Okul & another (Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) [2023] KEELC 936 (KLR)

Okul & another (Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) (Environment & Land Case 26 of 2021) [2023] KEELC 936 (KLR) (14 February 2023) (Ruling)

Neutral citation: [2023] KEELC 936 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case 26 of 2021

GMA Ongondo, J

February 14, 2023

Between

Edward O Okul

1st Plaintiff

Tom Mboya Okul

2nd Plaintiff

Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased

and

Charles Oluoch Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased)

1st Defendant

Julius Otieno Akicho

2nd Defendant

Dharmesh Kumar Kanubhai Patel

3rd Defendant

Juma Dandi Okello

4th Defendant

and

M/S Oguttu Mboya, Ochwal & Partiners Advocates

Applicant

Ruling

1. On February 13, 2023, the firm of Oguttu Mboya Ochwal and Partners Advocates for the plaintiffs, lodged an application by way of a notice of motion dated February 10, 2023 seeking the following orders:a.The Honourable court be pleased to grant Leave and/or liberty to the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, to cease acting for the plaintiffs.b.Consequently, the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates, be discharged from acting for the plaintiffs herein, Edward O. Okul And Tom Mboya Okul.c.Costs of this Application be borne by the plaintiffs.d.Such further and or other orders be made as the court may deem fit and expedient.

2. Mr. Mandela Migele, learned Counsel instructed by W. Ochwal learned Counsel of M/S Ogutu Mboya, Ochwal and partners Advocates, has urged the court to allow the application.

3. Learned Counsel, Mr. M. Osoro holding brief for the firm of Odhiambo Oranga and Company Advocates has informed this court that:“We intend to file notice of change of advocates for plaintiff. Parties may settle matter out of court”

4. I have considered the application in its entirety. In the obtaining circumstances, I find the same meritorious.

5. Accordingly, the application is hereby allowed in terms of orders 1 and 2 sought therein and as stated in paragraph 1(a) and (b) hereinabove.

6. No orders as to costs.It is so ordered.

DATED AND DELIVERED AT HOMA BAY THIS 14TH DAY OF FEBRUARY, 2023. G.M.A ONG’ONDOJUDGEPresent:Mr. Mandela Migele holding brief for Ms Ochwal learned counsel for the plaintiff.Mr. J. Otieno holding brief for Bana learned counsel for the 1st and 2nd defendants.Mr. M. Osoro prospective counsel for the plaintiffsOkello and Fiona, Court Assistant.