The law is explicit that change of representation from one advocate to another should be by way of filing of Notice of Change of Advocates. Mr Wesonga has confirmed that as of 20th May 2026 when he filed Notice of Motion dated 20th May 2026, he was not on record. In fact, he has only filed a notice of change this morning.
This is a concluded matter, a final ruling having been delivered on the Miscellaneous Cause on 29th April 2026. To validly take over representation of the Applicant, Mr Wesonga needed either leave of the Court or a consent from the Advocates previously on record for the Applicant. No leave has been granted and the consent referred to has not been filed. In any case, both the consent and leave ought to have been filed or obtained prior to filing Notice of Motion dated 20th May 2026.
I agree with Mr Ochoki that Notice of Motion dated 20th May 2026 is fatally defective and beyond salvage. I strike it out. Costs to the Respondent.
Dated this 8th day of June 2026.