Njuguna, Kahari and Kiai Advocates v Nairobi City County [2020] KECA 44 (KLR)
The bottom line
#Kenya's Court of Appeal allowed advocates to stop representing Nairobi City County, confirming that a broken relationship of trust is enough grounds to leave a case.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant firm of advocates should be granted leave to cease acting for its client, Nairobi City County, owing to irreconcilable differences
Key legal issues
#Whether leave should issue for advocates to come off record
Leave granted where loss of confidence and trust has rendered the relationship untenable
The court accepted the uncontroverted affidavit evidence of a partner in the firm that irreconcilable differences had destroyed confidence and trust. The application was unopposed despite service on both the client and the respondents. The court analogised the advocate-client relationship to a marriage that must be severed when untenable, and allowed the application with a consequential direction on service.
Legal principles established
#- Where irreconcilable differences arise between advocate and client, the advocate may be granted leave to cease acting, with service thenceforth effected directly on the client until new counsel comes on record.
Court orders
#- 1.The Notice of Motion dated 13th November, 2020 is allowed
- 2.Leave granted to the applicant to cease acting for the appellant
- 3.Any correspondence or other Court processes in the appeal be served directly on the appellant until another counsel comes on record for it
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rules 1(2) and 23(2) of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
When differences between counsel and client become irreconcilable, just like in a marriage, the relationship becomes untenable and the chains that bind the two parties must be severed.
The Notice of Motion dated 13th November, 2020 is hereby allowed and the applicant is granted leave to cease acting for the appellant.
Issues in the judgment
#The judgment is a single-judge chambers ruling of the Court of Appeal, not a panel appellate judgment; the appeal number and the parties' appellant/respondent designations are unclear - the applicant firm is styled as moving 'to cease acting for the appellant, Nairobi City County', which appears internally inconsistent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njuguna, Kahari and Kiai Advocates v Nairobi City County [2020] KECA 44 (KLR)", Case Analysis (2020). Notice of Motion dated 13th November, 2020 (appeal unspecified). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/44/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.