Member of Parliament for Mbalambala Constituency v Abdi & 7 others
The bottom line
#Court allows lawyer to withdraw because client stopped communicating and giving instructions.
What this practically means
#A law firm asked the Supreme Court for permission to stop representing a client who had stopped contacting them and failed to give instructions despite reminders. The court agreed, stating that a client must properly instruct their lawyer and that the court should not force a lawyer to appear for a client who has lost touch. The client was ordered to pay the costs of the application.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether counsel should be granted leave to cease acting for the 6th respondent who has ceased contact and failed to give proper instructions
Key legal issues
#Whether counsel can be granted leave to cease acting when the client has ceased contact and failed to give instructions.
Yes, the court granted leave to cease acting because the client had ceased contact and failed to give proper instructions, and the court should not force counsel to appear under such circumstances.
The court considered that the 6th respondent had ceased contact and failed to give proper instructions despite several reminders, making it impossible for counsel to proceed with the hearing. The court opined that a party must properly instruct counsel for the best legal advice, and failure to do so would stall the matter and not serve the interests of justice. The court also noted that it should not force counsel to appear for a party that has lost touch.
Legal principles established
#- A court should not force a lawyer to represent a client who has lost contact.
- A client must properly and fully instruct their lawyer to receive effective legal representation.
- Failure to give instructions can stall a case and is not in the interests of justice.
- A lawyer may be granted leave to cease acting if the client fails to communicate despite reminders.
- Costs can be awarded against a client who fails to cooperate with their lawyer.
Court orders
#- 1.The Notice of Motion dated 31st January 2022 be and is hereby allowed and M/S Issa & Co Advocates, are hereby granted leave to cease acting for the 6th Respondent.
- 2.The 6th Respondent shall pay the costs thereof.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rules 18(6) and (7) of the Supreme Court Rules, 2020
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
A court should also not force Counsel to appear for a party that has lost touch for whatever reason.
The Notice of Motion dated 31st January 2022 be and is hereby allowed and M/S Issa & Co Advocates, are hereby granted leave to cease acting for the 6th Respondent.
The 6th Respondent shall pay the costs thereof.
Key timeline
#Practical implications
#Withdrawing from unresponsive clients
When a client ceases contact and fails to give instructions, you can apply to court for leave to cease acting. Document all attempts to communicate. The court will grant the order if it finds the client has lost touch, and may award costs against the client. This ruling confirms the court's reluctance to force counsel to appear under such circumstances.
Maintain communication with your lawyer
If you are a party in litigation, you must stay in touch with your lawyer and provide instructions. Failure to do so can lead to your lawyer withdrawing, which may delay your case and result in a costs order against you. Ensure you have a clear communication channel with your legal team.
Stay in touch with your lawyer
If you hire a lawyer, you must respond to their requests for instructions. If you stop communicating, your lawyer can ask the court to stop representing you. The court will likely allow it, and you may have to pay the costs of the application. Keep your lawyer informed to avoid this.
Frequently asked questions
#Can a lawyer withdraw from a case in Kenya if the client stops communicating?+
Yes, a lawyer can apply to court for leave to cease acting if the client stops communicating and fails to give instructions. The court will grant the order if it finds the client has lost touch, as seen in this Supreme Court ruling.
What happens if I don't give instructions to my lawyer in Kenya?+
If you fail to give instructions despite reminders, your lawyer may apply to court to stop representing you. The court may allow the withdrawal and order you to pay costs. This can delay your case and harm your interests.
Can a court force a lawyer to represent a client who has lost contact in Kenya?+
No, the court should not force a lawyer to appear for a client who has lost touch. The court will grant leave to cease acting if the client fails to communicate and give instructions, as established in this case.
What are the costs if my lawyer withdraws in Kenya due to lack of instructions?+
If your lawyer withdraws because you failed to give instructions, the court may order you to pay the costs of the withdrawal application. This is to compensate the lawyer for the time and effort spent.
Cite this brief
#Cite this brief
Caselaw, "Member of Parliament for Mbalambala Constituency v Abdi & 7 others", Case Analysis (2022). Petition (Application) 21 (E023) of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2022/73/eng@2022-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.