The Children (Guardianship) (Practice and Procedure) Rules, 2024

47. Consequences of non-attendance

Edition: 2024-10-18 · In force

47. 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 originating summons, 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)The Court shall allow an application under subrule (2) only if it is satisfied that—

(a)the applicant was not served with the notice for the hearing; or

(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