Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment

Mirugi Kariuki & Company Advocates v Wangui (Civil Application E139 of 2025) [2026] KECA 581 (KLR)

Court of Appeal of Kenya
17 March 2026
JMJ. Mativo
458 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

#

The Court of Appeal allowed a law firm to stop representing a client who stopped giving instructions and paying attention to her own appeal.

What this practically means

#

Executive summary

#
This is a single-Judge ruling of the Court of Appeal at Nakuru (Mativo, JA) on a notice of motion dated 15th December 2025 by the firm of Mirugi Kariuki & Co. Advocates seeking leave to cease acting for the respondent, brought under Rule 23(2) of the Court of Appeal Rules, 2022. The firm complained that since receiving initial instructions the respondent had failed or neglected to furnish further instructions necessary to prosecute an appeal, demonstrated a lack of interest and failed to cooperate, despite written and verbal communication. The respondent filed no reply or submissions, so the application was unopposed. The court set out Rule 23(2)'s procedure - application 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 on the party - and restated the general principles governing such applications: leave is granted where the advocate-client relationship has broken down, instructions are withheld, the client is persistently uncooperative or stops communicating, provided the administration of justice is not prejudiced, since an advocate cannot be compelled to act against their will. Finding the application merited, the Judge granted the firm leave to cease acting for the respondent, who is the appellant in Nakuru COACA No. E016 of 2021, Ruth Mary Wangui v Peter David Kaime & 2 others, and made no orders as to costs.

Key legal issues

#
01

Whether leave should be granted to an advocate to cease acting for a client who has failed to give instructions or cooperate in prosecuting an appeal

Holding

Leave was granted: the client's failure to furnish instructions and lack of interest broke down the advocate-client relationship, making continued representation impractical.

Reasoning

The court noted the unopposed application and restated the general principles: courts allow advocates to cease acting where the relationship has broken down, where instructions are not provided, where the client is uncooperative or stops communicating, provided the administration of justice is not prejudiced, since an advocate cannot be forced to act against their will. On those facts, the application was for allowing.

p. 2

Legal principles established

#
  • Under Rule 23(2) of the Court of Appeal Rules, 2022, an advocate wishing to cease acting for a party in a civil appeal must apply by notice of motion before a single Judge, and is deemed to have ceased acting upon service of a certified copy of the order on the party.
  • A court will allow an advocate to cease acting where the advocate-client relationship has broken down, the client fails to give instructions or is persistently uncooperative, provided the administration of justice is not prejudiced, since an advocate cannot be compelled to act against their will.

Court orders

#
  1. 1.The firm of Mirugi Kariuki & Company Advocates granted leave to cease acting for the respondent (the appellant in Nakuru COACA No. E016 of 2021, Ruth Mary Wangui v Peter David Kaime & 2 others)
  2. 2.No orders as to costs
Jurisdiction invoked
Rule 23(2) of the Court of Appeal Rules, 2022

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mirugi Kariuki & Company Advocates v Wangui (Civil Application E139 of 2025) [2026] KECA 581 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/581/eng@2026-03-17

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