Martin Mwangi v Elias Ngugi Nganga, Advocate
The bottom line
#A Kenyan court refused to strike out an advocate's bill of costs because no fee agreement signed by the client existed, sending the dispute to taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether an oral/correspondence agreement on fees satisfies section 45 of the Advocates Act
No - an agreement valid and binding under section 45 must be in writing and signed by the client; the letters here amounted at most to an offer with conditions
The court held the correspondence showing fees of Ksh.150,000/- was at most an offer since there was no written agreement signed by the client as the Act requires. Further conditions (payment clear of deductions by 25th July 2006) and ambiguity over what constituted deductions meant there was no unequivocal agreement. The proper forum to determine fees, disbursements and deductions is taxation before the taxing master.
Applicability of Njogu & Company Advocates v National Bank of Kenya Ltd
Distinguished - that case involved a signed written agreement reducing fees contrary to the Remuneration Order; here the existence of an agreement itself was in dispute
The court respectfully agreed with Warsame J's holding but found the facts different: in Njogu the parties had entered a written agreement reducing fees below the Advocates Remuneration Order and the advocate then challenged it as a nullity. Here no signed written agreement existed; the dispute was whether an agreement had been concluded at all, turning on offers and conditions in correspondence.
Legal principles established
#- For a fee agreement to be valid and binding under section 45 of the Advocates Act it must be in writing and signed by the client; correspondence raising conditions and ambiguities does not amount to an unequivocal agreement.
Court orders
#- 1.Application disallowed and dismissed with costs to the advocate
- 2.Bill of costs to proceed to taxation
- Jurisdiction invoked
- Section 45 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Martin Mwangi v Elias Ngugi Nganga, Advocate", Case Analysis (2010). Notice of motion dated 6th July 2009. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.