Agoya v Wandera
The bottom line
#Kenya's Court of Appeal confirmed advocates can easily get permission to stop acting for a client — they just need to show they want out and have told the client.
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 D.K. Nabulindo & Company Advocates should be granted leave to cease acting for the respondent in the appeal
Key legal issues
#Whether leave to cease acting should be granted under Rule 23(2) of the Court of Appeal Rules
Leave granted; the advocate expressed the desire to cease acting, the application was served, the respondent filed a Notice to Act in Person and did not oppose, showing clear intent to part company.
Rule 23(2) is permissive: an advocate need only express the desire to cease acting and bring it to the client's attention. Here the firm lost contact with the respondent and received no instructions. The application was served, the respondent filed a Notice to Act in Person and did not oppose, evidencing mutual intent to part company. The application was therefore merited, with no order as to costs.
Legal principles established
#- Under Rule 23(2), an advocate need only express the desire to cease acting and bring that desire to the client's attention to earn the court's intervention; the rule is permissive.
Court orders
#- 1.The firm of D.K. Nabulindo & Company Advocates is granted leave to cease acting for the respondent in this appeal
- 2.No order as regards the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court at Kajiado
- Kajiado ELC Suit No. 197 of 2017
- Jurisdiction invoked
- Rule 23(2) of the Court of Appeal Rules - 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.
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.
It is thus my finding that the application dated 16th April 2026 is merited, and the firm of D.K. Nabulindo & Company Advocates is hereby granted leave to cease acting for the respondent in this appeal. There shall be no order as regards the costs of the application.
Issues in the judgment
#Caption says application by Appellant's Advocates; body says leave to cease acting for the respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agoya v Wandera", Case Analysis (2026). Civil Application E024 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2063/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.