Mr Simiyu, counsel for the 6th and 7th Defendants, has sought an adjournment to enable him to consider, in his words, whether to withdraw the claim by the 6th and 7th Defendants. I have considered the application and the submissions. Mr Simiyu has however not told the court which claim that is. Earlier on, he said that his clients’ case is overtaken by events and that he does not intend to call any witnesses.
I have perused the record. I note that the 6th and 7th Defendants were joined in the matter as defendants pursuant to a ruling delivered on 24th September 2019. Subsequently, an amended plaint was filed, in which Mr Simiyu’s clients are named as 6th and 7th Defendants.
A defendant cannot purport to withdraw a claim by a plaintiff. I find no merit in the application for adjournment. I dismiss it. Hearing to proceed.
Dated at Kakamega this 29th day of October 2024.