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Court of AppealAllowedCivil (Appeal) Application No. 158 of 2016· [2021] KECA 643 (KLR)

Kenya Tea Development Agency & 1 other v Samuel W’njuguna & 1153 Others

Court of Appeal of Kenya
23 April 2021
RNR. N. Nambuye
752 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal confirmed that advocates can easily get court permission to stop representing clients when the working relationship breaks down.

What this practically means

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Executive summary

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This is a single-Judge interlocutory ruling of the Court of Appeal at Nairobi, delivered by Nambuye, J.A in chambers on 23rd April 2021, in the appeal arising from the judgment of Odunga, J. dated 9th February 2015 in Milimani Civil Case No. 1192 of 2003 consolidated with No. 26 of 2004. Mugambi Imanyara & Company Advocates, on the record for the respondents, moved by Notice of Motion dated 25th June 2020 under Rules 23(2) and 42 of the Court of Appeal Rules, 2010 and section 3A of the Appellate Jurisdiction Act for leave to cease acting for the respondents. The firm relied on an irretrievable breakdown of the relationship, evidenced by a handwritten letter of 9th March 2020 from the 1st respondent, Samuel W'Njuguna, asserting that the firm had never been instructed and demanding handover of the client file; the firm responded that it would file a bill of costs and hand over the file. The application was served via WhatsApp and was unopposed. The Judge held that Rule 23(2) is permissive and requires only an expression of the desire to cease acting, supported by the annexed correspondence showing a hostile environment incompatible with a harmonious client-advocate relationship. The application was allowed and each party directed to bear its own costs. The decision below was not disturbed; the ruling deals only with representation on the appeal.

Key legal issues

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01

Leave for an advocate to cease acting under Rule 23(2) of the Court of Appeal Rules, 2010

Holding

The application was allowed; the reasons for wishing to cease acting were found well founded.

Reasoning

Rule 23(2) permits an advocate who desires to cease acting in a civil appeal or application to apply by notice of motion before a single Judge. The rule is permissive and requires only an expression of desire to cease acting. Here, correspondence exchanged between the firm and the 1st respondent - including a letter asserting the firm was never instructed and requesting handover of the file - evidenced a hostile environment incompatible with a harmonious client-advocate relationship. Service of the application on the respondents by WhatsApp went unopposed by replying affidavit or submissions, so the application was canvassed on the applicant's pleadings and submissions alone.

p. 2

Legal principles established

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  • Rule 23(2) is permissive; an advocate need only express a desire to cease acting, supported by grounds showing the client-advocate relationship has broken down, for a single Judge to grant leave.

Court orders

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  1. 1.The application dated 25th June, 2020 be and is hereby allowed, granting Mugambi Imanyara & Company Advocates leave to cease acting for the respondents
  2. 2.Each party to bear own costs
On appeal from
High Court of Kenya
Milimani Civil Case No. 1192 of 2003 Consolidated with No. 26 of 2004
Jurisdiction invoked
Rules 23(2) and 42 of the Court of Appeal Rules, 2010 and section 3A of the Appellate Jurisdiction Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Tea Development Agency & 1 other v Samuel W’njuguna & 1153 Others", Case Analysis (2021). Civil (Appeal) Application No. 158 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/643/eng@2021-04-23

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