Counsel on record for the Plaintiff is apprehensive that if the application for another counsel to come on record is determined it may lose it lien over the Plaintiff's funds and documents its holds. He admits that his bill of costs is pending taxation although there is an application to strike it out.
I hold that the Advocates lien is possessory and cannot be lost unless by a court order to that effect. The pending proceedings are the process provided in law for the Advocate to recover fees. I do not see any prejudice nor will his continued being on record assist his case.
I therefore allow the application dated 14.02.2023 on terms of Prayer No. 1 on that leave is granted to the firm of Biwott and Mugeni Advocates to come on record for the Plaintiff in place of Akello Karuga and Company Advocates and the Notice of Change filed deemed as dully filed. Costs in the cause.
DATED and DELIVERED at NAIROBI this 30th day of MARCH 2023
D. S. MAJANJA
JUDGE