Machuma v Kalikania

Machuma v Kalikania (Civil Application E007 of 2026) [2026] KECA 2036 (KLR) (Civ) (19 June 2026) (Ruling) Neutral citation: [2026] KECA 2036 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KAKAMEGA CIVIL CIVIL APPLICATION E007 OF 2026 S RADIDO, JA JUNE 19, 2026 BETWEEN AGNETA MACHUMA ............................................................................. APPLICANT AND JOHN WAFULA KALIKANIA ........................................................... RESPONDENT (Being an appeal arising from the judgment, order and/or decision of Hon Justice Enock Cherono, Judge, Environment and Land Court Bungoma, delivered on 23rd May 2025 in Bungoma Environment and Land Court Appeal E033 of 2022) RULING 1. E. O. Kweyu & Co. Advocates (the applicant) moved the Court through a Motion dated 4th May 2026, seeking leave to cease or withdraw from representing John Wafula Kalikania (the Respondent). 2. The grounds advanced in support of the application were that the Respondent had not visited the applicant's oces or communicated with the applicant to give further instructions after the Environment and Land Court delivered judgment in Bungoma ELC Appeal No. E033 of 2022 on 23rd May 2025, and that all eorts to trace the Respondent had not borne any fruit. 3. The applicant did not cite any relevant Rule of this Court, but Rule 23(2) of the Court of Appeal Rules, 2022 allows an advocate to apply to a single judge of the Court for leave to cease acting for a party. Under the Rule, the advocate would be deemed to have ceased from acting for the party upon service on the party of a certied copy of the order granting leave to cease from acting. 4. On the application of the applicant, leave is granted to cease acting for the Respondent. The advocate is directed to serve a certied copy of the order on all concerned parties. Costs in the cause. DATED AND DELIVERED AT KAKAMEGA ON THIS 19TH DAY OF JUNE 2026. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2036/eng@2026-06-19 1

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