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…23rd November 2007 brought by Beja Mnyika Beja against the Electoral Commission of Kenya (ECK) in which the Applicant seeks:- (1) To be exempted from serving notice on the Registrar in terms of Order 53 Rule 1(3) Civil Procedure…

…Rules (2) That the court do grant leave to the Applicant to apply for (i) An order of certiorari directed at the Respondents removing to this court for purposes of being quashed any purported proceedings orders and or recommendations…

…The applicant wanted to restrain the defendant from committing an injury so he could apply to the court for a temporary injunction to restrain the defendant under order XXXIX rule 2 of the Civil Procedure Rules (cap 21) if…

…My researches have not unearthed any rules by the Rules Committee for the procedure of obtaining a temporary injunction save those made under section 81 of the Act which are known as the Civil Procedure Rules.…

…At the same time the plaint was filed the plaintiff filed a Chamber Summons under "Order XXVI rules (sic) 5 Civil Procedure Rules as amended (sic) and Order XXXIX rules 1, 2 & 3 Civil Procedure Rules as amended (sic) and…

…Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…

…By a chamber summons under Order 39 rule 2 of the Civil Procedure Rules the respondent sought an order for injunction against the appellant to restrain it from in any way interfering with the quiet enjoyment and possession…

…respondent's substantive originating summons, the appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure…

…Order III rule 6 of Civil Procedure Rules clearly stipulates that an advocate on record, until properly removed or changed, is considered the advocate of the party until final conclusion of the cause or matter, including…

…A question might arise as to whether any person is or is not the legal representative of the deceased appellant and then the appropriate court would have to decide it: see order XXIII rules 5 and 10 Civil Procedure Rules.…