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Court of AppealAllowedNot stated in the judgment

Mwaura v MNK (A Minor Suing through her Father and Next friend PKM) (Civil Appeal (Application) E295 of 2024) [2026] KECA 413 (KLR)

Court of Appeal
27 February 2026
448 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed advocates can easily withdraw from a case by simply telling the client and serving the application.

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 P. Nyamweya JA on 27th February 2026, in an application by the firm of Wokabi Mathenge & Co. Advocates, by Chamber Summons dated 28th September 2025, for leave to cease acting for the appellant in a pending appeal. The applicant advocate, through an affidavit sworn by Daniel Wokabi Mathenge, stated that it no longer had instructions from the appellant and was unable to continue prosecuting the appeal. Submissions in support were filed, and an affidavit of service attested that the application was served on the appellant on 3rd October 2025; no response was filed. The court heard the application in chambers on 16th February 2026 in the absence of the parties. Applying rule 23(2) of the Court of Appeal Rules, 2022, and adopting the explanation of Nambuye JA in Kenya Tea Agency & Another v. Samuel W'njuguna & 115 Others [2021] eKLR that the rule is permissive and requires only that the advocate express the desire to cease acting and bring that desire to the client's attention, the court found the requirements satisfied. The application was allowed: the firm was granted leave to cease acting for the appellant, with no order as to costs. This is an interlocutory procedural ruling, not a determination of the appeal itself, and it does not disturb any decision below.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant advocate has met the requirements of rule 23(2) of the Court of Appeal Rules, 2022 for leave to cease acting for the appellant

Key legal issues

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01

Requirements for leave to cease acting under rule 23(2) of the Court of Appeal Rules, 2022

Holding

The rule is permissive; an advocate need only express the desire to cease acting and serve the client, and the applicant having evidenced service, the application was merited.

Reasoning

The court applied rule 23(2), which permits an advocate to apply by notice of motion before a single Judge for leave to cease acting, the advocate being deemed to have ceased to act upon service of a certified copy of the order. Adopting Nambuye JA's exposition in Kenya Tea Agency, the court held the rule permissive. Evidence of service on the appellant by affidavit of service established compliance, and no response was filed.

p. 2

Legal principles established

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  • Under rule 23(2), an advocate seeking leave to cease acting must express the desire to cease acting and bring that desire to the client's attention; service of the application on the party satisfies the rule.

Court orders

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  1. 1.Leave granted to the firm of Wokabi Mathenge & Co. Advocates to cease acting for the appellant in the appeal
  2. 2.No order as to costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 23(2) of the Court of Appeal Rules, 2022 - application by notice of motion before a single Judge for leave to cease acting

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It is thus my finding that the application dated 28th September 2025 is merited, and the firm of Wokabi Mathenge & Co. Advocates is hereby granted leave to cease acting for the appellant in this appeal.
p. 2Final orders - leave to cease acting granted
There shall be no order as regards the costs of the application.
p. 2Costs order
The Rule is permissive. All that an advocate needs to do under the above Rule to earn the courts intervention is for such an advocate to express the desire to cease acting and then cause the desire to cease acting to be brought to the attention of his client.
p. 2Test under rule 23(2)

Issues in the judgment

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minor

The judgment does not state the appeal case number or the name of the appellant, identifying the matter only as 'the appeal'; the case title cannot be fully ascertained from the judgment.

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, "Mwaura v MNK (A Minor Suing through her Father and Next friend PKM) (Civil Appeal (Application) E295 of 2024) [2026] KECA 413 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/413/eng@2026-02-27

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