Otwori v Merkle (Cause 2385 of 2017) [2024] KEELRC 386 (KLR) (29 February 2024) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 386
- Citation
- [2024] KEELRC 386 (KLR)
- Decided
- 29 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to cease acting for a partyPostureApplication grantedCoramNDOLO
Holding
The Court grants the application and allows the Advocates to cease acting for the Respondent.
Facts
The Respondent, Caspar Merkle, is a foreigner with a diplomatic passport and is represented by Nyaguthie Njuguna & Company Advocates. The Claimant, Florence Otowi, opposes the application, stating that the Respondent has not provided instructions and that the Advocates have not made attempts to reach the Respondent.
Issues
- Whether the Respondent is a foreigner with diplomatic immunity
- Whether the Respondent has failed to provide instructions to the Advocates
- Whether the Advocates have made attempts to reach the Respondent
Reasoning
The Court finds that the application is not made in bad faith and that the Respondent has not provided instructions to the Advocates. The Court also notes that the delay in the case is not a valid reason to force the Advocates to remain on record.
Outcome
Application granted
Orders
- Leave granted to Nyaguthie Njuguna & Company Advocates to cease acting for the Respondent
Remedies
- The Claimant will deal directly with the Respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Njoroge & another v Njoroge & another (Civil Application E106 of 2021) [2021] KECA 258 (KLR)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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