Fertility Center Ltd v Bank of India & another (Civil Case E009 of 2024) [2026] KEHC 12922 (KLR) (29 July 2026) (Ruling) Neutral citation: [2026] KEHC 12922 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CIVIL CASE E009 OF 2024 SIFUNA NIXON, J JULY 29, 2026 BETWEEN FERTILITY CENTER LIMITED .............................................................. PLAINTIFF AND BANK OF INDIA ............................................................................. 1ST DEFENDANT ESHIKONI AUCTIONEERS .......................................................... 2ND DEFENDANT RULING 1. This ruling is on the Applicant’s Application dated 15th March 2026. By which the law firm of Aloo Romanus & Company AdvocateS is seeking leave to cease acting for the Plaintiff in this suit. 2. The Application is supported by the Supporting Affidavit of Aloo Romanus Advocate. In which he has deposed that the Plaintiff has ceased to instruct him further in this suit; and that, attempts to reach the Plaintiff have been futile. Further that it has therefore become impossible for him to act for the Plaintiff, since that he no longer has instructions. 3. That it is for these reasons that his law firm should be granted leave to cease acting for the Plaintiff in this suit. The Application was not opposed. 4. I have considered the Application, its grounds, as well as the Supporting Affidavit. In my considered view, the Advocate-Client relationship is a contractual one. One based on consent and volition. Hence, where it has irretrievably broken down, or where the client has withdrawn instructions or failed to give the Advocate further instructions necessary for the case, a court cannot compel the Advocate to continue representing the client. Nor to remain in the relationship. 5. Neither can it compel the Advocate to continue acting for a client it has lost touch with, or who has for whatever reason lost interest in his matter. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12922/eng@2026-07-29 1
page 1 of 2
6. In the end, this Application, has merit and is hereby allowed accordingly. In terms that leave is hereby granted to the law firm of ALOO ROMANUS & COMPANY ADVOCATES, to cease acting for the Plaintiff in this suit. DATED AND DELIVERED AT KISII ON THIS 29TH DAY OF JULY 2026. PROF (DR) NIXON SIFUNA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12922/eng@2026-07-29 2
page 2 of 2