Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others (Environment & Land Case E013 of 2024) [2025] KEELC 3881 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether Rugaita & Company Advocates is conflicted having previously acted for the Applicant
No conflict established; the Applicant provided no evidence that confidential information relevant to the present suit was acquired or would be used against her
The court accepted the firm previously acted for the Applicant in a succession matter, but held the key question is whether knowledge gained is relevant and capable of prejudicing her. Rule 96 of the LSK Code was cited, but the Applicant offered no concrete evidence of confidential information or risk of its misuse. Reliance was placed on British American Investment Co (K) Ltd v Njomaitha Investments Ltd on burden of proof.
Whether the Respondents' right to counsel of choice outweighs the Applicant's concerns
Yes; the constitutional right to representation of choice under Article 50(2)(g) is not to be interfered with absent substantiated evidence of breach of confidentiality and real prejudice
The court adopted the Delphis Bank v Channan Singh Chatthe test: disqualification is a drastic interference with a constitutional right and requires proof of real mischief or real prejudice that will in all human probability result. Since the Applicant proved neither confidential information nor prejudice, the firm's continued representation of the 1st and 3rd Defendants could not be stopped.
Legal principles established
#- The burden of proof lies with the party alleging conflict of interest, who must furnish sufficient evidence of prejudice; mere suspicion or apprehension is insufficient to disqualify an advocate
- The right to legal representation of one's choice under Article 50(2)(g) can only be limited where conflict of interest and real prejudice are proven
Court orders
#- 1.The Notice of Motion dated 24th September 2024 is dismissed with costs to the 1st and 3rd Defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over interlocutory application in a suit before it
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others (Environment & Land Case E013 of 2024) [2025] KEELC 3881 (KLR)", Case Analysis (2025). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3881/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.