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Court of AppealAllowedApplication dated 16th May 2023 (Civil Appeal, Nakuru)· [2025] KECA 437 (KLR)

Mirugi Kariuki & Co Advocates v Githua (Civil Appeal (Application) 40 of 2019) [2025] KECA 437 (KLR)

Court of Appeal of Kenya
6 March 2025
JMJ. Mativo
304 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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The Court of Appeal allowed a law firm to stop representing a client who had gone silent, under Rule 23(2) of the Court of Appeal Rules, 2022.

What this practically means

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Executive summary

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By a notice of motion dated 16th May 2023 brought under Rule 23(2) of the Court of Appeal Rules, 2022, the law firm Mirugi Kariuki & Co. Advocates sought leave to cease acting for the respondent in a civil appeal pending before the Court of Appeal at Nakuru. The application was supported by an affidavit sworn by Lawrence Macharia Karanja, an advocate of the applicant firm, in which the firm explained that it had received no instructions from the respondent on how to proceed with the matter despite numerous requests and advice. The motion was unopposed; service of the application and a hearing notice was proved by an affidavit of service sworn on 3rd March 2025 and a notice sent on 27th February 2025. The court, sitting as a single Judge, set out the terms of Rule 23(2), which requires an advocate wishing to come off record in a civil appeal or application to apply by notice of motion before a single Judge, with cessation taking effect upon service on the party of a certified copy of the order. Holding that the procedural requirements were met and the application unopposed, the Judge allowed the motion and directed that the applicant be deemed to have ceased acting for the respondent upon service of a certified copy of the order, with no orders as to costs. This was an interlocutory single-Judge application, not a decision on the merits of the underlying appeal, and no authorities were cited.

Key legal issues

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01

Leave for an advocate to come off record under Rule 23(2) of the Court of Appeal Rules, 2022

Holding

The court granted leave, deeming the advocate to have ceased acting upon service of the certified copy of the order on the respondent.

Reasoning

The applicant law firm moved by notice of motion under Rule 23(2), supported by an affidavit sworn by an advocate of the firm, explaining that it had not received instructions from the respondent despite numerous requests and advice. The application was unopposed and service was proved by an affidavit of service and a hearing notice. The judge applied the rule, which prescribes the motion procedure before a single Judge and the deemed cessation upon service of the certified order, and allowed the motion.

p. 1

Legal principles established

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  • An advocate who desires to cease acting for a party in a civil appeal or application must apply by notice of motion before a single Judge for leave, and is deemed to have ceased to act upon service of the certified order on the party.

Court orders

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  1. 1.The application is allowed
  2. 2.Counsel for the respondent shall be deemed as having ceased to act for the respondent upon serving the respondent with a certified copy of the order

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 23(2)
Jurisdiction invoked
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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Cite this brief

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Cite this brief

Caselaw, "Mirugi Kariuki & Co Advocates v Githua (Civil Appeal (Application) 40 of 2019) [2025] KECA 437 (KLR)", Case Analysis (2025). Application dated 16th May 2023 (Civil Appeal, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/437/eng@2025-03-06

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