the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 95his advocate in any cause or matter, without an order for that purpose, but unlesscause or matter is proceeding and served in accordance with rule 6, the formeradvocate shall, subject to rules 12 and 13 be considered the advocate of the party[Subsidiary]Change of advocate.6. The party giving the notice shall serve on every other party to thecause or matter (not being a party in default as to entry of appearance) and onthe former advocate a copy of the notice endorsed with a memorandum stating7. Where a party, after having sued or defended in person, appoints anadvocate to act in the cause or matter on his behalf, he shall give notice of theappointment, and the provisions of this Order relating to a notice of changeof advocate shall apply to a notice of appointment of an advocate with the8. (1) Where a party, after having sued or defended by an advocate,intends to act in person in the cause or matter, he shall give a notice stating hisintention to act in person and giving an address for service within the jurisdictionof the court in which the cause or matter is proceeding, and the provisions ofthis Order relating to a notice of change of advocate shall apply to a notice of[Order 9, rule 6.]Service of notice ofchange of advocate.[Order 9, rule 7.]Notice ofappointment ofadvocate.[Order 9, rule 8.]Notice of intention toact in person.(2) The address for service given under subrule (1) shall comply withOrder 6, rule 3.9. When there is a change of advocate, or when a party decides to actin person having previously engaged an advocate, after judgment has beenpassed, such change or intention to act in person shall not be effected withoutan order of the court—[Order 9, rule 9.]Change to be effectedby order of court orconsent of parties.(a) upon an application with notice to all the parties; or(b proposed incoming advocate or party intending to act in personas the case may be.10. An application under rule 9 may be combined with other prayersprovided the question of change of advocate or party intending to act in person11. The party who gives notice under rule 8 or obtains an order underrule 9 may perform the duties prescribed under this Order in person or throughhis new advocate.[Order 9, rule 10.]Procedure.[Order 9, rule 11.]Power to act inperson or throughnew advocate.12. (1) Where an advocate who has acted for a party in a cause ormatter has died or become bankrupt or cannot be found or has failed to takeotherwise unable to act as an advocate, and the party has not been given notice[Order 9, rule 12.]Removal of advocatefrom record atinstance of another