Nancy Makokha Baraza v Tribunal Investigating the Conduct of Hon. Deputy Chief Justice & Vice-President of the Supreme Court of the Republic of Kenya
The bottom line
#Lawyers must respect court schedules; personal convenience does not justify adjournments.
What this practically means
#The Supreme Court of Kenya ruled that a lawyer cannot skip a court hearing for a personal retreat, even if organized by the Law Society of Kenya. The court allowed the adjournment but ordered the lawyer to personally pay the costs. It warned that the court's schedule is not based on lawyers' convenience and that further adjournments would not be entertained. This decision emphasizes that lawyers must prioritize court duties over personal events.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for adjournment should be granted
Key legal issues
#Whether an adjournment should be granted where counsel is absent due to a retreat organized by the Law Society of Kenya.
The court allowed the adjournment but condemned counsel's conduct as arrogant and negligent, and ordered that counsel personally pay the costs.
The court noted that counsel had previously urged expeditious disposal of the appeal but then sought an adjournment due to a personal retreat. The court found this conduct disrespectful and negligent, but allowed the adjournment in the interest of justice to the appellant, while imposing personal costs on counsel and warning against further adjournments.
Legal principles established
#- The Supreme Court's schedule is not subject to counsel's convenience.
- Counsel must fully brief another lawyer if unable to attend court.
- Personal retreats do not justify adjournments in public interest cases.
- Disrespectful or negligent conduct by counsel may result in personal cost orders.
- The court may allow adjournments in the interest of justice despite counsel's misconduct.
- No further adjournments will be granted after a final hearing date is set.
Court orders
#- 1.The application for adjournment is hereby allowed.
- 2.This appeal shall be heard at 10.00 a.m. on October 23, 2012.
- 3.This Court shall not entertain further applications for adjournment.
- 4.If the appellant wishes to respond to the Respondent’s submissions then this must be done on or before Monday, October 22, 2012.
- 5.Mrs. Guserwa will personally pay the costs of the adjournment.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Not specified in the judgment
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.
This Court will not allow Counsel to treat it with disrespect or arrogance. This matter is one of public interest and the Court in giving Counsel today’s date for the hearing of the appeal was fully aware of this fact.
This is the Supreme Court of Kenya, the apex Court in this nation. Our schedule shall not be based on the convenience of Counsel. Let this message be heard loud and clear by Counsel who will appear before this Court.
Mrs. Guserwa will personally pay the costs of the adjournment.
Key timeline
#Practical implications
#Respect court schedules or pay costs
Lawyers must prioritize court appearances over personal commitments, including professional retreats. If you cannot attend, ensure a fully briefed colleague argues the matter. Failure to do so may result in personal cost orders and damage your professional reputation before the apex court.
Ensure legal counsel prioritizes your case
When hiring a lawyer, confirm they will personally handle your matter or have a backup plan. This case shows that courts may penalize lawyers who prioritize personal events over court dates, potentially delaying your case. Include clauses in retainer agreements requiring counsel to attend all hearings or arrange substitutes.
Your lawyer's absence can cost them, not you
If your lawyer fails to show up for a hearing due to a personal event, the court may still proceed in your interest but can order your lawyer to pay costs. This protects you from delays caused by your lawyer's negligence. Always ask your lawyer about their contingency plans for court appearances.
Frequently asked questions
#Can a Kenyan lawyer skip court for a Law Society retreat?+
No. The Supreme Court ruled that a lawyer's attendance at a Law Society retreat does not justify missing a court hearing. The court allowed the adjournment but ordered the lawyer to personally pay costs, emphasizing that court schedules take priority over personal events.
What happens if my lawyer fails to appear in court in Kenya?+
The court may still proceed with your case if it is in the public interest. However, the court can order your lawyer to personally pay the costs of the adjournment. This protects you from delays caused by your lawyer's negligence or disrespect.
Can the Supreme Court of Kenya deny an adjournment request?+
Yes. The Supreme Court can deny adjournments, especially if it finds the reason disrespectful or negligent. In this case, the court allowed the adjournment but warned that no further adjournments would be entertained and set a final hearing date.
What are the consequences for a lawyer who disrespects the Supreme Court of Kenya?+
The lawyer may be ordered to personally pay costs of the adjournment. The court may also issue a warning against further disrespect. In serious cases, the court could refer the matter to the Law Society of Kenya for disciplinary action.
Cite this brief
#Cite this brief
Caselaw, "Nancy Makokha Baraza v Tribunal Investigating the Conduct of Hon. Deputy Chief Justice & Vice-President of the Supreme Court of the Republic of Kenya", Case Analysis (2012). Petition 7 of 2012. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2012/3/eng@2012-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.