'
1. Vide a chamber summons application dated 10th March 2025, brought pursuant to Order 9 rule 13(1) of the Civil Procedure rules, the applicant, Mike K. Chebii seeks an order to cease acting for the 1st respondent.
2. The application is premised on the grounds on its face and supported by his affidavit sworn on 1st October, 2025.
3. He deposes that the 1st respondent instructed his firm to represent him in Kabarnet ELC No. 8 of 2018 in the Lower Court; that the 1st respondent passed away on 3rd August 2024; that since his demise, the applicant has made efforts to secure instructions from the deceased dependents in respect of the appeal but they have failed to instruct him. He urges the court to grant his firm M. K. Chebii & Company advocates leave to cease acting for the 1st respondent.
4. On 8th October, 2025 when the application came for inter parties hearing, counsel for the appellant Mr. Kiptoo, informed the court that he was not opposing the application.
5. Vide an affidavit of service sworn on 7th October, 2025 by Mike K. Chebii, he avers that on 7th October 2025, he served Michael Korir, a son of the 1st respondent, through his cousin Omar Kiplagat with the application and mention notice at 10:00am in his office; that Omar Kiplagat acknowledged receipt by signing on a copy of the mention notice; that both Michael Korir and Omar Kiplagat are persons well known to him. A mention Notice is attached with a signature appended on 7th October 2025.
6. I have considered the application, the grounds and supporting affidavit. I am satisfied that the family of the 1st respondent was duly served but failed to respond to the application.
7. As it stands, the application is un opposed. Finding no reason to deny the orders sought, I allow prayer I in the application with no orders on costs as the application was not defended.
Dated, signed and delivered virtually at Kabarnet this 16th day of October, 2025.
Ruling delivered virtually in the absence of the parties
Court Assistant: Ian
'
1. Vide a chamber summons application dated 10th March 2025, brought pursuant to Order 9 rule 13(1) of the Civil Procedure rules, the applicant, Mike K. Chebii seeks an order to cease acting for the 1st respondent.
2. The application is premised on the grounds on its face and supported by his affidavit sworn on 1st October, 2025.
3. He deposes that the 1st respondent instructed his firm to represent him in Kabarnet ELC No. 8 of 2018 in the Lower Court; that the 1st respondent passed away on 3rd August 2024; that since his demise, the applicant has made efforts to secure instructions from the deceased dependents in respect of the appeal but they have failed to instruct him. He urges the court to grant his firm M. K. Chebii & Company advocates leave to cease acting for the 1st respondent.
4. On 8th October, 2025 when the application came for inter parties hearing, counsel for the appellant Mr. Kiptoo, informed the court that he was not opposing the application.
5. Vide an affidavit of service sworn on 7th October, 2025 by Mike K. Chebii, he avers that on 7th October 2025, he served Michael Korir, a son of the 1st respondent, through his cousin Omar Kiplagat with the application and mention notice at 10:00am in his office; that Omar Kiplagat acknowledged receipt by signing on a copy of the mention notice; that both Michael Korir and Omar Kiplagat are persons well known to him. A mention Notice is attached with a signature appended on 7th October 2025.
6. I have considered the application, the grounds and supporting affidavit. I am satisfied that the family of the 1st respondent was duly served but failed to respond to the application.
7. As it stands, the application is un opposed. Finding no reason to deny the orders sought, I allow prayer I in the application with no orders on costs as the application was not defended.
Dated, signed and delivered virtually at Kabarnet this 16th day of October, 2025.
Ruling delivered virtually in the absence of the parties
Court Assistant: Ian
'