Waweru v University of Nairobi (Civil Appeal (Application) E875 of 2022) [2026] KECA 1690 (KLR) (25 September 2026) (Ruling) Neutral citation: [2026] KECA 1690 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E875 OF 2022 AO MUCHELULE, JA SEPTEMBER 25, 2026 BETWEEN THOMAS JOHN KIBE WAWERU ........................................................ APPELLANT AND THE UNIVERSITY OF NAIROBI ..................................................... RESPONDENT RULING Being an application for orders to cease acting for the respondent in the serialized as Nairobi COACA No. 875 of 2022 1. By an application dated 23rd February 2026 brought under Rule 23(2) of the Court of Appeal, Rules 2022, and all other enabling provisions of the law, M/s Lutta & Company Advocates pray for leave to cease acting for the University of Nairobi (the respondent herein). The motion is supported by grounds on its body and a supporting adavit sworn on 23rd February 2026 by Patrick Lutta, SC. 2. The main grounds in support of the application are that the rm of Lutta & Company Advocates, which has conduct of the appeal on behalf of the respondent, is no longer receiving instructions from the respondent. Communication between the rm and the respondent has broken down, resulting in the respondent failing to furnish the rm with the instructions necessary to properly represent the respondent and prosecute the matter. Consequently, the rm no longer wishes to continue acting for the respondent and seeks leave of this Honourable Court to formally cease acting. No written submissions have been led in support of the motion. 3. The respondent has not led a reply to the application or submissions; therefore, the application is unopposed. 4. Rule 23(2) of the Court of Appeal, Rules 2022 requires an advocate who desires to cease acting for any party in a civil appeal or application, to apply by notice of motion before a single Judge for leave https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1690/eng@2026-09-25 1
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to cease acting and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certied copy of the order of the Judge. 5. Generally, a court will allow an advocate’s application to cease acting for a client when the advocateclient relationship has broken down to the point where continued representation is impractical, unethical or amounts to forced servitude or where the client has failed to provide necessary instructions, is persistently uncooperative, or acts in a manner that makes representation unreasonably dicult or where the client has stopped communicating with the advocate, leaving them unable to proceed with the case. The Court’s primary concern is to ensure the administration of justice is not prejudiced while acknowledging that an advocate cannot be compelled to act against their will. 6. I nd that this application is for allowing. Accordingly, I allow the application and order that the rm of Lutta & Company Advocates be and is hereby granted leave to cease acting for the respondent herein, with no orders as to costs. DATED AND DELIVERED AT NAIROBI THIS 25TH DAY OF SEPTEMBER 2026. A.O. MUCHELULE .................................... JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1690/eng@2026-09-25 2
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