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Court of AppealAllowedApplication dated 28th April, 2025· [2026] KECA 1480 (KLR)

Murang’a County Secretary Public Service Board & 3 others v David Ngugi, Janerose Mugure Mutahi, John Mbuthia Wagohi & 347 Others

Court of Appeal of Kenya
24 July 2026
LAL. Achode
281 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a law firm to stop representing Murang'a County officials because the clients stopped responding and paying.

What this practically means

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Executive summary

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This short ruling of the Court of Appeal at Nyeri, delivered by L. Achode, JA, determines a motion dated 28th April 2025 brought by the firm of Mbugua Ng'ang'a Advocates under rule 23(2) of the Court of Appeal Rules, 2022, seeking leave to cease acting as legal representative of the four appellants: the Murang'a County Secretary Public Service Board, the Murang'a County Government, the Murang'a County Chief Officer Finance and the Murang'a County Chief Officer Health & Sanitation. The supporting affidavit of George Ng'ang'a Mbugua deposed that instructions had ceased, that letters sent on 20th March 2025 and 2nd April 2025 seeking instructions went unanswered, and that outstanding legal fees and an unfunded file constrained continued representation. The firm also noted it could not comply with directions given at a case management conference on 24th March 2025 to file written submissions. Although no submissions were filed in opposition, the court held the application could be disposed of without them. The application was allowed with costs, and the ruling was ordered to be served on the appellants and respondents. The ruling does not disturb any decision below; it is interlocutory and procedural, concerning only the advocate's withdrawal from the appeal. It binds no wider principle beyond confirming that loss of instructions, demonstrated by documented attempts to contact the client, justifies leave to cease acting under rule 23(2). Minor internal inconsistencies exist in the dates stated for the application and the delivery date.

Key legal issues

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01

Whether leave should be granted for an advocate to withdraw from representation

Holding

Leave was granted where the advocate demonstrated loss of instructions despite attempts to contact the clients and the file remained unfunded.

Reasoning

The applicant deposed that letters sent on 20th March 2025 and 2nd April 2025 seeking instructions went unanswered, and that outstanding legal fees and an unfunded file constrained continued representation. The advocate was also unable to comply with case management directions to file submissions. The court found the matter could be disposed of without submissions and allowed the application.

p. 2

Legal principles established

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  • An advocate who no longer holds instructions from a client may, on application under rule 23(2) of the Court of Appeal Rules, 2022, be granted leave to cease acting, particularly where attempts to obtain instructions have failed and the file is unfunded.

Court orders

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  1. 1.Leave granted to Mbugua Ng'ang'a Advocates to cease acting as legal representative of the appellants
  2. 2.Costs of the application awarded to the applicant
  3. 3.The ruling to be served upon the appellants and the respondents
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, "Murang’a County Secretary Public Service Board & 3 others v David Ngugi, Janerose Mugure Mutahi, John Mbuthia Wagohi & 347 Others", Case Analysis (2026). Application dated 28th April, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1480/eng@2026-07-24

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