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ke

REPUBLIC OF KENYA

IN THE CHILDRENS COURT AT NAIROBI

CHIDRENS CASE NO. 550 OF 2006

IN THE MATTER OF ROBERT KIMANI – A CHILD

>>><<<::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF/DECREE-HOLDER

-versus-
>>><<<:::::::::::::::::::::::::::::::::::::::::: DEFENDANT/JUDGEMENT-DEBTOR

NOTICE OF MOTION

(Under Legal Notice No. 77 General Rules and Regulations of the Children’s Act and
Under Order XLIV Rule 1 of the Civil Procedure Rules and any other enabling
provisions of the Law)

TAKE NOTICE that this court will be moved on the ………. day of ………………………
20... at >>><<< O` Clock in the forenoon or soon thereafter, when counsel for the
Defendant will be heard on an application for orders: -

THAT the judgement made by the Hon. >>><<< on >>><<< be reviewed.

THAT the costs of this application be provided for.

‘THAT such further and other relief be granted as this court deems fit and expedient in
the circumstances.

WHICH APPLICATION is supported by the grounds set out hereunder [and in the
annexed affidavit of >>><<< and on such further grounds as may be adduced at the
hearing hereof.

THAT the said judgement has omitted material reliefs sought by the plaintiff.

THAT it is in the interest of the child herein that the said judgement is reviewed.

THAT there has been no unreasonable delay in making this application.

DATED at NAIROBI this …………………. day of ………………………………………….

2007.

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ROMBO & COMPANY

ADVOCATES FOR THE PLAINTIFF

Note- If any party served does not appear at the time and place above-mentioned
such order will be made and proceedings taken as the court may think

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REPUBLIC OF KENYA

IN THE CHILDRENS COURT AT NAIROBI

CHIDRENS CASE NO. >><<< OF 20

IN THE MATTER OF >>><<< – A CHILD

>>><<< ::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF/DECREE-HOLDER

-versus-

>>><<< :::::::::::::::::::::::::::::::::::::::::: DEFENDANT/JUDGEMENT-DEBTOR

SUPPORTING AFFIDAVIT

I, >>><<<of Post Office Box Number >>><<<, Nairobi in the Republic of Kenya do hereby
make oath and state as follows:-

THAT I am the plaintiff herein with knowledge of the fact of this case and thus competent
to swear this affidavit.

THAT I filed this suit on behalf of the child herein.

THAT this case proceeded for hearing ex-parte on >>><<< wherein I gave and oral
testimony and produced exhibits detailing what expenses I incur on behalf of the child
more noteworthy the school fees I pay on his behalf.

THAT the honourable court entered judgement in my favour more so stressing that my
evidence had been uncontroverted and adapted in its entirety. Annexed hereto and
marked “AMM 1” is a true copy of the judgement.

THAT despite the said sentiments, I was rather surprised that the court only awarded
Kshs 3,000/- per month as maintenance for the child.

THAT the award of Kshs 3,000/- will not be sufficient to cater for the child’s needs
especially school fees and other expenses as pleaded.

THAT the said judgement made no mention or seemed not to have taken into account
the school fees required for the child and I am apprehensive that it may have been
occasioned by an oversight given that I submitted comprehensive details of the school
fees required for the child which documents were produced as Plaintiff’s Exhibit 2.

THAT I am counselled by my advocates that if there was an inadvertent omission on the

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part of the court, then it has powers to review its judgment.

THAT no evidence has been tendered to show that the defendant/judgment-debtor and
objectors are linked.

THAT I swear this affidavit in support of this application, praying that this Honourable
court do review the judgment and provide for the reliefs sought.

THAT what is deponed to hereinabove is true to the best of my knowledge, information

and belief save wherein sources and full particulars whereof have been disclosed.

SWORN at NAIROBI by the said )

>>><<< )
this day ) ……………………………………
of 20…. ) DEPONENT
)
)
)
)
BEFORE ME )
)
)
)
COMMISSIONER FOR OATHS )

DRAWN & FILED BY:

NAIROBI

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