RULING
1. I have read and considered the application dated 6th November 2022 brought under Order 9 Rule 13 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, seeking the following orders;
1) That the firm of M/s Kibii & Co. Advocates be allowed to cease acting for the 3rd, 4th, 5th, 6th and 10th defendants herein.
2) That costs of the application be provided for.
2. The application is premised on the grounds that the firm of M/s Kibii & Co. Advocates do not have further instructions to continue representing the 3rd, 4th, 5th, 6th and 10th defendants who will not be prejudiced if the application is allowed.
3. The application is supported by the affidavit of Silas K. Kibii sworn on 6th November 2023 where the grounds are reiterated.
4. The application is not opposed.
5. The applicant has filed an affidavit of service sworn by Vincent Ogutu a licensed process server, on 29th May 2024. In paragraph 3 of his affidavit, the process server deposes that on 23rd May 2024, he met Gloria Chepkosgei a granddaughter of Tomining Kipyuk, the 10th defendant herein at her grandmother’s home; that she received the application dated 6th November 2023 and acknowledged service by signing against her grandmother’s name on the process server’s copy of the chamber summons. He further deposes in paragraph 4 that he travelled, to the homestead of Wilson Kimuge the 5th defendant on the same date and met his grandson Kipkemoi Daniel who received and acknowledged the pleadings on behalf of his grandfather by signing against his grandfather’s name on the process server’s copy; that he then proceeded to the homestead of Nicolas Kibii Kigen, the 4th defendant herein who accepted the pleadings but declined to sign on his copy.
6. Thereafter he proceeded to the homestead of Willima Kirui alias William Kirui, the 3rd defendant herein, who also acknowledged the pleadings by signing against his name on the process server’s copy of chamber summons.
7. On the face of the copy of chamber summons application attached to the affidavit of service of Vincent Ogutu sworn on 29th May 2024, there are stamps appended by the firms of RK Limo Advocates and Kelvin Bett Associates on 27th March 2024 as proof that they were served.
8. I have read and considered the application, the grounds, supporting affidavit and the affidavit of service and I am satisfied that the 3rd, 4th, 5th and 10th defendants were properly served. I am also satisfied that counsels representing the plaintiffs and 1st defendant were also properly served.
9. Consequently, I allow prayer 1 in the application with no orders as to costs as the application was not defended.
Dated, signed and delivered, at Iten this 4th day of June 2024.
Ruling delivered virtually in the presence of:-
N/A for the Plaintiff
Mr. Kibii for the 2-16th Defendants
N/A for the 1st Defendant
Court Assistant: Christine