K'Opot t/a K’Opot & Company Advocates v Ominde [2024] KEHC 5777 (KLR)

K'Opot t/a K’Opot & Company Advocates v Ominde (Miscellaneous Civil Application 37 of 2017) [2024] KEHC 5777 (KLR) (15 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5777 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application 37 of 2017

RE Aburili, J

May 15, 2024

Between

Stepheb Aluoch K'Opot t/a K’Opot & Company Advocates

Applicant

and

Seline Grace Ominde

Respondent

Ruling

1. It is now 10. 40am. Mr. Jeji appeared at 9. 15am and I asked him to supply evidence that Mr. K’Opot is an advocate in active practice but he could not supply the same.

2. I placed the file aside. I have recalled the file and he is not available to respond to the court’s query.

3. The application dated 27th June 2018 is hereby dismissed for two reasons:1. That the same is not prosecuted by the Applicant who is absent.2. That the person purporting to be an advocate on whose behalf the costs are sought to be recovered, a Mr. Stephen Aluoch K’Opot is not an advocate, under the Advocates Act as there is no evidence that he has a practicing license.

4. This file is closed.

5. This Ruling to be typed forthwith.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF MAY, 2024R. E. ABURILIJUDGE