Mwangangi & Co. Advocates v Kakenyi
The bottom line
#A Kenyan court confirmed that advocates need a judge's permission before appealing decisions on disputed legal fees, and granted that permission here.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal to the Court of Appeal should be granted under Rule 11(3) of the Advocates (Remuneration) Order
Leave granted; the application was brought without undue delay, was unopposed, and was supported by a draft Memorandum of Appeal.
Rule 11(3) requires leave of the Judge before an appeal lies against a decision on an objection. The court exercised its discretion in favour of the applicant because the application was made promptly, the respondent filed no response or submissions, and a draft Memorandum of Appeal enumerating the grounds of appeal was annexed. The court also associated itself with the Court of Appeal's decision in Najib Balala v Githere on the leave requirement.
Legal principles established
#- An appeal to the Court of Appeal from a Judge's determination of an objection under the Advocates (Remuneration) Order lies only with leave of the Judge under Rule 11(3).
Court orders
#- 1.Leave granted to the Applicant to file an Appeal to the Court of Appeal against the Ruling delivered at Machakos on July 25, 2022
- 2.No order as to costs
- Jurisdiction invoked
- Rule 11(3) of the Advocates (Remuneration) Order; Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwangangi & Co. Advocates v Kakenyi", Case Analysis (2023). Environment and Land Miscellaneous Application E004 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16328/eng@2023-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.