[2022] KESC 73 (KLR)
The court found that the 6th respondent had failed to maintain contact and provide necessary instructions to their advocate, despite reminders. This failure undermined the advocate's ability to represent the client effectively and would stall the proceedings, contrary to the interests of justice. The court held that...
Source-derived case information.
- Citation
- [2022] KESC 73 (KLR)
- Parties
- Applicant: Member of Parliament for Mbalambala Constituency; Respondent: Abdi Ahmed Abdi; Respondent: Cabinet Secretary for Interior and Co-ordination of National Government; Respondent: County Commissioner, Garissa County; Respondent: Attorney General; Respondent: Member of Parliament, Garissa Township Constituency; Respondent: Member of Parliament, Dadaab Constituency; Respondent: Governor, Garissa County; Respondent: Independent Electoral and Boundaries Commission
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Petition (Application) 21 (E023) of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application by Advocate to Cease Acting
- Outcome
- Application allowed. Leave granted for advocate to cease acting for the 6th respondent. Costs to the 6th respondent.
- Judges
- I Lenaola
- Legal Topics
- Advocate Ceasing to Act, Leave to Withdraw, Client Instructions, Service of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Member of Parliament for Mbalambala Constituency
Applicant
Abdi Ahmed Abdi
Respondent
Cabinet Secretary for Interior and Co-ordination of National Government
Respondent
County Commissioner, Garissa County
Respondent
Attorney General
Respondent
Member of Parliament, Garissa Township Constituency
Respondent
Member of Parliament, Dadaab Constituency
Respondent
Governor, Garissa County
Respondent
Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application by Advocate to Cease Acting
Legal Issues
- 1 Whether counsel for the 6th respondent should be granted leave to cease acting due to lack of instructions from the client.
- 2 Whether the application to cease acting was properly served and unopposed.
Ratio Decidendi
The court found that the 6th respondent had failed to maintain contact and provide necessary instructions to their advocate, despite reminders. This failure undermined the advocate's ability to represent the client effectively and would stall the proceedings, contrary to the interests of justice. The court held that it would be improper to force counsel to continue acting for a party who has become unresponsive. As the application was properly served and unopposed, the court granted leave for M/S Issa & Co Advocates to cease acting for the 6th respondent and ordered the 6th respondent to pay the costs of the application.
Court Disposition
Application allowed. Leave granted for advocate to cease acting for the 6th respondent. Costs to the 6th respondent.
Orders
- The Notice of Motion dated 31st January 2022 is allowed.
- M/S Issa & Co Advocates are granted leave to cease acting for the 6th Respondent.
Full Case Text
Judgment text and source record
36 paragraphs
Member of Parliament for Mbalambala Constituency v Abdi & 7 others (Petition (Application) 21 (E023) of 2020) [2022] KESC 73 (KLR) (4 November 2022) (Ruling)
Neutral citation: [2022] KESC 73 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Petition (Application) 21 (E023) of 2020
I Lenaola, SCJ
November 4, 2022
Between
Member of Parliament for Mbalambala Constituency
Petitioner
and
Abdi Ahmed Abdi
1st Respondent
Cabinet Secretary for Interior and Co-ordination of National Government
2nd Respondent
County Commissioner, Garissa County
3rd Respondent
Attorney General
4th Respondent
Member of Parliament, Garissa Township Constituency
5th Respondent
Member of Parliament, Dadaab Constituency
6th Respondent
Governor, Garissa County
7th Respondent
Independent Electoral and Boundaries Commission
8th Respondent
(Being an application by M/s Issa & C0 Advocates to cease acting for the 6th Respondent)
Ruling
1. UPON considering the Notice of Motion dated 31st January 2022 brought pursuant to Rules 18(6) and (7) of the Supreme Court Rules, 2020, in which counsel for the 6th respondent seeks leave of this court to cease acting for the respondent aforesaid; and
2. UPON reading the supporting affidavit in support of the Motion sworn by Mansour Muathe Issa, Advocate on 31st January 2022 and considering the grounds in support therein, mainly that his client has ceased contact and that despite several reminders the 6th respondent has failed to give him proper instructions and he is, therefore, unable to proceed with the hearing of the Petition on 10th November 2022; and
3. Noting that, although the Motion was served on the 6th respondent and all other parties none has responded to it;
4. I Opine that a party is expected to properly and fully instruct Counsel in order for it to receive the best legal advice. Failure to do so would mean that the matter stalls and the interests of justice would not be served. A court should also not force Counsel to appear for a party that has lost touch for whatever reason.
5. Accordingly, I now make the following Orders:i.The Notice of Motion dated 31st January 2022 be and is hereby allowed and M/S Issa & Co Advocates, are hereby granted leave to cease acting for the 6th Respondent.ii.The 6th Respondent shall pay the costs thereof.
6. Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 4TH DAY OF NOVEMBER 2022. .....................................I. LENAOLAJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRAR,SUPREME COURT OF KENYA