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Court of AppealAllowedCivil Application 61 of 2020· [2022] KECA 1090 (KLR)
Mukira & another v Wakf Commissioner of Kenya & another
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is an interlocutory ruling of the Court of Appeal at Mombasa (Lessit, JA) on an application by the firm of Kanyi J. & Company Advocates for leave to cease acting for the 1st and 2nd appellants in an appeal lodged against the judgment of Munyao Sila, J. delivered on 16 July 2020 in ELC 276 of 2018. The firm filed a Notice of Appeal on instructions but received no further instructions; it had already been granted leave to cease acting in the superior court on 3 February 2021. When the Deputy Registrar notified the firm that an application to deem the Notice of Appeal as duly served was listed for hearing, the firm filed this application under Rules 1(2) and 23(2) of the Court of Appeal Rules. The appellants, though served with the application and hearing notice, did not appear or oppose. Counsel for the advocate relied on the decision in Kenya Tea Agency & another v Samuel W'njuguna & 115 others, where Nambuye, JA held that the rule is permissive and requires only that the advocate express and communicate the desire to cease acting. The court found the advocate/client relationship untenable, noted this was the second uncontested cease-acting application, and allowed the application, granting leave to cease acting, with no order as to costs since the application was undefended.
Key legal issues
#01
Leave for an advocate to cease acting on appeal
Holding
Leave granted where the advocate demonstrates the advocate/client relationship has broken down and the client was served but did not contest the application.
Reasoning
The advocate deposed that no further instructions were received after filing the Notice of Appeal, having already ceased acting in the superior court. The application and hearing notice were served on the appellants, who did not appear or oppose. The court found the advocate/client relationship untenable and, applying Nambuye, JA's statement in Kenya Tea Agency, found the application well merited.
p. 2
Legal principles established
#- An advocate who expresses the desire to cease acting and brings that desire to the client's attention earns the court's intervention under the permissive rule.
Court orders
#- 1.Prayer 1 of the application dated February 3, 2022 allowed as prayed
- 2.The firm of Kanyi J. & Company Advocates granted leave to cease acting for the respondents in this application
- 3.No order as to costs as the application was not defended
- On appeal from
- Environment and Land Court
- ELC 276 of 2018
- Jurisdiction invoked
- Rule 1(2) and Rule 23(2) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mukira & another v Wakf Commissioner of Kenya & another", Case Analysis (2022). Civil Application 61 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1090/eng@2022-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.