Patrick Omutia v Telkom Kenya Limited [2021] KEELRC 2148 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR

RELATIONS COURT AT NAIROBI

CAUSE NUMBER 80 OF 2013

BETWEEN

PATRICK OMUTIA ...............................................CLAIMANT

VERSUS

TELKOM KENYA LIMITED..............................RESPONDENT

RULING

1.  The  Law Firm of Onindo Onindo and Associates, seeks, through its application dated 3rd December 2020, to come on record for the Claimant, in place of the Law Firm of S. Musalia Mwenesi Advocates.

2.  The application is opposed through the affidavit of Mr. Stephen Mwenesi, sworn on 4th February 2021.  The main ground in opposing the application, is that the Client, the Claimant herein, has not completed paying legal fees to his current Advocate.

3. The Court is persuaded that there is a mechanism, for the Law Firm of Mwenesi to recover any outstanding legal fees from the Claimant.  The Claimant must not be denied his right of representation by an Advocate of his choice.

IT IS ORDERED: -

a.  The application filed by Onindo Onindo and Associates, dated 3rd December 2020 is allowed.

b.  No order on the costs.

Dated and delivered at Nairobi, this 5th   day of  February,  2021.

James Rika

JUDGE