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Court of AppealPartially AllowedNotice of motion dated 5th August, 2020 (arising from HCCC No. 64 of 2019 (OS))· [2020] KECA 289 (KLR)

Oseko & Ouma Advocates LLP v Samuel Gachie Kamiti [2020] KECA 289 (KLR)

Court of Appeal of Kenya
9 October 2020
HOHannah Okwengu
427 words in judgment
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The bottom line

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Kenya's Court of Appeal certified a law firm's application to freeze a client-fee order as urgent, meaning parallel proceedings can justify priority hearings.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nairobi on the certification of urgency, not a full appellate judgment. Oseko & Ouma Advocates, LLP, the applicant, intended to appeal against a ruling and order of the High Court (Tuiyot, J) dated 20th September 2019 in HCCC No. 64 of 2019 (OS), which referred an advocate-client dispute to arbitration, directed that monies held on deposit with accrued interest be moved to a joint interest account, and required the applicant to release the client file in HCCC No. 543 of 2010 to the respondent's new advocates, Kipkenda and Co. Advocates. A single judge had earlier declined to certify the applicant's motion dated 5th August 2020 as urgent on the papers. The applicant invoked Rule 47(5) of the Court of Appeal Rules for an inter partes hearing on urgency. Owing to the Covid-19 pandemic, the matter proceeded by written submissions. The applicant argued that ongoing arbitration proceedings, the loss of earned legal fees, extinguishment of its lien over the client file, and accrued tax penalties justified urgency. The respondent addressed only the merits, which were not before the court at that stage. Finding the peculiar nature of the order and the parallel proceedings sufficient, Hannah Okwengu, JA certified the motion as urgent and directed priority listing. No costs order was made and no authorities were cited. This ruling establishes no substantive precedent beyond the urgency certification itself.

Key legal issues

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01

Certification of urgency under Rule 47 of the Court of Appeal Rules

Holding

The motion was certified as urgent notwithstanding an earlier refusal to certify on the papers, after inter partes submissions were considered

Reasoning

The single judge had initially declined to certify urgency ex parte. On a letter invoking Rule 47(5), the applicant explained that ongoing arbitration proceedings and the risk of losing earned fees, lien over the client file and exposure to tax penalties justified urgency. The respondent addressed merits rather than urgency. Given the peculiar nature of the order and parallel proceedings that could affect it, the judge certified urgency and directed priority listing.

p. 1

Legal principles established

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  • A single judge of the Court of Appeal may, under Rule 47(5), certify a motion as urgent and direct priority listing where the subject order is of a peculiar nature and other ongoing proceedings may impact it

Court orders

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  1. 1.Certified the notice of motion dated 5th August, 2020 as urgent
  2. 2.Directed that the notice of motion be listed for hearing on priority

Authorities

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Legislation

  • Court of Appeal RulesRule 47
  • Court of Appeal RulesRule 47(5)
On appeal from
High Court
HCCC No. 64 of 2019 (OS)
Jurisdiction invoked
Rule 47 of the Court of Appeal Rules (certification of urgency of a notice of motion under a intended appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Oseko & Ouma Advocates LLP v Samuel Gachie Kamiti [2020] KECA 289 (KLR)", Case Analysis (2020). Notice of motion dated 5th August, 2020 (arising from HCCC No. 64 of 2019 (OS)). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/289/eng@2020-10-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.