REPUBBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA ELC CASE NO. E40 OF 2022 BENEAH OKANGA WESONGA……………………………………………………….....PLAINTIFF/APPLICANT =VERSUS= FELIX OTWANE KOLLOTONGI……………………………………………………..DEFENDANT/RESPONDENT RULING This is a concluded matter whereupon, judgment has already been delivered in favour of the plaintiff. In the proceedings leading up to the hearing and judgment, the plaintiff was represented by the firm of Mechi & Associates Advocates. The case proceeded ex-parte in default of attendance on the part of the defendant. In his application dated 07/07/2026 filed under a certificate of urgency, the plaintiff has applied for leave to bring on board a new Advocate, that is, M/S Muri Mbugua & Associates in place of M/S Mechi & Associates Advocates to continue with the process of execution of the judgment and resultant decree. His explanation is that Mr. Mechi has since secured a job as a state counsel in the ODPP's office. Given that explanation and the fact that this matter is not defended- it proceeded ex-parte in default of appearance and defence- I would allow this application ex-parte straight away. It is within the public domain that Mr. Mechi, who used to practice before this court, has since joined the ODPP’s office as a state counsel. Therefore, the requirement of the law that he and the defendant be notified first as contemplated under order 9 Rule 9 of the Civil Procedure Rules is technically obviated. 1|Page
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Because the prayers sought are being allowed ex-parte in the first instance without the need to fix a hearing date, I see no harm in certifying the same as urgent. In the upshot, I allow this application and make orders in terms of prayer (1) and (2) which I now set out as follows; a) THAT this application is certified as urgent. b) THAT the firm of Muri Mbugua & Associates be and is hereby granted leave to come on record for the Plaintiff/ Applicant in place of M/S Mechi & Associates. c) THAT costs of this application shall be in the cause. The matter is to be filed away pending execution at the plaintiff's convenience. Dated at Bungoma this 23rd day of July 2026. R.B.N MALOBA(MS)SENIOR PRINCIPAL MAGISTRATE 2|Page
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