Estate of Gerishon Kamau Kirima thorough the Administratrix, Anne W Kirima v Advocates & 2 others (Environment and Land Miscellaneous Application E076 of 2025) [2025] KEELC 8263 (KLR)
The bottom line
#The Environment and Land Court dismissed a bid to block taxation of a Kshs 3.3 billion legal fees bill, confirming that a lawyer-client relationship can exist without written instructions.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
Prayers (a) and (b) of the current application are res judicata, having been determined in the ruling of 19th March 2025 in respect of a similar application dated 26th March 2024
The court set out the five conjunctive elements of res judicata from the IEBC v Maina Kiai case and compared the prayers in the earlier application dated 26th March 2024 with those in the present one, finding them identical in substance and already determined by the ruling of 19th March 2025.
Existence of an advocate-client retainer with the estate
The Taxing Master's finding that a retainer existed between the Advocates and the estate was upheld; instructions may be oral or written and implied from conduct, and the Advocates acted for the estate in several suits where the administrators were parties
The court applied the principle that a retainer may be implied from conduct, citing Mereka & Co. Advocates v Zakhem Construction and Ohaga v Akiba Bank. The record showed the Respondents acted for the estate in several suits in which Teresia Wangari Kirima and the Applicant were sued as Administrators, and there was no evidence the co-administrator opposed the Advocates acting.
Conflict of interest by Kaplan & Stratton / Dr. Fred Ojiambo
Allegations of conflict of interest were not proven
The court adopted the definition of conflicting interest in the LSK Code of Standards and the holding in Charles Kariuki v Akusi Farmers Co. Ltd that prior representation does not per se create a conflict; the Applicant bore the burden of proving a real possibility of conflict and did not discharge it.
Legal principles established
#- A retainer need not be in writing but may be implied from the parties' conduct
- All elements of res judicata must be satisfied conjunctively
- The mere fact an advocate previously acted for a litigant does not per se establish a conflict of interest
Court orders
#- 1.The application dated 2nd April 2025 is dismissed with costs
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution; Section 3A of the Civil Procedure Act; Paragraph 11(1) of the Advocates (Remuneration) Order, Cap 16
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Estate of Gerishon Kamau Kirima thorough the Administratrix, Anne W Kirima v Advocates & 2 others (Environment and Land Miscellaneous Application E076 of 2025) [2025] KEELC 8263 (KLR)", Case Analysis (2025). Chamber Summons dated 2nd April 2025 (in reference to taxation in ELCL Miscellaneous Application No. E037 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8263/eng@2025-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.