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ELCAllowedNot stated in the judgment· [2025] KEELC 7223 (KLR)

Wakaba v County Government of Kiambu (Environment and Land Case 30 of 2021) [2025] KEELC 7223 (KLR)

High Court of Kenya
16 October 2025
1,247 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This is a ruling on the Plaintiff's Notice of Motion dated 5th February 2025 seeking leave to change advocates after judgment had been delivered in the suit on 17th October 2022. The intended new advocates, M/s Gaita & Company Advocates, deposed that they had been instructed to take over conduct of the matter from M/s L. Maina Irungu & Company Advocates solely to pursue post-judgment execution, and that prior notice had been given to the outgoing firm without response. The outgoing advocate opposed the application through a Replying Affidavit, asserting unpaid professional fees of Kshs. 1,092,577.50 as at 14th August 2023, continued diligence in the matter including the pending Notice to Show Cause against the judgment-debtor, and a claim of lien over the file. He noted that party-and-party costs had been taxed at Kshs. 728,385 and, under the Advocates (Remuneration) Order, should be increased by fifty percent to fix advocate-client fees. The application was canvassed by written submissions. The court framed a single issue: whether leave should be granted to effect a change of advocates after judgment. Applying Order 9 Rule 9 of the Civil Procedure Rules, and following Samson Okun Orinda and Wilberforce Osodo, the court held that a fee dispute does not bar a client from changing advocates; the advocate's remedy lies in taxation or recovery under the Advocates Act, and the lien cannot fetter the client's access to justice or choice of representation. Finding no evidence that the Plaintiff sought to evade payment, the court allowed the application, permitted the outgoing advocate to retain a lien pending settlement of fees, and ordered each party to bear its own costs.

Key legal issues

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01

Leave to change advocates after judgment under Order 9 Rule 9

Holding

Leave was granted; non-payment of fees by itself does not prevent a change of advocates after judgment.

Reasoning

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.

p. 2
02

Advocate's lien versus constitutional right to counsel of choice

Holding

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).

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 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. 3.Each party to bear its own costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 9 Rule 9
  • Constitution of Kenya, 2010Article 50(2)(g) and (h)
  • Advocates ActNot specified
  • Advocates (Remuneration) OrderNot specified
  • Government Proceedings ActSections 13A and 21

Cases cited (3)

  • Samson Okun Orinda vs Ayub Muthee Igweta & 2 Others
    [2013] eKLR
  • Wilberforce Osodo vs Attorney General & 2 Others
    [2019] eKLR
  • Clement Munyao Kakenyi vs Florence Mwangangi & Co. Advocates
    [2021] eKLR
Jurisdiction invoked
Order 9 Rule 9 of the Civil Procedure Rules (leave of the court for change of advocates after judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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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.