Torch Africa & 3 others v Governor & 8 others; Mulama & 2 others (Interested Parties) [2022] KEELRC 13376 (KLR)

Torch Africa & 3 others v Governor & 8 others; Mulama & 2 others (Interested Parties) (Petition E003 of 2020) [2022] KEELRC 13376 (KLR) (2 December 2022) (Ruling)

Neutral citation: [2022] KEELRC 13376 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Bungoma

Petition E003 of 2020

JW Keli, J

December 2, 2022

Between

Torch Africa

1st Applicant

Barasa Kundu Nyukuri

2nd Applicant

Bukusu Council of Elders (BUCOE) -Kimili Sub County

3rd Applicant

Martin Juma, Bucoe Director of Youth

4th Applicant

and

H.E Hon. Wycliffe Wafula Wangamati, Governor

1st Respondent

CEMC, Lands, Urban, Physical Planning & Housing

2nd Respondent

County Secretary & Head Of County Public Service , Chief Officer, Lands, Urban

3rd Respondent

Physical Planning and Housing

4th Respondent

Director of Physical Planning

5th Respondent

Ag, County Attorney

6th Respondent

John Ndombi, Manager, Kimilili Municipal Board

7th Respondent

Lilian Nanjala Simiyu

8th Respondent

Salome Nanajala Bukania

9th Respondent

and

Joseph Omukule Mulama

Interested Party

Caroline Khasoa

Interested Party

John Masafu Tengeye

Interested Party

Ruling

1. The applicant, Ibrahim Alubala Advocate , vide notice of motion under order 9 rule 9A Civil Procedure Rules dated August 25, 2022 sought the following reliefs:-a.That leave be granted to the firm of Ibrahim Alubala Advocates to come on record for and on behalf of the respondent/applicants in the place of Annet Mumalasi & Co Advocates.b.That costs of this application be in the cause.

2. The application is supported by the grounds that there is a judgment against the petitioner/respondent in favour of the respondents/applicants.

3. That the respondents/applicants were being represented by the firm of M/S Annet Mumalasi & Co Advocates .

4. That the applicants have since engaged the services of Ibrahim Alubala Advocates.

5. The applicant filed further affidavit by Ibrahim Alubala Advocate sworn on the November 21, 2022 averring that the proprietor of the outgoing law firm one Annet Mumalasi had since been appointed as a judge of the Environment and Land Court and produced Gazette Notice No 5235 dated June 3, 2021.

6. The application was not opposed.

7. Order 9 rule 9 of the Civil Procedure Rules states: “ Where there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has passed, such change or intention to act in person shall not be effected without an order of the court-a.Upon application with notice to all the parties,b.Upon consent filed between the outgoing advocate and the proposed incoming advocate or party intending to act in person as the case may be”.

Determination 8. The court finds that the applicant has satisfied the provisions of order 9 rule 9 of the Civil Procedure Rules (supra). That the application is not opposed by parties. The application dated August 25, 2022 is allowed with costs to the respondent/petitioner.

9. It is so ordered.

SIGNED, DATED AND DELIVERED IN OPEN COURT AT BUNGOMA THIS 2NDDAY OF DECEMBER 2022. J W KELI,JUDGE.In the Presence of:-Court Assistant: BrendaPetitioner:- AbsentRespondent:-Balusi holding brief for Alubala Advocate