Ngugi v Kamau &123 others (Environment & Land Case E083 of 2021) [2025] KEELC 3372 (KLR)

The court held that Order 9 Rule 9 sets out the procedure for change of advocates after judgment to prevent parties changing counsel behind their advocates' backs to avoid fees, but does not operate as a hostage mechanism for unpaid fees. An advocate's remedy is to tax a bill of costs. The respondent firm had already filed its bill of costs, so no prejudice would flow from allowing the change, while refusing it would prejudice the litigant's constitutional right to counsel of choice under Article 50(2)(g).

Relying on the Samson Orinda and William Audi Odode authorities, the court affirmed that no advocate can impose himself on a client merely because fees are unpaid, and courts will not dictate which advocate may act for a party unless the interests of justice require otherwise. The Applicant's right to representation by Njeri Kuria & Company Advocates prevailed over the respondent firm's fee claim.