suit to allow it to be heard on its merits, rather than penalizing the applicant for circumstances beyond her control. Accordingly, the court exercised its discretion to reinstate the suit and fixed it for hearing.
Court Disposition
Application allowed. Suit reinstated and fixed for hearing.
Orders
- The suit is reinstated.
- The matter is fixed for hearing on 17th June 2025.
Full Case Text
Judgment text and source record
12 paragraphs
In re RKM (Minor) (Adoption Cause E06 of 2023) [2025] KEHC 8208 (KLR) (11 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8208 (KLR)
Republic of Kenya
In the High Court at Eldoret
Adoption Cause E06 of 2023
RN Nyakundi, J
June 11, 2025
Ruling
1. This is an application in the above-mentioned case seeking the following orders:-i.That this Honourable court be pleased to reinstate the suit herein which was dismissed on 5th February 2024ii.This Honourable court be pleased to give directions as of an early date of hearing of this suit.iii.That the costs of this application be provided for
2. It is further supported by an affidavit sworn by Euniah Kerubo Kegege which states as follows:i.That I am an adult of sound mind, the applicant herein hence conversant with the facts of this suitii.That this suit herein was dismissed on 5. 2.2024 for want of prosecutioniii.That the applicant had not complied with the orders in situiv.That the noncompliance of the orders was due to prolonged social assessment by the adoption agency which was necessaryv.That the applicant has meritorious case as evidenced by the report duly filed in courtvi.That it is in the interest of justice that this suit be reinstatedvii.That I swear this affidavit in support of my application for reinstatement of this suit.
2. The Applicant has demonstrated sufficient cause to reinstate the suit and the same is fixed for hearing on 17. 6.2025
GIVEN UNDER MY HAND AND THE SEAL OF THIS COURT THIS 11THDAY OF JUNE 2025. R. NYAKUNDIJUDGE