AGADVOKS GLOBALKENYA · ENGLISH
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The Children (Foster Care) (Practice and Procedure) Rules

27. Consequences of non-attendance

Edition: 2024-10-18 · In force

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27. Consequences of non-attendance

(1)Where any party to the suit fails to attend at the hearing, the Court may proceed to hear and determine the case, or make such orders as it deems fit.
(2)A party who is aggrieved by an order issued under subrule (1) may apply to the Court to set aside the ex parte order or proceedings.
(3)An application under subrule (2) may only be allowed if the Court is satisfied that —
(a)the applicant was not served with the notice for the hearing of the application;
(b)the applicant was otherwise prevented by justifiable cause from attending the trial; and
(c)it is in the best interests of the child that the ex parte order or proceedings be set aside.
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Source: Kenya Law