[2025] KEHC 16993 (KLR)
The court allowed the substitution of advocates for the applicant as the previous advocates had died and there was no objection to the application. The court further directed that the bill of costs dated 2/10/2019 be placed before the current Deputy Registrar for re-taxation, as the prayer for a different Deputy...
Source-derived case information.
- Citation
- [2025] KEHC 16993 (KLR)
- Parties
- Applicant: David Iueni Jenkins; Respondent: Disciplinary Committee Law Society of Kenya 1989; Interested Party: Ambrose Rachier; Interested Party: Rachier & Amolo Advocates; Interested Party: Hardew Sigh Pali; Interested Party: Law Society Of Kenya; Interested Party: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 639 of 2006
- Procedural Posture
- Judicial Review Application / Ruling on Application for Substitution of Advocates and Directions on Bill of Costs
- Outcome
- Application for substitution of advocates allowed; directions given for taxation of costs.
- Judges
- RE Aburili
- Legal Topics
- Substitution of Advocates, Taxation of Costs, Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Iueni Jenkins
Applicant
Disciplinary Committee Law Society of Kenya 1989
Respondent
Ambrose Rachier
Interested Party
Rachier & Amolo Advocates
Interested Party
Hardew Sigh Pali
Interested Party
Law Society Of Kenya
Interested Party
Attorney General
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Application for Substitution of Advocates and Directions on Bill of Costs
Legal Issues
- 1 Whether the applicant's advocates may be substituted due to the death of previous advocates.
- 2 Whether the bill of costs dated 2/10/2019 should be placed before a different Deputy Registrar for taxation.
Ratio Decidendi
The court allowed the substitution of advocates for the applicant as the previous advocates had died and there was no objection to the application. The court further directed that the bill of costs dated 2/10/2019 be placed before the current Deputy Registrar for re-taxation, as the prayer for a different Deputy Registrar was overtaken by events due to staff changes. The court issued directions for mention before the Deputy Registrar to fix a date for taxation.
Court Disposition
Application for substitution of advocates allowed; directions given for taxation of costs.
Orders
- The firm of DRO Ngala & Partners is substituted as advocates for the applicant in place of Kimanga & Co. Advocates.
- The file is taken to the Deputy Registrar to fix a date for re-taxation of the bill of costs dated 2/10/2019.
Full Case Text
Judgment text and source record
31 paragraphs
Jenkins v Disciplinary Committee Law Society of Kenya 1989; Rachier & 4 others (Interested Parties) (Judicial Review Application 639 of 2006) [2025] KEHC 16993 (KLR) (Judicial Review) (11 February 2025) (Ruling)
Neutral citation: [2025] KEHC 16993 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application 639 of 2006
RE Aburili, J
February 11, 2025
Between
David Iueni Jenkins
Applicant
and
Disciplinary Committee Law Society of Kenya 1989
Respondent
and
Ambrose Rachier
Interested Party
Rachier & Amolo Advocates
Interested Party
Hardew Sigh Pali
Interested Party
Law Society Of Kenya
Interested Party
Attorney General
Interested Party
Ruling
1. The application dated 4/9/2024 seeks for substitution of advocates for the applicant on the ground that the advocates sought to be substituted have since died. There is no objection to the said application which was duly served on the Respondents.
2. I allow the application and order that the firm of DRO Ngala & Partners shall henceforth be on record in the place of Kimanga & Co. Advocates.
3. On the prayer for the bill of costs of 2/10/2019 to be placed before a different Deputy Registrar of the Court Division for taxation, it is overtaken by events as there is now only one Deputy Registrar in the Division and she was not there in 2019. The file is hereby taken to the Deputy Registrar to fix a date for re-taxation of the bill of costs dated 2/10/2019.
4. Mention before the Deputy Registrar today 11/2/2025 to fix a date for taxation. I so direct.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE