Commissioner of Insurance v Kensilver Express Limited & 192 Others & 192 Others & 192 Others
The bottom line
#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
#Executive summary
#Key legal issues
#Compliance with rule 23(2) of the Court of Appeal Rules 2022 for cessation of representation
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.
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.
Legal principles established
#- 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
#- 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.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
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Gideon Mwangi Kabaru v Craft Silicon Limited[2026] KECA 410 (KLR)27 Feb 2026
Cite this brief
#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.