RULING
- The application for adjournment by the new advocate for the Defendant is that he requires time to familiarise himself with the file having taken over the matter yesterday.
- It is important to look at the conduct of the Defendant in this file before a determination of this application is made.
- This matter was fixed for hearing on 3.06.2025 where parties were directed to avail their witnesses.
- On the 3.06.2025 the Plaintiffs testified and thereafter the Defendant applied for an adjournment on the grounds that she was unwell and could not attend court.
- The Defendant Counsel could not give a possible date of when the Defendant would be available to testify.
- The Court granted the Defendant an adjournment and fixed the matter on 4.07.2025.
- In the meantime, the Court also fixed a mention date on 20.06.2025 to confirm if the defendant would be available to testify on 4.07.2025.
- On the 20.06.2025, the Defendant Counsel confirmed that the Defendant was getting well and would attend the hearing on 4.07.2025.
- Today the new counsel has not disclosed if the Defendant is available to testify or not.
- Instead, the Defendant counsel is now alleging that he is not familiar with the case having been instructed yesterday.
- The Court is of the considered view that the late appointment of the advocate by a party is not sufficient reason for adjournment.
- The reason is that a court cannot control the manner and time when a party decides to fire or hire their advocates.
- Be as it may, if a counsel elects to receive instructions at the last minute before a hearing, it is his duty to burn the midnight oil and proceed with the matter on the date it is scheduled.
- In this instance, the new counsel would at least have confirmed the availability of the Defendant witness and if need be seek an adjournment.
- As it stands now, the application for adjournment by the Defendant is denied and matter will proceed at 11:30AM in open court.
- The new counsel can appear in court or participate through the online platform.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Kirui for the plaintiff
Defendant: