Muli v Wamugi & another (Environment & Land Case E026 of 2020) [2024] KEELC 7483 (KLR)
The bottom line
#Kenya's Environment and Land Court ordered an advocate to personally pay Kshs. 6 million after he failed to honour a professional undertaking.
What this practically means
#Executive summary
#Key legal issues
#Whether the professional undertaking of 16th March 2023 to pay Kshs. 6,000,000 should be enforced against the Advocate
The application was unopposed; the undertaking was clear, personal and professional, and was held legal and binding and ordered to be honoured within 30 days, failing which execution would issue.
The court adopted the definition of a professional undertaking from the Encyclopedia of Forms and Precedents and Halsbury's Laws of England, noting the requirements that the undertaking be given personally, in a professional capacity, and be clear in its terms. Clause 9 of the Code of Standards of Professional Practice and Ethical Conduct imposes a duty to honour undertakings, and the Court of Appeal in Waruhiu K'owade & Ng'ang'a Advocates described such undertakings as binding contracts to be observed with a standard of ethics higher than that of the market place. The applicant showed the Advocate issued a dishonoured cheque and had become elusive; the application was unopposed.
Legal principles established
#- A professional undertaking given by an advocate in the course of practice is legal, binding and enforceable summarily by the Court
- An advocate has a professional duty to honour undertakings granted in the course of practice
Court orders
#- 1.An order directing Nyangayo Vincent O. t/a Swan Advocates to honour his irrevocable professional undertaking to Kalwa & Co. Advocates by paying Kshs. 6,000,000 within 30 days from the date of the order
- 2.In default of payment, execution to issue against the Advocate
- 3.Costs of the Application awarded to the Applicant
- Jurisdiction invoked
- Original civil jurisdiction to enforce a professional undertaking given by an advocate in the course of practice
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muli v Wamugi & another (Environment & Land Case E026 of 2020) [2024] KEELC 7483 (KLR)", Case Analysis (2024). Chamber Summons Application dated 2nd September, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7483/eng@2024-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.