Wakaba v County Government of Kiambu (Environment and Land Case 30 of 2021) [2025] KEELC 7223 (KLR)
The bottom line
#The High Court confirmed that unpaid legal fees don't stop you from changing lawyers, even after judgment — the lawyer must pursue fees separately.
What this practically means
#Executive summary
#Key legal issues
#Leave to change advocates after judgment under Order 9 Rule 9
Leave was granted; non-payment of fees by itself does not prevent a change of advocates after judgment.
Order 9 Rule 9 requires a court order for any change of advocates after judgment, to protect the outgoing advocate's rights as to costs. The Respondent's objection rested on unpaid fees and a claimed lien over the file. The court held that fee disputes are resolved through taxation or recovery proceedings under the Advocates Act, not by blocking a change. The lien is legitimate but cannot fetter the client's choice of counsel or access to justice, and there was no evidence the Plaintiff sought to evade payment.
Advocate's lien versus constitutional right to counsel of choice
The outgoing advocate's lien is preserved but does not override the client's right to representation of choice under Article 50(2)(g) and (h).
Relying on Samson Okun Orinda and Wilberforce Osodo, the court affirmed that no advocate can impose himself on a client for non-payment of fees, as the client retains a constitutional right to counsel of choice. The balance struck was to allow the change while preserving the outgoing advocate's right to pursue fees through taxation or other lawful means, and to permit retention of a lien over the file pending settlement.
Legal principles established
#- A dispute over unpaid fees does not bar a client from changing advocates; the advocate's recourse is taxation or recovery under the Advocates Act.
- An advocate's lien over the file cannot fetter a client's access to justice or choice of representation.
Court orders
#- 1.Leave granted to the Plaintiff to effect a change of advocates from M/s L. Maina Irungu & Company Advocates to M/s Gaita & Company Advocates
- 2.The outgoing advocate is at liberty to retain a lien over the file pending settlement of his fees, and/or to pursue recovery through taxation or any other lawful means
- 3.Each party to bear its own costs of the application
- Jurisdiction invoked
- Order 9 Rule 9 of the Civil Procedure Rules (leave of the court for change of advocates after judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Patel & 2 others v Gloria Nakova & Associates Advocates; Gitau (Interested Party) (Environment and Land Case E527 of 2025) [2026] KEELC 2636 (KLR)[2026] KEELC 2636 (KLR)6 May 2026applied
Cite this brief
#Cite this brief
Caselaw, "Wakaba v County Government of Kiambu (Environment and Land Case 30 of 2021) [2025] KEELC 7223 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7223/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.