Kimani v Kungu (Civil Appeal (Application) E140 of 2022) [2025] KECA 2018 (KLR)

Kimani v Kungu (Civil Appeal (Application) E140 of 2022) [2025] KECA 2018 (KLR) (28 November 2025) (Ruling) Neutral citation: [2025] KECA 2018 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E140 OF 2022 M NGUGI, JA NOVEMBER 28, 2025 BETWEEN PETER MUNYUA KIMANI ................................................................... APPLICANT AND SERAH WANJIRU KUNGU ............................................................... RESPONDENT (Being an application to cease acting) RULING 1. In the application dated 11th August 2025, the firm of Wokabi Mathenge & Co. Advocates (the applicant) which filed the appeal on behalf of the appellant, seeks leave to cease acting for the appellant. The application is brought under Order 9 rule 9 of the Civil Procedure Rules 2010 (CPR), Rule 23(2) of this Court’s Rules 2022 and sections 3A and 3B of the Appellate Jurisdiction Act. The application is supported by an affidavit sworn by Daniel Wokabi Mathenge on 11th August 2025. He avers that the appellant withdrew instructions from his firm, and he no longer receives instructions from him. The application is not opposed. 2. I note that prior to the application to cease acting, a Notice of Change of Advocates dated 9th September 2024 had been filed, indicating that the appellant had appointed the firm of Maina Ngaruiya & Co. Advocates to act for him in place of the firm of Wokabi, Mathenge & Co. Advocates. Filed with the Notice of Change of Advocates is a consent dated 9th September 2024 in which the two firms agree that the firm of Maina Ngaruiya & Co Advocates can come on record in place of the firm of Wokabi Mathenge & Co Advocates. 3. As there is clear intent on the part of the appellant and his erstwhile counsel to part company, the two firms of advocates having filed a consent to indicate the change, it is not clear why the application dated 11th August 2025, which is clearly superfluous in the circumstances, was filed. For what it’s worth, the application is nonetheless allowed, with no order as to costs. https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2018/eng@2025-11-28 1

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