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ELCDismissedELC LC NO. E 011 OF 2023· [2026] KEELC 5148 (KLR)

Getecha v Hydro Developers Ltd (Land Case E011 of 2023) [2026] KEELC 5148 (KLR)

Environment and Land Court
4 August 2026
MCMbogo C.G.
2,807 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The plaintiff/applicant moved the court by notice of motion dated 16th February 2026 seeking the disqualification of the firm of Mwaniki Gachoka & Co. Advocates from representing the defendant/respondent. She alleged that the firm had acted for both parties in the conveyance transaction underlying the suit, held the purchase price without remitting it to the vendor, purported to refund it against her wishes, and issued completion and rescission notices against her interests. She contended that the firm's continued acting for the defendant raised a conflict of interest, breached duties of loyalty and confidentiality, and would compromise the fairness of the trial, particularly as the firm would be a witness. The defendant opposed through its finance manager, Mohamed Tahir, who deposed that the application was an afterthought designed to delay a hearing repeatedly adjourned at the plaintiff's instance; that the plaintiff had her own advocates, Wanjiru Mwai & Co. and later Kananu Kinya Mutea, in the transaction; and that no fees were paid to Mwaniki Gachoka in respect of the suit property. Only the defendant filed submissions. The court framed a single issue: whether the firm ought to be disqualified. Relying on Rule 8 of the Advocates (Practice) Rules and the decisions in Dorothy Seyanoi Moschioni v Andrew Stuart and Charles Gitonga Kariuki v Akuisi Farmers Co. Ltd, the court held that acting for a litigant does not per se create a conflict, that the exhibited correspondence showed the plaintiff had separate representation, and that Rule 8 permits advocates to testify on non-contentious formal matters. The application was dismissed with costs in the cause, and further mention set for 3rd November 2026.

Key legal issues

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Whether Mwaniki Gachoka & Co. Advocates should be disqualified from acting for the defendant due to alleged conflict of interest

Holding

The application fails; the plaintiff had her own advocates (Wanjiru Mwai & Co.) in the transaction, so no advocate-client relationship with Mwaniki Gachoka was established, and no real conflict or prejudice was shown

Reasoning

The court applied Rule 8 of the Advocates (Practice) Rules and the tests in Dorothy Seyanoi Moschioni and Charles Gitonga Kariuki. It found the plaintiff had separate representation per the letters exhibited, that an advocate may testify on formal, non-contentious facts, and that the plaintiff failed to show real mischief or prejudice. The defendant's right to counsel of choice prevailed over generalized apprehensions.

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Legal principles established

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  • The fact that an advocate acted for a litigant does not per se create a conflict of interest; the applicant must establish a real possibility of conflict
  • A defendant has the right to choose its legal representation, and Rule 8 of the Advocates (Practice) Rules does not bar advocates from giving evidence on non-contentious matters of fact

Court orders

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  1. 1.The notice of motion dated 16th February 2026 is dismissed
  2. 2.Costs in the cause
  3. 3.Further mention on 3rd November, 2026 for further directions
Jurisdiction invoked
Article 50 of the Constitution, Advocates (Practice) Rules, Section 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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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, "Getecha v Hydro Developers Ltd (Land Case E011 of 2023) [2026] KEELC 5148 (KLR)", Case Analysis (2026). ELC LC NO. E 011 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5148/eng@2026-08-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.