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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment· [2025] KECA 94 (KLR)

Commissioner of Insurance v Kensilver Express Limited & 192 Others & 192 Others & 192 Others

Court of Appeal
24 January 2025
454 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 advocates can exit a case by notice of motion under rule 23(2), provided they prove they served the application and hearing notice on the client.

What this practically means

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Executive summary

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This is a single-Judge ruling of the Court of Appeal at Nairobi, delivered by Mumbi Ngugi, JA, on 24th January 2025, in an application dated 2nd October 2024 by the firm of Millimo, Muthomi & Co Advocates seeking leave to cease acting for the 7th respondent, United Insurance Company Limited, in an appeal. The firm was instructed by the Kenya Reinsurance Corporation Limited to represent the Statutory Manager of United Insurance Company Limited, but following a High Court liquidation order dated 12th July 2024 in Milimani Commercial and Tax Division Winding Up Cause No. 22 of 2006, under which Mr. Anantroy Kamal Bhatt was appointed liquidator, the firm averred that it had received no instructions from the liquidator and could not continue acting. The application, brought under sections 3A and 3B of the Appellate Jurisdiction Act and rule 23(2) of the Court of Appeal Rules 2022, was unopposed. Two affidavits of service proved service of the application and hearing notice on the 7th respondent. Applying rule 23(2) and following Kenya Tea Development Agency & Theta Tea Factory Company Limited v Samuel W'njuguna & 1153 others, the Judge held that the applicant had complied with the rule's requirements and allowed the application with no order as to costs. This decision does not disturb any decision below; it is procedural only.

Key legal issues

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01

Compliance with rule 23(2) of the Court of Appeal Rules 2022 for cessation of representation

Holding

The application complied with rule 23(2); the applicant evidenced service of both the application and the hearing notice on the party, which is what the rule requires, so leave to cease acting was granted.

Reasoning

Rule 23(2) permits an advocate who desires to cease acting for a party in a civil appeal or application to apply by notice of motion before a single Judge, with the advocate deemed to have ceased acting upon service of a certified copy of the order. Following Kenya Tea Development Agency & Theta Tea Factory Company Limited v Samuel W'njuguna, evidence of service satisfies the rule. Service was proved by two affidavits of service; there was no response. The application was accordingly merited, allowed with no order as to costs.

p. 2

Legal principles established

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  • An advocate seeking leave to cease acting under rule 23(2) must apply by notice of motion before a single Judge and is deemed to have ceased acting upon service on the party of a certified copy of the Judge's order.

Court orders

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  1. 1.Leave granted to the firm of Millimo, Muthomi & Co Advocates to cease acting for the 7th respondent, United Insurance Company Limited, in the appeal
  2. 2.No order as to costs
On appeal from
High Court
Winding Up Cause No. 22 of 2006, Milimani Commercial and Tax Division
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rule 23(2) of the Court of Appeal Rules 2022

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, "Commissioner of Insurance v Kensilver Express Limited & 192 Others & 192 Others & 192 Others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/94/eng@2025-01-24

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