Waweru v University of Nairobi
The bottom line
#Kenya's Court of Appeal confirmed advocates can quit a case with a judge's permission when communication with their client breaks down.
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 firm of Lutta & Company Advocates should be granted leave to cease acting for the respondent in the appeal
Key legal issues
#When a court will grant an advocate leave to cease acting for a client
Leave is granted where the advocate-client relationship has broken down, instructions are no longer forthcoming, or continued representation would be impractical or unethical, provided the administration of justice is not prejudiced.
The court set out the general principles governing cessation of representation: breakdown of the relationship, failure to give instructions, persistent uncooperativeness or non-communication justify release of counsel. The court balances these against the risk of prejudicing the administration of justice, recognising that an advocate cannot be compelled to act against their will. The application was unopposed and the firm deponed that communication with the respondent had broken down, so leave was granted.
Legal principles established
#- An advocate in a civil appeal may only cease acting for a party upon obtaining leave of a single Judge by notice of motion, and is deemed to have ceased acting upon service of a certified copy of the order on the party.
Court orders
#- 1.Leave granted to the firm of Lutta & Company Advocates to cease acting for the respondent
- 2.No orders as to costs
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
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.
I allow the application and order that the firm of Lutta & Company Advocates be and is hereby granted leave to cease acting for the respondent herein, with no orders as to costs.
The Court’s primary concern is to ensure the administration of justice is not prejudiced while acknowledging that an advocate cannot be compelled to act against their will.
Issues in the judgment
#Header describes the matter as 'serialized as Nairobi COACA No. 875 of 2022', an apparent typographical rendering of the appeal number.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Waweru v University of Nairobi", Case Analysis (2026). Civil Appeal (Application) E875 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1690/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.