[2018] KEELRC 2082 (KLR)
The court found that the applicant was entitled to change advocates, and that the procedural requirements for such change had been met. The Notice of Change of Advocates was deemed duly filed. The court further held that any claims for unpaid professional fees by the outgoing advocates should be addressed through...
Source-derived case information.
- Citation
- [2018] KEELRC 2082 (KLR)
- Parties
- Plaintiff: Daniel Githinji Waiganjo; Defendant: Kenpipe Sacco
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1088 of 2011
- Procedural Posture
- Cause / Ruling on Notice of Motion for Change of Advocates
- Outcome
- Application for change of advocates granted.
- Judges
- MN Nduma
- Legal Topics
- Change of Advocates, Professional Fees, Advocate Client Bill of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Githinji Waiganjo
Plaintiff
Kenpipe Sacco
Defendant
Procedural Posture
Cause / Ruling on Notice of Motion for Change of Advocates
Legal Issues
- 1 Whether the plaintiff/applicant should be allowed to change advocates from M/s Eliphas Ombati & Co. Advocates to P. Kiiru & Company Advocates.
- 2 Whether the Notice of Change of Advocates dated 1st February, 2017 should be deemed duly filed.
- 3 Whether the former advocates are entitled to file an Advocate Client Bill of Costs for taxation.
Ratio Decidendi
The court found that the applicant was entitled to change advocates, and that the procedural requirements for such change had been met. The Notice of Change of Advocates was deemed duly filed. The court further held that any claims for unpaid professional fees by the outgoing advocates should be addressed through the filing and taxation of an Advocate Client Bill of Costs before the Deputy Registrar. The costs of the application were ordered to abide the outcome of the appeal, ensuring that no party was prejudiced by the change of advocates or the delay occasioned in the matter, which was beyond the control of the parties.
Court Disposition
Application for change of advocates granted.
Orders
- The firm of P. Kiiru & Company Advocates to take over the conduct of this matter on behalf of the Plaintiff/Applicant from the firm of M/s Eliphas Ombati & Co. Advocates.
- The Notice of Change of Advocates dated 1st February, 2017 is deemed to be duly filed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1088 OF 2011
(Before Hon. Justice Mathews N. Nduma)
DANIEL GITHINJI WAIGANJO......................PLAINTIFF
=VERSUS=
KENPIPE SACCO...........................................DEFENDANT
R U L I N G
1. Upon considering the papers filed of record and the submissions by the parties, and upon taking into account the substantial delay occasioned in this matter for reasons beyond the control of the parties, the Notice of Motion Application dated 6th February, 2017 and filed on 6th February, 2017 is granted in the following terms:-
a. The firm of P. Kiiru & Company Advocates to take over the conduct of this matter on behalf of the Plaintiff/Applicant from the firm of M/s Eliphas Ombati & Co. Advocates.
b. That the Notice of Change of Advocates dated 1st February, 2017 is deemed to be duly filed.
c. The firm of M/s. Eliphas Ombati & Co. Advocates, if they have any claims of unpaid professional fees do file the Advocate Client Bill of Costs for taxation before the Deputy Registrar of the Court.
d. The costs of this application to abide the outcome of the appeal.
Ruling Dated, Signed and delivered this 18th day of April, 2018
Mathews N. Nduma
Judge
Appearances:-
Mr. Kamau for Claimant/Applicant
M/s. Lwila for Respondent
Mr. Eliphas Ombati (Former Advocate for the Claimant)
Anne Njung’e – Court Clerk