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Court of AppealDismissedNot stated in the judgment· [2025] KECA 1047 (KLR)

John Mathara Mwangi v Consolidated Bank of Kenya Limited & 3 others

Court of Appeal of Kenya
11 June 2025
WKW. Karanja
280 words in judgment
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The bottom line

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Kenya's Court of Appeal dismissed a lawyer's bid to stop representing a client because the lawyer never formally served the application on the client.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal, Nairobi, delivered by W. Karanja, JA., on 11th June 2025, dealing with a fresh application by Harrison Kinyanjui Advocates for leave to cease acting for the appellant. On 10th February 2025, Mumbi Ngugi, JA. had dismissed a similar motion for want of service on the client, but granted leave to file a fresh application on condition that it be served on the appellant. In the new application, counsel deposed that he had repeatedly informed the appellant by email and WhatsApp of the firm's intent to cease acting absent instructions, and annexed one such email. Karanja, JA. held that an email informing the client of intent to cease acting does not amount to evidence of service of the application itself; no affidavit of service was filed, and the applicant therefore failed to comply with the direction given by Mumbi Ngugi, JA. The court reiterated, as a binding practice point, that an application to cease acting must be served on the client with an affidavit of service filed before it can be re-listed for hearing. The motion was accordingly dismissed. No costs order was made and no authorities were cited. The decision affirms the earlier ruling's conditions rather than disturbing it.

Key legal issues

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01

Whether communication of intent to cease acting via email/WhatsApp satisfies the service requirement for a cessation application

Holding

No. Service of the application itself, evidenced by a filed affidavit of service, is required.

Reasoning

The court distinguished between informing the client of an intention to cease acting and formally serving the notice of motion. An email annexed to counsel's affidavit showed notice of intent, but no affidavit of service of the application was filed. This also breached the express rider attached to Mumbi Ngugi, JA.'s earlier direction allowing a fresh application only upon service on the client.

p. 2

Legal principles established

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  • An application by an advocate to cease acting must be served on the client, and an affidavit of service must be filed before the application can be listed for hearing.
  • Copies of emails or WhatsApp messages informing a client of intent to cease acting do not constitute evidence of service of the application itself.

Court orders

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  1. 1.The application to cease acting must be served on the client with an affidavit of service filed before the application can be re-listed for hearing
On appeal from
Court of Appeal of Kenya (Mumbi Ngugi, JA)
Not stated
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal over the conduct of representation before it

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, "John Mathara Mwangi v Consolidated Bank of Kenya Limited & 3 others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1047/eng@2025-06-11

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