REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL SUIT NO. E264 OF 2024 TRV DEVELOPERS LIMITED………...............................CLIENT/APPLICANT =VERSUS= N.K. MUGO & COMPANYADVOCATES.................................ADVOCATE/RE SPONDENT RULING 1. This matter was filed by a Client against its former Advocate. It was instituted by an Originating Summons dated 4th December 2024. By it, the Client TRV TOWERS LIMITED is seeking an order compelling its former Advocate the Respondent, to deliver to it all its files and documents relating to several matters that the Advocate has handled for it. 2. The Application is based on the ground that the Client has since instructed other Advocates and who have already taken over those matters. That the new Advocates require those files and documents which the Respondent Advocate has refused to hand over. 3. In its filed response, the Advocate has stated that he has released files and documents only in matters where its fees have been paid in full. But that he has retained those in which he has not been paid. Further that he will only release them, once his fees have been paid in full. 4. The single issues for determination in this matter is whether the Advocate/Respondent, should be ordered to release files to a Client the Applicant, even when there is unpaid fees. NAIROBI HC Civil Suit No. E264 OF 2024 1
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Related to this issue, is the question of when may an Advocate exercise a right of lien over his Client’s files and document. Determination 5. The Summons proceeded by way of written submissions. With both parties filing their respective submissions. 6. In making determination, I have read the Originating Summons (together with its Supporting Affidavit), the Respondent’s filed response, as well as the parties’ rival submissions. 7. I hold that an Advocate’s lien on his Client’s files and documents become exercisable after taxation. That is because it is at that time that the quantum of fees shall have been assessed and ascertained; through the taxation, and become due and enforceable. Before the Advocate has filed his Bill of Costs and the same has been taxed, he cannot exercise the lien. This is the scenario in this matter. 8. Consequently, the Summons succeeds, and it is hereby ordered that the Respondent Advocate shall within 10 days from the day of this ruling file his Bill(s) of Costs, and within 7 days thereafter deliver to the Client all the files and documents relating to the subject matters. The delivery of the said files and documents being not later than 17 days from today. DATED and DELIVERED at NAIROBI Virtually on this 8th day of July 2026. PROF (DR) NIXON SIFUNA JUDGE NAIROBI HC Civil Suit No. E264 OF 2024 2
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