County Government Workers Union v County Secretary County Government of Trans-Nzoia & 2 others (Judicial Review 4 of 2019) [2025] KEELRC 205 (KLR)
The bottom line
#A Kenyan court allowed retirees to switch lawyers after winning their case, but only if the outgoing lawyer's fees were first secured.
What this practically means
#Executive summary
#Key legal issues
#Change of advocates after judgment under Order 9 Rule 9
Leave may be granted by the court upon application; it is intended to protect the outgoing advocate and prevent disruptive changes of representation after judgment.
The court traced the mischief behind Order 9 Rule 9: preventing an advocate being shortchanged after rendering services once judgment has been entered. The application satisfied the rule's threshold, and the outgoing counsel did not oppose the change provided her agreed fees were secured before the change took effect.
Existence and interpretation of the fee agreement under section 45 of the Advocates Act
There was a valid fee agreement; it is ambiguous, and 'amount recovered' is interpreted as the decretal sum.
The instruction note dated 2nd January 2017 expressly agreed fees of one third 'as shall be arrived from the amount recovered'. The court found this unambiguous enough to constitute a section 45(1) agreement, but ambiguous as to its quantum. It held that counsel recovered the decretal sum through the judgment, with collection only partly done due to the Respondent's lack of funds.
Whether the court should fix the fees or order taxation
The court did not fix the fees; it granted leave conditionally on the fees being secured by undertaking, direct debit or bank guarantee.
Rather than adjudicate the fee dispute (which the incoming counsel said falls to the taxing officer), the court secured the outgoing advocate's position by requiring security as a condition of leave, balancing the client's right to change representation with the advocate's protection.
Legal principles established
#- A party cannot change advocates after judgment without the court's leave, primarily to protect the outgoing advocate's interests
- An agreement for fees under section 45 of the Advocates Act is a contract whose terms must be clear and unambiguous
- In the context of the instruction note, 'amount recovered' means the decretal sum, not only amounts actually collected
Court orders
#- 1.Leave granted to the firm of M/s Jeji & Associates Advocates to come on record for the Claimants in place of M/s Nyamwega & Company Advocates in terms of prayer (ii) of the application dated 14th February 2024, provided the outgoing advocate's fees are secured by a professional undertaking by the incoming counsel, a direct debit by the County Government of Trans Nzoia paid directly to the outgoing counsel, or a bank guarantee
- 2.Each party shall bear its own costs
- Jurisdiction invoked
- Order 9 Rule 9 of the Civil Procedure Rules, 2010 (leave of court for change of advocates after judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government Workers Union v County Secretary County Government of Trans-Nzoia & 2 others (Judicial Review 4 of 2019) [2025] KEELRC 205 (KLR)", Case Analysis (2025). Ruling on the application dated 14th February 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/205/eng@2025-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.