Mwaura v MNK (A Minor Suing through her Father and Next friend PKM) (Civil Appeal (Application) E295 of 2024) [2026] KECA 413 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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
#Requirements for leave to cease acting under rule 23(2) of the Court of Appeal Rules, 2022
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.
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.
Legal principles established
#- 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
#- 1.Leave granted to the firm of Wokabi Mathenge & Co. Advocates to cease acting for the appellant in the appeal
- 2.No order as to costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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.
There shall be no order as regards the costs of the application.
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.
Issues in the judgment
#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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.