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ELCPartially AllowedNot stated in judgment· [2023] KEELC 936 (KLR)
Okul & another (Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) (Environment & Land Case 26 of 2021) [2023] KEELC 936 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The High Court in Homa Bay allowed a law firm to stop representing its clients in an ongoing case, without penalising anyone on costs.
What this practically means
#Executive summary
#By a notice of motion dated February 10, 2023, the firm of Oguttu Mboya, Ochwal & Partners Advocates, instructed for the plaintiffs Edward O. Okul and Tom Mboya Okul, sought leave to cease acting for the plaintiffs and to be discharged from the record, together with costs of the application. Mr. Mandela Migele, holding brief for Ms W. Ochwal, urged the court to allow the application. Mr. M. Osoro, holding brief for the firm of Odhiambo Oranga and Company Advocates, informed the court that the incoming firm intended to file a notice of change of advocates and that the parties might settle the matter out of court. Counsel also appeared for the 1st and 2nd defendants. Justice G.M.A Ong'ondo considered the application in its entirety and found it meritorious. The court allowed the application in terms of prayers (a) and (b): granting leave and liberty to the firm to cease acting for the plaintiffs and discharging it from acting for them. On costs, where the applicant had sought costs against the plaintiffs, the court directed that there be no orders as to costs. The ruling was dated and delivered at Homa Bay on February 14, 2023. The judgment is a short, unopposed procedural ruling on change of advocates; it cites no authorities or statutes and establishes no novel proposition of law beyond the court's discretion to discharge advocates on a meritorious application.
Key legal issues
#01
Whether the advocate's firm should be granted leave to cease acting for the plaintiffs
Holding
The application was found meritorious and allowed in terms of prayers (a) and (b)
Reasoning
The court considered the unopposed notice of motion seeking leave for the firm of Oguttu Mboya, Ochwal & Partners Advocates to cease acting and to be discharged from the record. Counsel for prospective counsel indicated an intention to file a notice of change of advocates. Finding the application meritorious, the court granted leave and discharged the firm, with no order as to costs.
p. 2
Legal principles established
#- An advocate may, with the court's leave, be discharged from acting for a party where the application is meritorious and unopposed
Court orders
#- 1.Leave and/or liberty granted to the firm of M/s Oguttu Mboya, Ochwal & Partners Advocates to cease acting for the plaintiffs
- 2.The firm of M/s Oguttu Mboya, Ochwal & Partners Advocates discharged from acting for the plaintiffs
- 3.No orders as to costs
- Jurisdiction invoked
- Inherent powers of the court over representation of parties before it; not expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okul & another (Suing as the legal administrator of the Estate of Barack Deya Okul-Deceased) v Wakay (Sued as the legal administrator of Zakayo Wakaya Got - Deceased) & 3 others; M/S Oguttu Mboya, Ochwal & Partiners Advocates (Applicant) (Environment & Land Case 26 of 2021) [2023] KEELC 936 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/936/eng@2023-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.