[2016] KEHC 1239 (KLR)
The court determined that the minutes of the meeting convened by the Kenya Human Rights Commission on or about 8th October 2012 are relevant to the issues in dispute between the parties. In the interest of justice and to ensure a fair and informed decision, the court ordered that these minutes be produced within 14...
Source-derived case information.
- Citation
- [2016] KEHC 1239 (KLR)
- Parties
- Appellant: Florence Nyaguthii Murage; Respondent: Rumba Kinuthia & Co Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 141 of 2013
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Production of Documents
- Outcome
- interlocutory order for production of documents
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Advocate Client Disputes, Taxation of Costs, Production of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Nyaguthii Murage
Appellant
Rumba Kinuthia & Co Advocates
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Production of Documents
Legal Issues
- 1 Whether the firm of advocates was entitled to retain part of the compensation as fees.
- 2 Whether the clients are entitled to the money withheld by the firm of advocates.
- 3 Whether the minutes of the Kenya Human Rights Commission meeting are relevant to the determination of the dispute.
Ratio Decidendi
The court determined that the minutes of the meeting convened by the Kenya Human Rights Commission on or about 8th October 2012 are relevant to the issues in dispute between the parties. In the interest of justice and to ensure a fair and informed decision, the court ordered that these minutes be produced within 14 days. The court did not make a final determination on the substantive dispute regarding the entitlement to the withheld funds, instead focusing on the necessity of having all pertinent evidence before it prior to making a conclusive ruling.
Court Disposition
interlocutory order for production of documents
Orders
- The Kenya Human Rights Commission shall avail the minutes of the meeting held on or about 8th October, 2012 at Central Park Hotel within 14 days.
- An order shall be extracted and served upon the Kenya Human Rights Commission for compliance.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC APPLICATION NO. 141 OF 2013
FLORENCE NYAGUTHII MURAGE...............................APPELLANT
VERSUS
RUMBA KINUTHIA & CO ADVOCATES.....................RESPODENT
RULING
This matter involves a dispute between a firm of advocates on one hand and a number of clients on the other. The firm of advocates represented the clients and secured some compensation after which costs were taxed and payment made to the clients. The firm of the advocates retained some of the money and it is the clients claim that they are entitled to the money withheld by the firm of advocates. On the other hand the firm of advocates maintains that they are entitled to the sum of money retained as part of their fees.
There are two applications on record. The first is dated 16th December, 2014 by the clients and the 2nd is dated 8th January 2015 by the firm of advocates. Both applications addressed the two issues that I have stated above.
Following the filing of the two applications the court (Mabeya J) ordered the filing of written submissions. However, the Judge was transferred before the he wrote the ruling. At some stage there was an indication that this matter may be settled. However, counsel subsequently informed the court that no settlement had been reached.
Upon going through the submissions and the record before me, and without prejudice to what the court will ultimately decide, the minutes sought by the firm of advocates relating to a meeting said to have been convened by Kenya Human Rights Commission appear to have a bearing on the final determination of the issues herein. That is not to say that the said minutes hold the key to the rights of parties in this dispute.
Having so observed I deem it necessary to have the said minutes presented to the court so that the court makes an informed decision Accordingly, the said minutes of the meeting held on or about 8th October, 2012 at Central Park Hotel by the Kenya Human Rights Commission shall be availed by the said Commission within 14 days of today. An order shall be extracted and served upon the said Commission for compliance. Thereafter this matter shall be mentioned on 21st November 2016 for further directions.
Orders accordingly.
Dated, signed and delivered at Nairobi this 25th Day of October, 2016.
A. MBOGHOLI MSAGHA
JUDGE