1.The application dated 8th August 2023 is brought under Article 159(d) of the Constitution of Kenya, Section 1, 1A and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, seeking the following orders:1.The Honourable Court be pleased to grant leave to the firm of Kigen Ngetich & Co. Advocates to come on record after judgment for the respondent herein2.Costs be provided for.
2.The application is premised on the grounds on its face and is supported by the affidavit of Wilson Kigen, sworn on 8th August, 2023. He deposes that prior to the judgment being delivered on 24th January 2023 in favour of the respondent herein, the firm of Mwaita and Company Advocates were acting for the respondent in the matter. After the appeal was filed, the respondent appointed the firm of Kigen Ngetich & Company Advocates to act for him in place of Mwaita and Company Advocates. He avers that the appellant will not be prejudiced if the application is allowed.
3.The application is not opposed.
4.Order 9 Rule 9 of the Civil Procedure Rules provides;
5.The firm of Kigen Ngetich and Company Advocates filed the instant application on 8th August 2023 and served it upon the firm of Mwaita & Company Advocates on the same date at 2.10pm. The application was received with the remarks “we have no objection on one condition. Advise him to …………”
6.I have read and considered the affidavit and I am satisfied that notice was given to the outgoing advocate for the respondent in compliance with Order 9 Rule 9(a) of the Civil Procedure Rules. Consequently, I allow prayer (i) in the application dated 8th August 2023 with no orders as to costs as the application was not opposed.