[2025] KEHC 3256 (KLR)

[2025] KEHC 3256 (KLR)

The court found that the application for substitution of advocates was unopposed and justified due to the death of the previous advocates. The court allowed the substitution to ensure the applicant is properly represented. Regarding the bill of costs, the court noted that the request to have it placed before a...

Source-derived case information.

Citation
[2025] KEHC 3256 (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 bill of costs.
Judges
RE Aburili
Legal Topics
Substitution of Advocates, Taxation of Costs, Court Procedure
Source Language
en
Civil Procedure Substitution of Advocates Taxation of Costs Court Procedure

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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. 1 Whether the applicant's advocates should be substituted due to the death of previous advocates.
  2. 2 Whether the bill of costs dated 2/10/2019 should be placed before a different Deputy Registrar for taxation.

Ratio Decidendi

The court found that the application for substitution of advocates was unopposed and justified due to the death of the previous advocates. The court allowed the substitution to ensure the applicant is properly represented. Regarding the bill of costs, the court noted that the request to have it placed before a different Deputy Registrar was overtaken by events, as there is now only one Deputy Registrar in the Division who was not present in 2019. The court directed the file to be taken to the Deputy Registrar to fix a date for re-taxation of the bill of costs, ensuring procedural regularity and administrative efficiency.

Court Disposition

Application for substitution of advocates allowed; directions given for taxation of bill 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 to be taken to the Deputy Registrar to fix a date for re-taxation of the bill of costs dated 2/10/2019.