REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL CASE NUMBER 52 OF 2015
SAMMY NDUNGU MUNGAI
T/A KINAMBA EVANS ENTERPRISES NAKURU.......PLAINTIFF

VERSUS

ANTI-COUNTERFEIT AGENCY.............................. RESPONDENT

RULING ON THE PRELIMINARY OBJECTION DATED 3RD NOVEMBER 2015

1. The Plaintiff/Applicant by its Notice of Preliminary objection dated 3rd November 2015 objects to the hearing of the Notice of Motion dated 18th November 2015 on the following grounds:

(1) That the plaintiff objects to the firm of Sichangi and Associates coming on record for the defendant and pray that the Notice of Appointment be struck out.
(2) That the appointment of Sichangi and Associates did not follow due process i.e procurement rules.
(3) That the Defendant was already represented by the Attorney General.

2. This suit was instituted by the plaintiff against the Anti-Counterfeit Agency, the defendant. Upon service of the necessary court process, the defendant appeared through the Honourable Attorney-General and answered by filing its responses to the plaintiffs application dated 13th July 2015 and which the parties compromised by recording a consent order on the 20th July 2015.

The plaintiff thereafter filed a Notice of Motion dated 12th October 2015 and served the Honourable Attorney General on behalf of the Defendant.

On the 17th November 2015, a Notice of Change of representation was filed by the firm of Sichangi Partners Advocates to represent the defendant, and at the same time filed a Replying Affidavit to the application dated 12th October 2015. On the 18th November 2015 when the application come up for hearing before me, the defendant sought leave to file a response to the preliminary objection which was granted and a replying affidavit was duly filed on the 3rd December 2015, both on the preliminary objection and to the substantive application being supplementary to its earlier replying affidavit sworn on the 17th November 2015. 

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