RULING
The applicant in the notice of motion dated 31st January, 2008 and lodged in the Court on 1st February, 2008 is James Njuguna Warukira. The respondents to that motion are listed as Francis Ngambi Rukomia, the 1st respondent, the African Inland Church, the 2nd respondent, County Council of Nakuru as the 3rd respondent and the Hon. the Attorney General as the 4th respondent. When the motion was argued before me only the applicant, represented by Mr. Kagucia and the 2nd respondent, represented by Mr. Kahiga attended the hearing. Under Rules 44 and 52 of the Court’s Rules, the applicant is seeking leave of the Court to amend a memorandum of appeal filed in Civil Appeal No. 121 of 2007 wherein the appellant is shown as Francis Ngambi Rukomia, the first respondent herein.
The applicant wishes to be cited as the appellant in that appeal. In the superior court, the firm of Mr. Kagucia appeared for both the applicant and the first respondent and in her affidavit in support of the motion…