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Supreme CourtAllowedPetition (Application) E033 of 2023

Sehmi & another v Tarabana Company Limited & 5 others; Mbugua Ng’ang’a & Co. Advocates (Applicant)

Supreme Court of Kenya
12 April 2024
Smokin Charles WanjalaS. C. Wanjala
463 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Court allows lawyer to quit case when client stops communicating.

What this practically means

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A law firm asked the Supreme Court for permission to stop representing a company that had stopped responding to them. The court agreed, saying it cannot force a lawyer to keep working for a client who has lost interest or stopped giving instructions. The company must pay the legal costs of this application.

Executive summary

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This is a ruling by a single judge of the Supreme Court of Kenya (Justice S. C. Wanjala) on an application by the firm of Mbugua Ng'ang'a & Company Advocates seeking leave to cease acting for Rospatech Limited, the 2nd respondent in the main petition. The application was brought under Rule 18(6) and (7) of the Supreme Court Rules, 2020. The advocate deponed that his client had ceased contact and failed to give proper instructions despite several reminders, rendering him unable to proceed with the Petition. The application was served on all parties and was uncontested. The court, citing Section 23(2)(g) of the Supreme Court Act, 2011 which grants a single judge jurisdiction to determine such applications, held that a court cannot compel counsel to continue acting for a party who has lost touch or interest in the matter. The court allowed the motion, granted the firm leave to cease acting for the 2nd respondent, and ordered costs to be borne by the 2nd respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the firm of Mbugua Ng'ang'a & Company Advocates should be granted leave to cease acting for Rospatech Limited.

Key legal issues

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01

Whether an advocate can be compelled to continue acting for a client who has ceased contact and failed to give instructions.

Holding

An advocate cannot be compelled to continue acting for a client who has lost touch or interest in the matter.

Reasoning

The court considered that the applicant's client, the 2nd respondent, had ceased contact and failed to give proper instructions despite several reminders, leaving the advocate unable to proceed with the Petition. The court held that it cannot compel counsel to continue acting under such circumstances, as it would be unjust to force an advocate to represent a party who is unresponsive.

p. 2

Legal principles established

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  • A court cannot compel an advocate to continue acting for a client who has lost touch or interest.
  • An advocate may cease acting if a client fails to give instructions despite reminders.
  • A single judge of the Supreme Court has jurisdiction to hear such applications under Section 23(2)(g) of the Supreme Court Act.
  • The application for leave to cease acting must be served on all parties and may be uncontested.
  • Costs of the application to cease acting are borne by the unresponsive client.

Court orders

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  1. 1.The Notice of Motion dated 31st January 2024, and lodged on 8th February 2024, is hereby allowed.
  2. 2.Consequently, the Firm of M/s Mbugua Ng'ang'a & Co. Advocates, is hereby granted leave to cease acting for the 2nd respondent.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority

Wrote the judgment

Jurisdiction invoked
Section 23(2)(g) of the Supreme Court Act, 2011

Quotable passages

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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 of law cannot compel counsel to continue acting for a party, who has lost touch or interest in the matter for whatever reason.
p. 2 Advocate-client relationship
The Notice of Motion dated 31st January 2024, and lodged on 8th February 2024, is hereby allowed.
p. 2 Final orders
Consequently, the Firm of M/s Mbugua Ng'ang'a & Co. Advocates, is hereby granted leave to cease acting for the 2nd respondent;
p. 2 Final orders
The costs of this application shall be borne by the 2nd respondent.
p. 2 Costs order

Key timeline

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2024-01-31
Notice of Motion dated seeking leave to cease acting.
2024-02-08
Motion lodged in the Supreme Court.
2024
Ruling delivered allowing the motion.

Practical implications

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For lawyers

Procedure to cease acting

When a client stops communicating or giving instructions, you can apply to the court for leave to cease acting. File a notice of motion under the relevant rules, serve all parties, and if uncontested, the court will likely grant it. Ensure you document all attempts to contact the client.

For businesses

Maintain contact with your lawyer

If you are a party in a court case, you must stay in touch with your lawyer and provide instructions. Failing to do so can lead to your lawyer quitting the case, leaving you unrepresented. You may also be ordered to pay the costs of their application to withdraw.

For individuals

Don't ignore your legal matter

If you have a case in court and stop responding to your lawyer, they can ask the court to stop representing you. This leaves you without legal help and you may have to pay their costs. Always keep your lawyer updated and follow their requests for instructions.

Frequently asked questions

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Can a lawyer quit a case in Kenya if the client stops communicating?+

Yes. In Rospatech v IEBC, the Supreme Court ruled that a lawyer cannot be forced to continue acting for a client who has lost touch or stopped giving instructions. The lawyer must apply to the court for permission to cease acting.

What happens if I ignore my lawyer in Kenya?+

Your lawyer may apply to the court to stop representing you. The court will likely grant the application, and you may be ordered to pay the legal costs. You will then be unrepresented in your case.

How does a lawyer withdraw from a case in Kenya?+

The lawyer files a notice of motion in court, stating that the client has stopped communicating or giving instructions. The motion is served on all parties. If uncontested, the court will grant leave to cease acting, as happened in Rospatech v IEBC.

Can the Supreme Court in Kenya force a lawyer to continue representing a client?+

No. The Supreme Court in Rospatech v IEBC held that it cannot compel counsel to continue acting for a party who has lost touch or interest. The lawyer can be allowed to withdraw if the client is unresponsive.

Later judgments citing this (5)

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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, "Sehmi & another v Tarabana Company Limited & 5 others; Mbugua Ng’ang’a & Co. Advocates (Applicant)", Case Analysis (2024). Petition (Application) E033 of 2023. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2024/9/eng@2024-04-12

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